Tendy, Inc. Privacy Policy

Effective Date: December 1, 2023

Please read this Privacy Policy (the “Policy”), as it will help you understand what information we collect, how we use it, and what choices you have regarding your information. This Policy has been updated to reflect changes in privacy law, including the General Data Protection Regulation ("GDPR").

In this Policy, the terms “Administrator,” “we”, “us” or “our” shall refer to the Tendy Pay pilot program, operated by Tendy, Inc. The terms “you”, “your”, or “User” shall refer to any individual or entity who accepts this Policy.

We may, in our sole and absolute discretion, change or modify this Policy, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Website. No revision or update will apply to a dispute which we had actual notice of on the date we posted the changes or modifications. We will notify you of such changes or modifications by posting them to the Website https://www.tendy.cash/privacy, and your use of the Services after such changes or modifications have been posted (as indicated by a “Last Revised” date) shall constitute your acceptance of the Policy as last revised. If you do not agree to the Policy as last revised, do not use (or continue to use) the Services.

Applicability and Scope of this Policy

We provide this Policy to inform you of our policies and procedures regarding the collection, use, and disclosure of information we receive from users of our website (the "Website") and services, including but not limited to our platform, products, and Tendy Pay accounts (individually and collectively, the “Services”).

The Services may be provided to you pursuant to additional terms and conditions. For example, you may have a Master Services Agreement for software services, or a Tendy Pay Account to receive Services, which are subject to further Terms of Service. Capitalized terms not defined in this Policy shall have the meaning ascribed to them in such additional agreements.

This Policy applies only to information including the collection, use, and disclosure of information we receive through the Services. This Policy does not apply to information you provide to any third party service provider(s) related to or whose services are incorporated into or provided, by the Services (“Third Parties”); information you provide to Third Parties shall be controlled by their respective privacy policies.

A. INFORMATION COLLECTION.

We may collect and receive information in a variety of ways, which will be outlined in this section. While not all of the information outlined in this section is necessary to use our Services, if you opt out of sharing some of this information, this may affect your ability to use your account or other services offered by us.

We may collect the following types of information:

• User Data. Users receiving Services via a Tendy Pay Account, or via Users accessing the Platform, routinely submit data to us for receipt of the Services. This User Data may include your name or aliases, physical address, phone number, email address, date of birth, gender, social security number or other tax identification number, photo identification, or any other information you choose to provide in using the Services.
• Other Information. we also collects various types of data from Users, such as:
  • Business Identity Information: entity legal name or aliases / “doing business as” names, physical address, phone number, entity type, industry, organizational documents (e.g. articles of incorporation), employer identification number, or other information relating to your authorized signors or beneficial owners.
  • Tendy Pay Account information: To create an account, you supply Tendy Pay with information including name, email address, phone number, and password.
  • Support Information: If you provide information to customer support, Platform or Bank, we may collect this information in order to provide services requested by you.
  • Bank Account Information: Account and routing details and your username, passwords, and any security questions and answers associated with your linked Bank Account(s).
  • Transaction Information: As you use your Deposit Account to send or receive funds through the Platform’s or Tendy Pay’s website or application, we collect nonpublic personal information in connection with each transaction, including transaction time, transaction amount and currency, and details relating to the sender or receiver of funds. We may also collect receipts, contracts, photos, memos or other information relating to your transactions.
  • Digital Identity Information:
    • Services Metadata – when a User interacts with the Services, metadata is generated that provides additional context about the way Users interact with the Services.
    • Log Data – our servers may automatically collect information about your visit to the Website, including IP addresses, the address of the website visited before using the Website, browser type and settings, the date and time the Services were accessed and used, information about browser configuration and plugins, language preferences, and cookie data.
    • Device Information – your device “fingerprint” (e.g. hardware model, operating system and version, unique device identifiers and mobile network information).
    • Location Information – we may receive information from you that helps approximate your location, such as using an IP address received from your browser to determine an approximate location. Further, we may also collect location information from devices in accordance with the consent process provided by your device.
• Cookies + Our Website: If you visit our website, we use various technologies to collect information on our Services and other websites, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your computer or phone or in your device’s memory that help us improve our services and your experience, see which areas and features of our services are popular and count visits. While most web browsers are set to accept cookies by default, if you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Website or other services. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.
• Information collected from other sources

B. INFORMATION USE

Information Use by Tendy Pay

Tendy Pay uses User Data and Other Information to provide you Services in accord with your instructions, including any applicable terms in the Terms of Services or Master Services Agreement, and as required by applicable law. Tendy Pay is a processor of User Data and some Other Information, and you are the controller. For example, you may use the Services, including your User Data and Other Information, to grant access to a Tendy Pay Account or facilitate financial transactions, and further, you may configure settings, access, modify, export, share, and remove, User Data and some Other Information in connection with your use of the Services.

