Consumer Privacy Policy

Branch Messenger, Inc., a Delaware corporation ("Branch", "our", "us", or "we") respects your privacy. We are committed to protecting the privacy of our users while providing a personalized and valuable service.  With that in mind, we have created this Privacy Policy (or “Policy”) to help you understand how and describe our practices regarding our collection and use of your Personal Information when you use the Branch Service and to inform you of our data collection practices. This Policy applies to the collection, use, storage, and processing of the Personal Information of consumers in connection with transactions conducted through the Website, our mobile app, or any other component of the Branch Service. 

1. Changes to Our Privacy Policy

We may change or update this Policy periodically.  When we do, we will notify you of any material changes as required by law by appropriate means which may include, but are not limited to, posting the revised Policy on our website and/or sending notice to an email or approved communication device pursuant to our [Electronic Consumer Consent].  Any changes to this Policy will become effective when posted unless indicated otherwise.

2. Our Service and Your Consent to this Policy

Branch operates the Branch Website www.branchapp.com (the “Website”)and the Branch App, through which workers can access a Branch Account, Branch Mastercard Debit Card and certain banking services and products (collectively, the “Branch Service” or “Service”). For the purposes of this Policy, “Branch App” includes the following applications: 1) the Branch App, 2) the Shiftkey Wallet App, and 3) any other application controlled by Branch. The Mastercard debit cards and related banking services are offered by Evolve Bank & Trust, member FDIC (“Evolve”), as card issuer and depository.  Our Terms of Service (available at http://www.branchapp.com/legal/terms), contain more detail about the Branch Service that are available to you.

By using the Branch Service, you agree to this Privacy Policy and consent to the collection and use of your Personal Information in accordance with this Privacy Policy. If you do not consent to these terms, do not use the Website, mobile app, or any other component of the Branch Service. This is our entire and exclusive Privacy Policy for Consumer Accounts and it supersedes any earlier version. To withdraw consent and have data deleted or corrected, if legally applicable, please see the section below for “Opt-out – Your Choices,” “How long we keep your information, your right to delete it and correct it,” and “Questions and contact information”.

3. What is Personal Information? 

“Personal information” is personally identifiable information (i) provided by a consumer to Branch, (ii) resulting from a transaction or any service performed for the consumer, or (iii) otherwise obtained by Branch.  This Policy is intended for consumers.  If you are an independent contractor or business using the Branch Service, please refer to the Business Privacy Policy, located [here].

4. What Personal Information Does Branch Collect?

We obtain Personal Information about you in various ways, such as when you visit our Website or use the mobile app, when you use your Branch Card, Branch Account or any other Branch Service. We also may obtain Personal Information about you in other ways, such as when you call, mail, email us, or engage with us through the Branch App or chat features.

The types of Personal Information we obtain may include:

1. Contact Data, such as name, telephone number, and postal and email address;
2. Account Credentials, such as password, unique customer identification numbers, and other information for authentication and account access;
3. Identity Data, such as your date of birth, Tax Identification Number (TIN), or your Social Security Number (SSN), copies of your passport, driver’s license, other other national ID, any information captured on such ID (such as facial images/photographs) or through our ID verification process (including ID verification results), and device fingerprinting;
4. Financial Data, including your bank account information, routing and account numbers, debit card information, and transaction data;
5. Transaction Data, including information associated with your use of Branch Service such as ACH transfers, and debit card transactions;
6. Communication and Online Content, including content within any messages you send to us (such as when you contact support or ask a question);
7. Demographic information, such as age, date of birth, employment information, marital status, sex, gender, and military or veteran status;
8. Vendor Data, such as Google Analytics and other entities that perform services on our behalf;
9. Geographic Location Data, such as information based on services you request (e.g., helping you locate the nearest ATM);
10. Marketing Data, such as your contact preferences;
11. Telephone Carrier Data, such as network status, customer type, billing type, mobile device identifiers (IMSI and IMEI), and other subscriber status details;
12. Other information you choose to provide, such as through our “Contact Us” feature, emails or other communications, social media pages, surveys, registrations and sign-up forms;
13. Publicly Available Data, such as from social media services;
14. Automated Data, such as cookies and web beacons;
15. Device Data, such as device type, mobile operating system, identifiers, settings, configurations, IP addresses, battery and signal strength, usage statistics, dates and times of usage, actions taken on the app, and other information regarding the use of the app.  
16. Anonymized and aggregated data. To improve, analyze, and market the Branch Service, Branch may transform Personal Information into deidentified or anonymized information which cannot be used to identify you and by aggregating or combining deidentified data with other information.

