Privacy Policy

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Effective as of December 20, 2022

This Privacy Policy describes the privacy practices of Functional Finance, Inc. ("Functional FI," "we", “us” and "our") and how we handle personal information that we collect through our digital properties that link to this Privacy Policy, including our website (the “Site” and, collectively, the “Service”), as well as through social media, our marketing activities, our live events and other activities described in this Privacy Policy. This Privacy Policy also describes our practices for using, sharing, and protecting that information. Please read this Privacy Policy to ensure you are fully informed. Your use of this Site or Services constitutes your acceptance of and agreement to this Privacy Policy.

This Privacy Policy does not apply to information that we process on behalf of our business customers while providing the Functional FI platform to them. Our use of this information is restricted by our agreements with those business customers. If you have concerns regarding personal information that we process on behalf of a business, please direct your concerns to that business.

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Personal information we collect

Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

Contact data, such as your first and last name, salutation, email address, billing and mailing addresses, professional title and company name, and phone number.
Demographic Information, such as your city, state, country of residence, postal code, and age.
Profile data, such as the username and password that you may set to establish an online account with us, preferences, and any other information that you add to your account profile.
Communications that we exchange with you, including when you contact us with questions or feedback, through the Service, social media, or otherwise.
Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.
Financial and Payment information needed to complete transactions, including payment card information or bank account number.
Professional or employment-related information if you submit your resume or other information relating to employment or potential employment.
Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources where you have provided consent or as otherwise legally permitted or required under applicable law, such as:

Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.
Data providers, such as information services and data licensors that provide demographic and other information.
Marketing partners, such as joint marketing partners and event co-sponsors.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our marketing emails or clicked links within them.

Cookies and similar technologies. Like many online services, we use the following technologies:

Cookies, which are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating analytics and online advertising.
Local storage technologies, like HTML5 and Flash, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
Website analytics or tracking technologies, such as Google Analytics, to collect personally identifiable information about your activities over time and across different websites, which may be shared with and used by us, by others acting on our behalf, or by third parties subject to their own privacy policies. Information collected by tracking technologies may be used on our Service or on other websites or services, including those that may not be operated by us.

Data about others. Users of the Service may have the opportunity to refer friends or other contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so.

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery. We may use your personal information to:

provide, operate and improve the Service and our business;
establish and maintain your user profile on the Service;
enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in;
communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;
understand your needs and interests, and personalize your experience with the Service and our communications; and
provide support for the Service, and respond to your requests, questions and feedback.

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. As part of these activities, we may create aggregated or other non-personally identifiable data from personal information we collect to build predictive models that use anonymized data to improve the Service as well as future targeted promotions and advertising.

‍Direct marketing. We may send you Functional FI-related or other direct marketing communications as permitted by law. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.

‍Compliance and protection. We may use your personal information to:

comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements or our internal policies;
enforce the terms and conditions that govern the Service; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

How we share your personal information

You understand that if you use our Site or Services, your personal data is also processed by third parties that process your data on our behalf in order to provide you our tools and services and to improve them. For example, we rely on third parties for certain activities, such as payments, storage of data, and website analytics. Moreover, we rely on third parties to follow certain of your actions on our Site in order to better understand how Functional FI is used. Parties with whom we may share personal information are contractually required to use and disclose such information only for the permitted purposes set forth in the contract in accordance with this Privacy Policy as well as use reasonable security measures to protect personal data from unauthorized access and use.

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection:

Affiliates. Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.
Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, and website analytics).
Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors.
Business and marketing partners. Third parties with whom we collaborate on joint activities, with whom we have entered into joint marketing relationships or other joint ventures, or who we think may offer you products or services that you may enjoy.
Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
Business transferees. Acquirers and other relevant participants in business transactions (or negotiations and diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Functional FI or our affiliates (including, in connection with a bankruptcy or similar proceedings).

