Last Updated: January 24, 2022
Cherry Privacy Policy
PLEASE READ THIS PRIVACY POLICY CAREFULLY. THIS POLICY DESCRIBES THE WAYS Cherry Technologies Inc. (“Cherry”, “we”, “us”, “our”) AND OUR VENDORS COLLECT, PROTECT, USE AND STORE YOUR PERSONAL INFORMATION. YOU ACCEPT THIS PRIVACY POLICY BY USING OUR PRODUCTS AND SERVICES ON OUR WEBSITE OR THROUGH ANY OTHER MEANS (COLLECTIVELY THE “SERVICES”). We may amend this Privacy Policy at any time by posting a revised version on our website. We will attempt to give a reasonable notice period upon making any changes; however, unless otherwise stated, the revised version will be effective at the time we post it.
1. How Cherry collects your information
1.1. Information you give Cherry
If you open an account or use the Cherry Services, either directly or through a merchant partner or a third-party platform, we may collect the following types of information:
- Personal information – your name, date of birth, Social Security number, address, phone, email, third-party application IDs, and other similar information.
- Financial information – bank account online login information, bank account numbers, bank account details including transaction history, routing numbers and/or debit card numbers and credit card numbers that you link to your Cherry account or you give us when you use the Services. Before permitting you to use the Services, we may require you to provide certain information, including but not limited to your date of birth, social security number. We may use this information or other information you provide to verify your identity.
1.2. Information Cherry learns from your Use
When you visit the Cherry website or use the Services, we may collect information sent to us by your computer, mobile phone or any other device. This information may include your IP address, device information including but not limited to identifier, name and type, operating system, location, mobile network information and standard web log information, such as your browser type, traffic to and from our site, the pages you accessed on our website, and any other available information. We may also collect information about your use and interaction with our website, application or the Services. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity that may affect the availability of the Services. When you use the Services, we may also store information based on your usage history. This includes, but is not limited to, details of your purchases, content you viewed, event information, click stream information, and cookies that may uniquely identify your browser or your account. We may also collect information about you from any contact you have with any of our services or employees, such as, with our customer support team, in surveys, or through interactions with our affiliates.
1.3. Cookies and other tracking technologies
We use various technologies to collect and store information when you use the Services, and this may include sending one or more cookies or device identifiers. We also use these tracking technologies when you interact with the services we offer to our partners, such as advertising services or Cherry features that may appear on other sites and in any other manner that we deem necessary for our business purposes, such as:
- Site operations: Enabling features that are necessary for providing you the Services on our site, such as identifying you as being signed in, tracking content views, remembering your preferences, and the number of times you have been shown an advertisement.
- Analytics: Allowing us to understand how our Services are being used, track site performance, and make improvements.
- Personalized advertising: Delivering tailored advertising based on your preferences or interests across services and devices, and measuring the effectiveness of advertisements.
You can learn more about ad-serving companies and the options available to limit their collection and use of your information by visiting the websites for the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative. Similarly, you can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.
Please note that opting out of advertising networks services does not mean that you will not receive advertising while using our Services or on other websites, nor will it prevent the receipt of interest- based advertising from other companies that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. Note that if you delete your cookies, you may also delete your opt-out preferences
1.4. Information obtained from third parties
We may also obtain information about you from third parties such as credit bureaus and identity verification services. If you apply for a loan or line of credit with Cherry, we will obtain consumer reports from consumer reporting agencies related to you at the time of your collection and periodically throughout the term of your loan or line of credit, as well as in connection with the use of any other services that we offer or that you may obtain from us (including financial management services, credit profile tools, and the Cherry marketplace).
You may choose to provide us with access to certain personal information stored by third parties such as social media sites (such as Facebook and Twitter). The information we have access to varies by site and is controlled by your privacy settings on that site and your authorization. By associating an account managed by a third party with your Cherry account and authorizing Cherry to have access to this information, you agree that Cherry may collect, store and use this information in accordance with this Privacy Policy.
2. How Cherry protects your information
2.1. Safety policies
Cherry stores and processes your information maintaining physical, electronic and procedural safeguards. We maintain physical security measures to guard against unauthorized access to systems and use safeguards such as firewalls and data encryption. We enforce physical access controls to our buildings, and we authorize access to personal information only for those employees or agents who require it to fulfill the responsibilities of their jobs.
3. How Cherry uses your information
3.1. To improve our service
Cherry uses information to perform and improve our services, contact you, conduct research, and provide anonymous reporting for clients. For example, we may use information to provide customer service and support, process transactions, resolve disputes, collect payments, prevent illegal activities, customize the Services, reduce risk to all parties involved in our transactions, and verify the accuracy of information.
