Earnifi Earned Wage Access And Subscription Services Agreement
This Website Privacy Policy (the “Privacy Policy”) describes our privacy practices with respect to your use of this website (the “Website”).
As used in this Privacy Policy, the terms “us,” “our,” and “we,” shall mean D5 Cash (d/b/a Earnifi), and each of our owners, officers, employees, agents, service providers, and affiliates. The terms “you,” and “your,” shall refer to each natural person that uses this website or regarding whom we receive any information in connection with this Website. The Website means the information and functionality that we provide at earnifi.com, any subdomains thereof, and through any mobile or other software applications that we may make available to you. Capitalized terms that are not defined in this Privacy Policy are defined in the Terms and Conditions.
The Website is intended for use only by residents of the United States who are at least of the age of majority in their state of residence. Children under the age of 13 may not access or use the Website.
In addition to this Privacy Policy, your use of the Website is subject to each of the following: the Website Terms of Use, our Consent to Use Electronic Records and Signatures and Communications Authorization, and any applicable agreements or terms that may apply to any of the services that we may provide to you (together, the “Additional Agreements”). If there is any conflict between this Privacy Policy and any of the Additional Agreements, the terms of such Additional Agreement shall control.
You acknowledge and agree that you have read, understood, and agree to be bound by this Privacy Policy and each of the Additional Agreements. You hereby expressly agree to the terms and conditions of this Privacy Policy and of each of the Additional Agreements. You acknowledge and agree that this Privacy Policy will govern all matters relating to or arising out of any of the Privacy Policy and the Website.
1. What Information Do We Collect About You?
When you use our site, we will collect the following information about you and your use of the Website:
Information about your device (as described in the “Cookies, Tracking Technologies, and Browser Do Not Track Settings” section, below);
Location information;
Content of and information provided through customer support communications (e.g., customer and technical support calls, emails, text messages, or chats, to the extent that we make such communication methods available for such purposes); or
Your interactions with the Website (including pages and content viewed, links that you may have clicked on, the display of any ‘mouseover’ or help text), and we may monitor and record the entirety of your online sessions and interactions with our websites).
If you maintain an Online Account, apply for or obtain a loan from us, or otherwise request or obtain any of our Services via the Website, we may also collect additional information about you, such as:
Your name;
Your username;
Your password;
Your email address;
Your telephone number;
Your mailing address;
Your country of residence;
Your social security number; or
Information about that you have or may authorize us to obtain on an ongoing basis, which may include, but shall not be limited to, information contained in your credit report and information about your financial accounts at other financial institutions, including transaction history, account status, current or past balances, and bank and other fees assessed or paid.
When you use our mobile application, we may also collect the following information:
Your device ID (IMEI Number);
Your mobile telephone number; and
Device type (manufacturer, model, operating system, etc.).
We may also infer certain information about you based on the information we collect from you, including by combining information we receive from or about you with other information that we may obtain from third parties, to the extent permitted by applicable law. For example, if you provide to us, or allow us to obtain, your financial account transaction history, a review of the goods or services you have purchased with that account may enable us to infer certain information about your appearance, age, employment, or home ownership.
Our emails to you may include certain technologies such as “pixels” or web beacons that allows us to determine if you received or opened our email or clicked on a link contained in such emails.
2. Third Party Service Providers
You may be required to provide information to various third-parties in order to obtain certain of our Services. To the extent that you choose to use any services provided by third-party in connection with any of our Services, your use of such third-party services will be subject to the terms of use, privacy policy, and any other applicable legal agreements between you and such third-party. We make no representations or warranties as to any of the third-party service providers, the terms of their relationship with you, or their use of any information that they may come to have about you or our Services.
3. How We Use Information About You
We will use information that we collect about you only for the following purposes, and for no other purposes:
- To provide our Services to you in accordance with the applicable legal agreement(s) between you and us governing such Service(s);
- To maintain and improve the Website and our Services;
- With your consent;
- To detect and prevent fraud or abuse in connection with our Services; and
- To comply with applicable law.