Your device’s operating platform may provide you with a notification when the app attempts to collect your precise geolocation. Please note that if you decline to allow Branch App to collect your precise geolocation, you may not be able to use all of the app’s features (like locating ATM locations near you).  We do not control or supervise how third-party sources process your Personal Information, and any request that you have regarding the disclosure of your Personal Information from them to us should be made directly to those third parties (such as Meta or LinkedIn).

5. How Does Branch Obtain Your Information?

Branch obtains your information in the following ways:

1. From You.  You provide information to us when you use the Branch Service, for example you provide us with your identity and contact information in order to open an account.
2. From Your Devices. Your device automatically provides us with information about your device in order to facilitate your use of the Service.  Your devices may prompt you to share data with Branch when you access certain services like our ATM locator.
3. From Our Partners. Branch receives information from Evolve, your workplace or wherever you are providing services, and other partners to facilitate the Service.
4. Third Party Sources.some text
   1. Public Sources, such as public records, social media platforms, and other publicly available sources.
   2. Data Providers, such as information services or data licensors.
   3. Government Sources, such as regulators, consumer protection agencies, and any other institutions through which you may request resolution to any issues you may encounter. 

6. How Does Branch Use Your Information?

Branch uses Personal Information to provide you with reliable and secure Branch  Services.  This may require us to use your Personal Information for a number of legitimate business purposes, including without limitation, one of the purposes described below:

1. Providing the Branch Service.  We may use one of more categories of Personal Information we collect to facilitate your transactions and otherwise provide the Branch Service.  
2. Improving and developing the Branch Service. We may use certain Personal Information we collect to understand how you use the Branch Service, and how we can improve it. We also use Personal Information to analyze trends and performance to identify future opportunities for the development, promotion, and improvement of the Branch Services. We also use analytics services, such as Google Analytics, to help us understand how users access and use the Branch Services.
3. Securing the Service and Fraud Detection. Branch processes and analyzes Personal Information we collect for the purposes of maintaining the safety and security of our systems, the Branch Website, the Branch App, and the Branch Service, including identifying and troubleshooting problems with the Branch Service, investigating suspicious activity, detecting potentially fraudulent or unauthorized transactions, enforcing our terms and policies, and in protecting the rights of Branch, our customers, and those we all do business with.
4. Providing Customer Support. Branch processes Personal Information we collect to verify your identity and to provide customer care and support services, including to help us respond to your inquiries, advise you about account features, resolve issues with your Branch Card or Branch Account and to otherwise, improve the quality of Branch Services. We also use this information to provide appropriate training to Branch staff and contractors. Please note, we may use automated chat capabilities where you may be interacting with a bot rather than a person for appropriate questions.
5. Sending Administrative Communications. Branch may use your information to send you information related to the Branch Service, such as confirmations, technical notices, service updates, security alerts, and support, onboarding, and administrative messages.
6. Sending Marketing Communications. Branch may use your information, including marketing analytics, to advertise and promote the Branch Service by phone, text, email, or chat, and additional products and services from our partner companies, according to your marketing preferences.  You may be able to opt out of Marketing Communications.  Please see the “Opt-Out” Section for more information
7. Complying with Legal Obligations. Branch may use Personal Information to fulfill Branch’s legal and regulatory obligations, including, without limitation:some text
   1. to cooperate with public and government authorities, courts or regulators in accordance with applicable laws;
   2. to protect against, investigate, and deter fraudulent, unauthorized, or illegal activity;
   3. to protect Branch’s legal rights, pursue remedies available to us, and limit our damages;
   4. to protect against misuse or abuse of the Service;
   5. to protect personal or public property or safety;
   6. to comply with judicial proceedings, court orders or legal processes; or
   7. to respond to lawful requests.
8. With Notice to You and Your Consent. Branch may also use Personal Information after providing notice to you of the intended use and obtaining your consent. You may opt out of or refuse consent for some types of processing; please see the “Opt Out - Your Choices” section below for how to do so.