3.2. To serve relevant marketing to you
We may use information to deliver targeted marketing, service update notices, and promotional offers based on your communication preferences. We may combine your information with information we collect from other companies and use it to improve and personalize the Services, content, and advertising.
4. How Cherry shares your information.
4.1. For our everyday business purposes
We share your personal information with employees, affiliates, vendors, partners, merchant partners, marketing providers, and third parties as required to offer the Cherry Services. This includes, but is not limited to, processing transactions, maintaining your account, offering or servicing loans or lines of credit, offering other financial services, responding to court orders and legal investigations, litigation purposes, complying with audits or other investigations, and reporting to credit bureaus. We also engage the following types of service providers to perform functions on our behalf: marketing providers, billing and collection providers, auditing and accounting firms, professional services consultants, providers of analytics services, security vendors, and IT vendors. Occasionally, these service providers may also collect data directly from you and their privacy policies may also apply. Cherry will not share your financial information collected under Section 1.1 of this Privacy Policy with any third party unless required by law or valid court order.
4.2. When required by law
We will share your information with any party when required by law or by a government request to do so or to combat fraud or criminal activity.
4.3. With our merchant partners to provide personalized offers
We may share your information with merchants you interact with using Cherry for marketing, if you consent or as permitted by law. By creating an Cherry account, you consent to Cherry sharing your information with merchants you use the Cherry Services with, for those merchants to market to you. We do this to help merchants personalize services and offers, so you can have a better experience. You’re able to revoke your consent at any time by following the steps below. If you choose to do so, we will stop sharing your information with merchants from that point onward, except as necessary to complete transactions you initiate.
5. What are your options?
5.1 SMS messaging
You can opt out of receiving SMS messages by emailing [email protected] or replying back with “STOP” to our SMS messages. Cherry reserves the right to close or limit access to your account should you opt out of the crucial notices that are required to perform the Cherry Service. You are still responsible for any amounts due to Cherry even if we close or limit access to your account.
5.2 Access your information
You can review and edit your personal information at any time by logging in to your account or by contacting us at [email protected] You can also request to close your account if you do not have an active loan by contacting us at [email protected] If you close your Cherry account, we will mark your account in our database as “Closed,” but will keep your account information in our database to comply with our legal obligations. This is necessary in order to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account and opening a new account. If you close your account, your personally identifiable information will not be used by us for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law or in accordance with this Privacy Policy.
6. California consumers
6.1 Your California privacy rights
Persons with disabilities may obtain this notice in alternative format upon request by contacting us at [email protected] or by calling Customer Support at (888) 839-7171.
California Shine the Light: Residents of the State of California have the right to request information from Cherry regarding other companies to whom the company has disclosed certain categories of information during the preceding year for the other companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please email [email protected].
California Consumer Privacy Act: The California Consumer Privacy Act (“CCPA”) provides California residents with the right to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as the right to know/access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Certain information we collect may be exempt from the CCPA because it is considered public information (e.g., it is made available by a government entity) or covered by a specific federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act.
To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.
Right to notice at collection regarding the categories of personal information collected
You have the right to receive notice of the categories of Personal Information we collect, and the purposes for which those categories of Personal Information will be used. This notice should be provided at or before the time of collection. The categories we use to describe the information are those enumerated in the CCPA.
Personal identifiers:
- We collect your name, phone number, and email address and contact address when you create an account or complete a transaction. If you choose to create an account, you will also be asked to create a username, and we will assign one or more unique identifiers to your profile. We use this information to provide the Services, respond to your requests, and send information and advertisements to you.
- We collect payment information when you provide it to us, which may be your credit card number or a bank account, when you complete a transaction. You have the option to store this information to your account or set up a recurring transaction. We use this information to streamline and facilitate payments and transactions.
- We may collect your Social Security number or Driver’s License number. We use this information to identify you, authenticate and collate information about you, prevent fraud, and conduct background checks or other screening activities.
- We collect your IP address automatically when you use our Services. We use this information to identify you, gauge online activity on our website, measure the effectiveness of online services, applications, and tools, and to serve targeted advertisements based on your online activities.
- We collect your Device ID automatically when you use our Services. We use this information to monitor your use, and the effectiveness of our Services, to identify you, and to provide you with targeted information and offers.
- Protected classifications: We collect your age in order to comply with laws that restrict collection and disclosure of personal information belonging to minors.
- Commercial information: When you engage in transactions with us, we create records of goods or services purchased or considered, as well as purchasing or consuming histories or tendencies. We use this information to measure the effectiveness of our Services and to provide you with targeted information, advertisements, and offers.
- Biometric information: We collect information about your physiological, biological, and behavioral characteristics. We use this information to verify your identity.