Tendy Pay uses User Data and Other Information in furtherance of our legitimate interest in operating our Services, Website and business. We may use your User Data and Other Information, including Personal Data, to:

• Provide, maintain and improve Services, including Deposit Account services, and other Services we offer you with in connection with the Platform and Bank;
• Provide and deliver the products and Services you request, process transactions and send you related information, including confirmations;
• Verify your identity and prevent fraud;
• Facilitate communicate between the Platform, Bank, and others (as applicable) in order to provide Services to you;
• Send you technical notices, updates, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Monitor and analyze trends, usage and activities in connection with our Services;
• Personalize and improve the Services based on your usage;
• Link or combine with information we get from others to help understand your needs and provide you with better service;
• As required by applicable law, legal process, or regulation; and
• Carry out any other purpose for which the information was collected.

Sharing of information

Tendy Pay takes your privacy seriously. Tendy Pay does not share your Personal Data with third parties unless necessary to provide Services to you. We do not sell your Personal Data to third parties for marketing purposes. Tendy Pay may disclose any User Data or Other Information we collect about current and former customers, including Personal Data, to affiliates and non-affiliated third parties as follows:

• To financial service providers, including the Bank identified in your Deposit Agreement that provides banking services in connection with your Deposit Account;
• To non-financial companies, such as identity verification service providers and fraud prevention service providers that use the User Data and Other Information, which may include Personal Data, to provide services to Tendy Pay and other companies;
• To a non-affiliated third-party to access and transmit your Personal Data and financial information from your linked Bank Account(s). You grant such third-party the right, power, and authority to access and transmit this information according to terms of their privacy policy maintained on their platforms or websites; and
• With other nonaffiliated companies for our everyday business purposes, such as to process transactions, maintain accounts, respond to court orders and legal investigations or report to credit bureaus. For example, in connection with our everyday business purposes, we may share information about you as follows:
  • In response to a request for information, if we are required by, or we believe disclosure is in accordance with, any applicable law, regulation or legal process;
  • With relevant law enforcement officials or other third parties, such as investigators or auditors, if we believe it is appropriate to investigate fraud;
  • If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property, and safety of Tendy Pay or others;
  • In connection with, or during negotiations of, any merger, sale of Tendy Pay’s assets, financing or acquisition of all or a portion of our business to another company; and
  • With your consent or at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide such information.

C. SECURITY

Tendy Pay takes commercially reasonable measures to help protect your User Data and other information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Additionally, we implement policies designed to protect the confidentiality and security of your nonpublic personal information. Except as detailed herein, Tendy Pay limits access to your Personal Data to employees that have a business reason to know such information, and further implements security practices and procedures designed to protect the confidentiality and security of such information and prohibit unlawful disclosure of such information in accordance with its policies.

D. CHOICE AND CONTROL OVER DATA

Choice

Users have the ability to review, update, correct, or delete all or some of User Data and Other Information in their Tendy Pay Account by contacting us, or by going to the Profile page of the App -> Edit account info -> Delete My Account. If you completely delete all such information, then your Tendy Pay Account may become deactivated. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Control

Individuals that are European Union citizens, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to User Data and Other Information, as well as to seek to update, delete or correct such User Data or Other Information. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact the Administrator or Data Protection Officer (as identified below) for additional access and assistance.

To the extent that Tendy Pay's processing of your Personal Data is subject to the GDPR, Tendy Pay relies on its legitimate interests, described above, and your consent pursuant to the Terms of Services and Master Services Agreement to process your data.

Tendy Pay may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to our use of your Personal Data for this purpose at any time.

E. INTERNATIONAL DATA TRANSFERS

The Tendy Pay pilot program is only available within the United States and to US citizens; any signup by non-citizens of the United States or international transmission of user data is prohibited.