In using your Personal Information, we may share some or all of it with authorized representatives of Evolve, your employer, and other entities that you may designate whose activities relate to the Branch Service without seeking your consent. Please refer to “Who Does Branch Share Your Information With?” Section of this Policy below for a full description of our information sharing practices.

7. Who Does Branch Share Your Information With?

Branch does not sell or share Personal Information we collect about you with third parties, except as set for below:

1. Evolve Bank & Trust (“Evolve”).  Evolve is Branch’s Bank Partner.  Branch shares Personal Information it collects with Evolve in order to enable it to issue a debit  account to the primary accountholder, open a sub-ledger account at Evolve, verify your identity, and other operational services.  As the card issuer and depository bank, Evolve has a direct contractual relationship with the primary accountholder through the cardholder agreement that accompanies the account and card.  Evolve engages us as a service provider in the capacity as the program manager for the debit card program, and we are responsible for marketing, distribution, and operation of the debit card program.  In order to understand your rights in connection with information gathered by, processed, and shared by Evolve, see Evolve’s privacy policy available at http://www.getevolved.com/privacy-policy/. 
2. Your workplace or wherever you are providing services.  In using your personal information, we may share some or all of it with authorized representatives of your workplace or wherever you are providing services.  
3. Plaid, Inc. (“Plaid”). Branch uses Plaid’s open banking interface to complete your requests by inputting your online banking credentials instead of full bank account and routing numbers.  By using the Branch Service, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy, found here https://plaid.com/legal. If you decide not to use the Plaid service to verify your bank account, you will have the option to perform a manual verification of your bank account using other processes that we provide for this purpose.
4. Other Service Providers. Branch shares your Personal Information with selected outside companies to assist us in providing you with the Branch Service. Branch cannot offer the Branch Service without sharing your Personal Information with these service providers. Branch’s other service providers include, but are not limited to, Amazon, Apple, and Google, as well as insurance companies and other professional advisors.
5. Third Party Processors. Branch shares your Personal Information with third party processors who act on our behalf to provide our Services and to help with operations on our behalf (“Processors”). Processors provide us with technical support, give us additional personal data about you, and to perform analytics and other work that we may need to outsource. These Processors are bound by law and/or contract to protect the confidentiality and security of your Personal Information.  They only process your Personal Information to provide requested services for us.  
6. Legal Obligations and Regulatory Agencies. Branch may disclose any or all categories of your Personal Information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. 
7. Our Professional Advisors. Branch may disclose all such categories of your Personal Information to our professional advisers as is reasonably necessary for the purposes of managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. Further, we may share some or all of your Personal Information in connection with or during negotiation of any merger or similar transaction involving sale or transfer of some or all of our business or assets. If another company acquires our company or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

8.  Cookies and Similar Technologies

We use the following technologies to facilitate the automatic data collection described above:

1. Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that we place on our websites and app for social media, advertising, analytics companies, and other service providers.
2. Logical storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
3. Pixels or web beacons, also known as pixel tags or clear GIFs, enable collection, storage, and sometimes sharing of your information and/or your actions taken, such as whether you accessed or opened a webpage or email or that you viewed or clicked certain content. Certain pixels include computer-code snippets that enable the collection and sharing of information back to web servers of third parties.

Cookie Opt-outs. You can disable cookies via most browsers. This may affect site functionality. To opt out of cookies on our site, click the “Your Privacy Options” link in the footer of our website, click “cookie choices” and select your preference.

Branch may use automated processes to help us determine your eligibility for new services or products and for processes. In such cases, if and as applicable, and to the extent required by applicable law, we will endeavor to implement suitable safeguards , including, for example, an opportunity for you to contest any decisions made, and request that we restrict the use of your Personal Information for the purposes of these automated decisions.

9.  Retention of Personal Information

We retain information we collect about you, and use the following factors to determine the retention period of personal information:

1. to maintain an ongoing relationship with you as a customer, member, or business contact (for example, when you are a recipient of any of our Services).
2. to perform under applicable terms and services to which you agreed.
3. as necessary in connection with the lawful purposes set out in this Privacy Policy.
4. to comply with applicable laws
5. to establish, exercise or defend our legal rights.