- Internet or other electronic network activity information: We collect information about your browsing history, search history, interaction with websites, and applications or advertisements automatically when you utilize our Services. We use this information to gauge online activity on our website, measure the effectiveness of online services, applications, and tools, and to serve targeted advertisements based on your online activities.
- Geolocation data: As described above, we collect your IP address automatically when you use our Services. We may be able to determine your general location based on your device’s IP address. When you use the Services for the first time, we may ask for your permission to collect your precise location (i.e., your GPS coordinates). If you allow your device to provide us with this information, we use it to make improvements to our products and services, and to provide recommendations and deliver relevant advertising.
- Audio, electronic, visual, or similar information: If you contact us via phone, we may record the call. We will notify you if a call is being recorded at the beginning of the call. We may collect your photographic or video image, or similar information. We use this information to monitor our customer service, maintain the security of our systems and physical locations, and train employees.
- Professional or employment-related information: We collect information about your current employer and your employment history. We use this information to conduct background and other screening activities, and to promote our services to others.
- Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics: We may analyze your actual or likely preferences through a series of computer processes. On some occasions, we may add our observations to your internal profile. We use this information to gauge and develop our marketing activities, measure the appeal and effectiveness of our Services, applications, and tools, and to provide you with targeted information, advertisements, and offers.
We may use any of the categories of information listed above for other business or operational purposes compatible with the context in which the Personal Information was collected.
We may share any of the above-listed information with Service Providers, which are companies that we engage for business purposes to conduct activities on our behalf. Service Providers are restricted from using Personal Information for any purpose that is not related to our engagement. The categories of Service Providers with whom we share information and the services they provide are described in this Privacy Policy.
Right to know about personal information collected, disclosed, or sold
You have the right to request that we disclose to you the Personal Information we collect, use, disclose, or sell. In order to process your request to know/access your Personal Information or delete your Personal Information we may ask you to take additional steps to verify your request or identity.
Verification procedures
In order to process your request to know about or delete personal information we collect, disclose, or sell, we must verify your request. We do this by:
- Providing personal identifiers we can match against information we may have collected from you previously, and
- Asking you to confirm your request using the email address or telephone account stated in the request.
If you have authorized someone else to make requests on your behalf, we will require that you provide notarized statements confirming the identity and authority of that person. Such notarized statements can be obtained by emailing [email protected]
Right to know/access information
You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request.
Right to request deletion of information
You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
Right to information regarding participation in data sharing for financial incentives
You have the right to be free from discrimination based on your exercise of your CCPA rights. We may run promotions from time to time wherein we incentivize a consumer to share certain pieces of information with us. Participation in these incentives is voluntary, and you may opt out of the data sharing at any time.
Right to opt out of sale of personal information to third parties
Though Cherry does not sell Personal Information to third parties, California law requires that we maintain a separate webpage that allows you to opt out of the sale of your Personal Information in the future, which can be accessed by calling us at (888) 839-7171.
Please note that your right to opt out does not apply to our sharing of Personal Information with service providers, who are parties we engage to perform a function on our behalf and are contractually obligated to use the Personal Information only for that function.
We may also disclose information to other entities when required by law or to protect Cherry or other persons, as described in our Privacy Policy.
How to submit a request
You may submit a request to exercise your rights through the following means:
- By visiting www.withcherry.com/privacy, where you can request and download specific pieces of information we have collected. By signing in to your account to submit the request, you will be able to automatically verify your identity, which will result in faster processing of your request.
- 2. By calling us at (888) 839-7171.
Authorized agent
You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf. We require that you and the individual complete notarized affidavits in order to verify the identity of the authorized agent and confirm that you have authorized them to act on your behalf.
7. Nevada residents
7.1 Special information for Nevada residents
Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to other companies who will sell or license their information to others. Cherry does not sell the Personal Information of its customers. However, if you are a Nevada resident and would like to make such a request, please email [email protected].
8. Contact Cherry
8.1 Contact Cherry
If you have questions or concerns regarding this Privacy Policy, you should contact us at [email protected].