We may share information, including personal information, to third parties under the following circumstances:

We have your permission to make the disclosure;
The disclosure is necessary for the purpose for which the personal information was obtained;
The disclosure is permitted by relevant law;
The personal information to be disclosed is otherwise publicly available in accordance with applicable law;
The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
The disclosure is for our own marketing purposes, or, with your authorization, for the marketing purposes of third parties;
The disclosure is to outside businesses to perform certain services for us, such as maintaining our Services or assisting us in the provision of Services, providing marketing assistance, and data analysis including service providers outside the country or jurisdiction in which you reside.

Your choices

You have the following choices with respect to your personal information.

Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account. For certain information that cannot be updated in your account, you may correct inaccurate information by emailing us as at hello@functionalfi.com.
Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.
Cookies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information under our control. While Functional FI protects your personal data, the confidentiality and security of any communication or material transmitted to or from the Site cannot be guaranteed to be 100% secure at any time. Any transmission of your information is at your own risk. We strongly encourage all users to be careful and responsible about what you choose to provide online.

If you have any reason to believe that your interaction with Functional FI through this Site is no longer secure, please immediately notify us using the Contact Us section below.

International data transfer

We are headquartered in the United States and may use service providers that operate and process data both in the United States and in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Children

The Service is not intended for use by children under 13 years of age. If we learn that we have collected personal information through the Service from a child under 13 without the consent of the child’s parent or guardian as required by law, we will immediately delete that information from our records and files. We encourage parents or guardians with concerns to contact us.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Service. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

California Privacy Practices

If you are a California resident, please see the California Residents’ Privacy Rights section for more information about our privacy practices and your rights under California law below.

California Residents' Privacy Rights
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This section is applicable to residents of California. If you are a resident of California, you have certain rights described below. The following do not apply to individuals who do not live in California on a permanent basis.

• RIGHTS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83

A California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California Customers may request further information about our compliance with this law by mailing us at 548 Market Street PMB 68044, San Francisco, CA 94104 or emailing us at hello@functionalfi.com. Please note that we are only required to respond to two requests per California Customer each year under Code Section 1798.83.

• RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT

This section of our Privacy Policy provides California residents with a comprehensive description of Functional FI's online and offline practices regarding the collection, use, disclosure, and sale of personal information and the rights of California consumers regarding their personal information under the California Consumer Privacy Act (“CCPA”). This section applies to all California residents (but not including legal entities, such as companies). The section will not apply, however, if Functional FI does not collect any personal information about you or if all of the information we collect is exempt from the statute (for example, the CCPA does not protect information that is already protected by certain other privacy laws, and it does not protect information that is already publicly available). “Personal Information,” for purposes of this section regarding the rights of California residents, does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.

‍Your Privacy Rights.

Our processing of personal information is governed by the contracts that we have in place with our clients, not this Privacy Policy. Any questions or requests relating to personal information should be directed to our client. In accordance with applicable law, you may have the right to:

Access Personal Information about you, including: (i) confirming whether we are processing your Personal Information; and (ii) obtaining access to or a copy of your information;
Request Correction of your Personal Information where it is inaccurate, incomplete or outdated. In some cases, you may be able to correct or update your Personal Information by logging into your account;
Request Deletion of your Personal Information when processing is based on your consent or when processing is unnecessary, excessive or noncompliant;
Request Restriction of or Object to our processing of your Personal Information when processing is noncompliant;
Withdraw your Consent to our processing of your Personal Information. If you refrain from providing your information or withdraw your consent to processing, some features of our services may not be available;
Request data portability and receive an electronic copy of Personal Information that you have provided to us;
Be informed about third parties with which your Personal Information has been shared; and
Right to non-discrimination for exercising your rights. We will not discriminate against any California consumer because such person exercised any of the consumer's rights under CCPA, including, but not limited to: denying goods or services; charging different prices or rates for goods and services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; or suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

In the abundance of caution, we offer a Do Not Sell opt-out for our digital advertising, however we do not render decisions exclusively based on automated processing that could affect data subject rights.

‍Authorized Agents

‍If you would like, you may designate an authorized agent to make a request under the CCPA on your behalf. We will deny requests from agents that do not submit proof of authorization from you. To verify that an authorized agent has authority to act for you, we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us.