10.  Opt-Out – Your Choices

You may have additional choices if you are from California and Nevada. Please see the “California Privacy Rights” and “Nevada Privacy Rights” Sections below if you are a resident of those areas.

You may choose to opt out of marketing communications from Branch.  For more information on opting out of marketing communications, please see our [Electronic Consumer Consent].  You can request to opt out by contacting us using the information provided in the “How to Contact Us” section below.

Some personal information is required to provide the Service.  If you choose not to provide Branch with required information, Branch will not be able to provide the Services to you.

We want you to be aware of the choices you have in limiting the sharing of your personal information.

Direct Mail Opt-Out

To opt out of Branch’s marketing and advertising campaigns conducted via direct/postal mail, please make your request at [link to form?].

Access or Update Your Information (Registered Users)

‍

If you have an account with us, you may review and update certain account information by logging into your account. To update your profile, open your Branch App and log into your account. The Branch App is password protected to safeguard your information. As a registered user, you can update your password, physical address, and phone number at any time on the Branch App. If you need to change any other information in your profile, please contact our customer service hotline at [phone number].

Advertising choices You can limit use of your information for interest-based advertising by:

1. Browser settings. Blocking third-party cookies in your browser settings.
2. Privacy browsers/plug-ins. By using privacy browsers or ad-blocking browser plug-ins that let you block tracking technologies. 
3. Platform settings. Google, Bing, Facebook, and TikTok offer opt-out features that let you opt-out of use of your information for interest-based advertising:some text
   1. Google: https://adssettings.google.com/
   2. Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
   3. Facebook: https://www.facebook.com/about/ads
   4. TikTok: https://www.tiktok.com/legal/privacy-policy-us?lang=en
4. Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes. You will need to apply these opt-out settings on each device from which you wish to opt-out.
5. Do Not Track. Certain Internet browsers can be configured to send “Do Not Track” signals to the online services that you visit. If your browser is set to “Do Not Track” or “Send a Do Not Track Request,” we interpret this as a valid request to not sell or share the personal information for that browser or device.

A special note about your telephone number – By providing your telephone number to us, you agree that this action constitutes an “inquiry” for purposes of telemarketing laws. Regardless of the fact that your telephone and/or mobile number may be listed with the Federal Do-Not-Call Registry or your State Do-Not-Call list, you are providing your express written consent to receive future information (including telemarketing) about products and services from us, and you hereby agree and consent to our contacting you using the information you have provided and will provide to us. This means we may contact you by e-mail, phone and/or mobile number or any other means of communication that your wireless or other telecommunications device may be capable of receiving (e.g., video, etc.). You are not required to consent to marketing communications in order to obtain Services through us. Consent to receive marketing communications may be revoked by you at any time and by any reasonable means, including by the methods detailed in the “How to Contact Us” Section of this Policy.

12. Cross-Border Transfers Of Information 

Our Service and this Privacy Policy are strictly intended for users located in the United States and are provided in accordance with and subject to applicable United States law. Our Website, mobile app, and the Services are U.S. based and are controlled and administered by Branch from within the United States.  Branch service providers may operate from locations outside of the United States and may process and store Personal Information for the purposes described in this Policy in the United States or in any other country where Branch or its Processors operate. These countries may have data privacy or protection laws that are different to the laws of your country and may not be as protective. If you decide to continue to access our Website or app from a location outside the United States, you hereby agree that your use of the Website, mobile app or any Branch Services we may offer are subject to this Policy and your Personal Information will be transferred or processed in the United States.

13.  Security

To help protect the privacy of your Personal Information collected by us, we maintain reasonable physical, technical, and administrative safeguards. We update and test our security technology on an ongoing basis. For security of data, we use the Secure Sockets Layer (SSL) protocol for data in transit, which encrypts all information you send to us electronically. The encryption process protects your information, by scrambling it before it is sent to us from your computer or mobile device. Once we receive your transmission, we make commercially reasonable efforts to ensure its security on our system by using industry grade 256-bit encryption algorithms. We also restrict access to your Personal Information to those employees who need to know that information in order to provide the Branch Service to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. Despite the actions and precautions we take, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of your Personal Information.