Cherry Privacy Notice
| Facts | What does Cherry Technologies Inc. do with your personal information? |
|---|---|
| Why? | Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. |
| What? | The types of personal information we collect and share depend on the product or service you have with us. This information can include: – Transaction history and account transactions – Credit scores and checking account information When you are no longer our customer, we continue to share your information as described in this notice. |
| How? | All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Cherry Technologies Inc. chooses to share; and whether you can limit this sharing. |
| Reasons we can share your personal information | Does Cherry Technologies Inc. share? | Can you limit this sharing? |
|---|---|---|
| For our everyday business purposes– such as to process your transactions, maintain your account(s), offer or service loans or lines of credit, offer other financial services, respond to court orders and legal investigations, or report to credit bureaus |
Yes | No |
| For our marketing purposes– to offer our products and services to you |
Yes | No |
| For joint marketing with other financial companies | Yes | No |
| For our affiliates’ everyday business purposes– information about your transactions and experiences |
Yes | No |
| For our affiliates’ everyday business purposes– information about your creditworthiness |
Yes | Yes |
| For our affiliates to market to you | Yes | Yes |
| For non-affiliates to market to you | Yes | Yes |
| To Limit Our Sharing | Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice, or earlier if you consent or as permitted by law. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing. |
| Questions? | Call 888-839-7171 or email [email protected] |
| Who we are | |
| Who is providing this notice? | Cherry Technologies Inc. |
| What we do | |
| How does Cherry Technologies Inc. protect my personal information? | To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. |
| How does Cherry Technologies Inc. collect my personal information? | We collect your personal information, for example, when you – Apply for a loan or open an account – Provide account information or pay your bills – Use your credit or debit card We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. |
| Why can’t I limit all sharing? | Federal law gives you the right to limit only – sharing for affiliates’ everyday business purposes–information about your creditworthiness – affiliates from using your information to market to you – sharing for non-affiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. |
| Definitions | |
| Affiliates | Companies related by common ownership or control. They can be financial and nonfinancial companies. – Cherry Technologies Inc., shares with its affiliate for some purposes as permitted by applicable law and this Privacy Policy. |
| Non-affiliates | Companies not related by common ownership or control. They can be financial and nonfinancial companies. – Non-affiliates we can share with include our merchant partners, third-party platforms, and marketing service providers. |
| Joint marketing | A formal agreement between nonaffiliated financial companies that together market financial products or services to you. – Cherry Technologies Inc. doesn’t jointly market. |
| Other important information | |
| Special Notice For State Residents For California Residents. We will not share personal information with affiliates or non-affiliates except as permitted by California law, such as to process your transaction or with your consent. For Vermont Residents. We will not share personal information with affiliates or non-affiliates except as permitted by Vermont law, such as to process your transaction or with your consent. |
|
Cross River Bank Privacy Notice
| Facts | What does Cross River Bank do with your personal information? |
|---|---|
| Why? | Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do. |
| What? | The types of personal information we collect and share depend on the product or service you have with us. This information can include: – Social Security number and Account balances – Payment history and Transaction history – Account transactions and Wire transfer instructions When you are no longer our customer, we continue to share your information as described in this notice. |
| How? | All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Cross River Bank chooses to share; and whether you can limit this sharing. |
| Reasons we can share your personal information | Does Cross River Bank share? | Can you limit this sharing? |
|---|---|---|
| For our everyday business purposes- such as to process your transactions, maintain your accounts, offer loans or lines of credit, offer other financial services, respond to court orders and legal investigations, or report to credit bureaus |
Yes | No |
| For our marketing purposes- to offer our products and services to you |
Yes | No |
| For joint marketing with other financial companies | Yes | No |
| For our affiliates’ everyday business purposes- information about your transactions and experiences |
No | We don’t share |
| For our affiliates’ everyday business purposes- information about your creditworthiness |
No | We don’t share |
| For non-affiliates to market to you | No | We don’t share |
| Questions? | Call toll-free 1-877-55CRB55 or go to www.crossriverbank.com |
| What we do | |
| How does Cross River Bank protect my personal information? | To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate. |
| How does Cross River Bank collect my personal information? | We collect your personal information, for example, when you – Open an account or Apply for a loan – Make deposits or withdrawals from your account or Provide employment information – Give us your contact information We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. |
| Why can’t I limit all sharing? | Federal law gives you the right to limit only – sharing for affiliates’ everyday business purposes-information about your creditworthiness – affiliates from using your information to market to you – sharing for non-affiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. |
| Definitions | |
| Affiliates | Companies related by common ownership or control. They can be financial and nonfinancial companies. – Cross River Bank does not share with our affiliates. |
| Non-affiliates | Companies not related by common ownership or control. They can be financial and nonfinancial companies. – Non-affiliates we share with can include loan finance companies. |
| Joint marketing | A formal agreement between nonaffiliated financial companies that together market financial products or services to you. – Our joint marketing partner(s) include loan finance companies. |
| Other important information | |
| Special Notice For State Residents For Alaska, Illinois, Maryland and North Dakota Customers. We will not share personal information with non-affiliates either for them to market to you or for joint marketing-without your authorization For California Customers. We will not share personal information with non-affiliates either for them to market to you or for joint marketing-without your authorization. We will also limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us. For Massachusetts, Mississippi and New Jersey Customers. We will not share personal information from deposit or share relationships with non-affiliates either for them to market to you or for joint marketing-without your authorization. For Vermont Customers. We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Additional information concerning our privacy policies can be found at www.crossriverbank.com or call 1-877-55CRB55. |
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