General Data Protection Regulations (“GDPR”)
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In the event that we collect Personal Data (as defined in the GDPR) that is subject to the GDPR, this section will apply. Terms in this section are to be understood in a manner consistent with GDPR including the definitions of such terms in the GDPR. Such terms may have a different definition or meaning in other portions of this Privacy Policy because GDPR may not apply to those sections.

Identification of Data Controller:

The Data Controller is Moov. You may contact the Moov Customer Relations Department as set forth in the Contact Us Section above.

Identification of Primary Member State Supervisory/Data Protection Authority:
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You have the right to lodge a complaint regarding the processing of your Personal Data with us by contacting our Data Protection Officer at legal@ Moov.io You also may lodge a complaint with the Data Protection Authorities in the Member State where you habitually reside, work, or where an infringement occurred.

Processing Purposes and Legal Bases:
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Moov processes your Personal Data for the lawful purposes, and under the legal bases, set forth above.

Onward Transfer:
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Moov will not disclose Personal Data to a third party except as stated below:
We may disclose Personal Data to subcontractors and third-party agents. Before disclosing Personal Data to a subcontractor or third-party agent, we will obtain assurances by contractual agreement from the recipient that it will: (i) transfer such data only for limited and specified purposes; (ii) ascertain that the subcontractor or third-party agent is obligated to provide at least the same level of privacy protection as is required by the GDPR; (iii) take reasonable and appropriate steps to ensure that subcontractors and third-party agents effectively process the personal information transferred in a manner consistent with the organization's obligations under the GDPR; (iv) require subcontractors and third-party agents to notify the organization if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the GDPR; (v) upon notice, including under (iv), take reasonable and appropriate steps to stop and remediate unauthorized processing; and (vi) provide a summary or a representative copy of the relevant privacy provisions of its contract with subcontractors and third-party agents to the Supervisory Authorities upon request.
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Moov also may be required to disclose, and may disclose, Personal Data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements, or in the event of a merger or acquisition.
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Retention of Personal Data:
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Personal Data obtained by Moov is adequate, relevant and not excessive in relation to the purposes described in this Privacy Policy. The Personal Data is processed for purposes specified herein and will only be processed consistent with the purposes described herein. We will request only the minimum amount of information required to perform the applicable Services and will retain such information only for as long as necessary to provide the Services or for compatible purposes, such as to provide additional Services, to comply with legal requirements, or to preserve or defend our legal rights.
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Right of Access to your Personal Data:
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Data Subjects have the right to access the Personal Data an organization holds about them. If such Personal Data is inaccurate or processed in violation of the GDPR, a Data Subject also may request that Personal Data be corrected, amended, or deleted. When we receive Personal Data, we do so on behalf of the individual submitting such Personal Data. To request access to, or correction, amendment or deletion of, Personal Data, Data Subjects should contact our Data Protection Officer. We will cooperate with all reasonable requests to assist Data Subjects to exercise their rights under the GDPR.
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Choice:

Data Subjects have the right to opt out of (a) disclosures of their Personal Data to third parties not identified at the time of collection or subsequently authorized, and (b) uses of Personal Data for purposes materially different from those disclosed at the time of collection or subsequently authorized. Data Subjects who wish to limit the use or disclosure of their Personal Data should submit that request to our Data Protection Officer. We will cooperate with Data Subjects' instructions regarding Data Subjects' choices.

Security:

See “Confidentiality and Security” below for more information about our security practices.

Transfers to the United States from the European Union:
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In using the Services, your Personal Data will be transferred to the United States, which is not recognized as a country having adequate safeguards for the protection of Personal Data. Moov relies on Article 49 of the GDPR for transfers of data collected from Data Subjects in the EU and EEA. Transfers are made to Functional FI only if the Data Subject has explicitly consented to the proposed transfer after having been informed of the possible risks of such transfers. Additionally, we transfer data as necessary for the performance of a contract between you as the Data Subject and Moov as the Controller, to data processors who have an agreement with us that includes protecting your privacy and the security of your data, and in cases where your Personal Data is necessary for the implementation of pre-contractual measures taken in accordance with your requests.

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How to contact us

Email: hello@functionalfi.com
Mail: Functional Finance Technologies, LLC, 548 Market Street PMB 68044, San Francisco, CA 94104-5401

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