14.  A Note About Children

Children under the age of 13 are not permitted to use the Branch Service, the Website, or our mobile app, and we do not intentionally collect or maintain Personal Information from those who are under 13 years old. Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under 13, we will take steps to remove that user’s Personal Information from our databases. We recommend that children between the ages of 13 and 18 obtain their parent’s permission before submitting information over the Internet. By using the Website, mobile app or Service, you are representing that you are at least 18 years old, or that you are at least 13 years old and have your parents’ permission to use the Website, mobile app and any Services offered by us.

15.  California Privacy Rights

If you are a California resident (“you” or a “California Customer”), California law may apply to how we collect and use your Personal Information, and what rights you have in some circumstances. The following terms supplement our Privacy Policy and explain the rights of California Customers under the California Consumer Privacy Act (“CCPA”).  Under the CCPA, “Personal Information” is information that identifies, relates to, or could reasonably be linked directly or indirectly with a particular California resident.  The CCPA, however, does not apply to certain information, such as information subject to the Gramm-Leach-Bliley Act (“GLBA”).

Branch may collect and process California Consumers’ Personal Information in accordance with this policy. 

In the past 12 months, we have not sold the information listed in the Policy to third parties - we do not sell the Personal Information of our Customers (including the Personal Information of those under 16 years of age).  We have, during this time period, disclosed Personal Information to our Processors and Business Partners for permissible business reasons. More details on the Personal Information we may collect are set forth in the “Categories of Information We Collect and its Sources” section above. More details on the Personal Information we have disclosed are set forth in the “With Whom We Share Your Information” section above. 

Your California Privacy Rights

If you are a California resident, you have certain rights over the information that we have about you. You can:

1. Delete any Personal Information we have collected from you when we do not have legal or contractual obligations to keep the information or a need for the information to carry out a legitimate business function.
2. Opt out of the sale of your Personal Information and opt out of having your personal data shared for the purpose of cross-context behavioral advertising. As discussed above, Branch does not sell your Personal Information nor share it for these purposes.
3. Request that Branch correct any inaccurate Personal Information we hold about you.
4. Request that Branch limit the use and disclosure of your sensitive Personal Information to uses that are necessary to provide our Services and to the uses defined in California law or regulation (defined in the California Civil Code, Section 1798.121).
5. Appoint an authorized agent to act on your rights on your behalf. Branch will require appropriate proof of the agent’s authority to make these requests and will need to verify your identity directly.
6. Request that Branch provide you with any or all of the following regarding Branch’s data processing for the 12 months preceding the request:some text
   1. The categories of information Branch has collected about you;
   2. The categories of sources from which the Personal Information is collected;
   3. The business or commercial purpose for collecting Personal Information;
   4. The categories of third parties to whom Branch discloses Personal Information; and/or
   5. A copy of the specific pieces of information Branch has collected about you.

Branch will not discriminate against you for any use of your privacy rights.

To exercise any of these rights, you may make a request by contacting us as detailed in the “How to Contact Us” Section of this Policy. Branch will confirm receipt of your request and provide you with information about our processes for acting on your request, including when you can expect a response, within 10 business days. We will need to verify your identity to ensure the security of your Personal Information before providing you with any Personal Information.

Do Not Track Disclosure. California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how Branch responds to “Do Not Track” browser settings. We currently do not respond to “Do Not Track” signals because a uniform technological standard has not yet been developed.

16.  Nevada Privacy Rights

FOR RESIDENTS OF NEVADA ONLY. In accordance with N.R.S. 603A.340, Nevada consumers may opt-out of the sale of their Personal Information to third parties, as provided by law. As provided in Section III, above, we do not share, sell or rent your Personal Information collected by us with third parties so that they can license or sell it to additional parties for any reason, including advertising and marketing purposes. 

17.  How to Contact Us. 

If you have questions about our privacy practices and this Privacy Policy, or if you wish to correct any of your information or exercise your rights under the law or this Policy, you can contact us as follows: 

By email: support@branchapp.com

By phone: 1 (866) 547-2413

By mail: 

Branch Messenger, Inc.

Attn: Legal

2261 Market Street STE 5936

San Francisco, CA 94114

Please be specific when telling us what your request is.