4. Disclosure of Information About You to Third Parties
To the extent not prohibited by applicable law, we may also disclose information about you to third parties as follows:
- TTo provide our Services to you;
- With your permission or at your request;
- To detect and prevent fraudulent or illegal activity;
- As we reasonably believe necessary to prevent or mitigate potential physical or other harm to us, our employees, agents, or the general public;
- In connection with a proposed or actual sale or transfer of some or all of our business;
- In connection with a proposed corporate change or dissolution, including a merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets or wind down of business; or
- If we reasonably believe that such disclosure is required or permitted by applicable law.
We may also disclose or publish aggregate information that doesn’t specifically identify you, such as general statistical information about our customers’ demographics and finances, and their online purchase and return behaviors. We will take commercially reasonable precautions and comply with all applicable laws to ensure that any such aggregated information cannot be attributed to you or to another person, either by itself or in combination with other generally available information.
5. Information Security
We take commercially reasonable precautions to ensure that we maintain the security of all information that we may have about you, including by storing and transmitting your data using industry-standard encryption protocols; maintaining physical and administrative safeguards to ensure that your information is accessible only to authorized personnel; and requiring any third-parties who may have access to your information to agree to abide by their legal obligations, this Privacy Policy, and to contractual obligations to maintain the privacy and security of any of your information that we may share with them.
We cannot guarantee that any information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from unauthorized access or use (e.g., by hackers). You use the Website and our Services, and send us information, at your own risk.
If you create an Online Account, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any activity in connection with the Website, your Online Account, or any of our Services, and for any disclosure of your information, that occurs using your account credentials, whether or not you authorized such activity. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
6. Cookies, Tracking Technologies, and Browser Do Not Track Settings
We, and/or our service providers or partners on our behalf, may use tracking technologies which may run on your device when you use the Website or any of our Services. The circumstances in which we may deploy tracking technologies include:
- We may place ‘cookies,’ scripts, and/or various other technologies to place data on the electronic device(s) that you use to access the Website and our Services and to track certain data about you and your device. Information that we may store or track may include: originating IP address, browser type, browser language, how a user got to the Website (i.e., the URL of the last website you visited), the next website you visit when leaving the Website, user visits, what pages are visited, the length of each site visit, and the date and time of the user’s visit.
- Most browsers have settings allowing users to be notified if cookies or other such technologies are being used or to prevent such use. If you choose to limit our ability to use such technologies, the Website and or our Services may not function as intended.
Some web browsers may transmit “do-not-track” (“DNT”) signals when transmitting or receiving information from to or from our website. Our privacy and tracking practices as described in this Privacy Policy will not change even if your browser transmits a DNT signal to us.
7. No Obligation To Provide Personal Information
You have no obligation at any time to provide your information to us or to authorize us to obtain any information about you from any third party. However, we may be unable to provide our Services to you if you choose not to provide us with any information that we request or if your authorization is required to obtain such information from a third-party and you do not provide us with such authorization.
8. Changes to this Privacy Policy
We may change this Privacy Policy from time to time by posting an updated version of this Privacy Policy on the Website. If we do so, we will update the effective date listed at the top of the Privacy Policy to reflect the most recent date that the Privacy Policy was updated, and such change will become effective as of that date. If any changes to the Privacy Policy require that you provide with notice or that we obtain your consent, we will provide you with such notice or obtain such consent prior to applying the relevant change to your information. We encourage you to periodically check the Privacy Policy to see if any changes were made.
9. Data Retention
We will retain your information for as long as we reasonably believe it is necessary or appropriate for us to do so, subject to the requirements of any applicable law.
10. Contact Us
If you have any questions or comments regarding our privacy practices, you may contact us at: support@earnifi.com
11. Miscellaneous
- Disclaimer of Representations, Warranties, and Limitations of Liability.
- The Website and our Services are provided as-is. To the fullest extent permitted by any applicable law, we do not make any express or implied guarantees, representations, or warranties to you or to any third parties in connection with any of the Services. To the fullest extent permitted by any applicable law, we hereby expressly disclaim all representations or warranties of any kind, express or implied, as to the Website and our Services. We expressly disclaim all guarantees, warranties, conditions, and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and title or non-infringement. In no event shall we or any of our owners, officers, employees, agents, service providers, or affiliates (the “Parties”) be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on, our Services, this website (including information and other content) or any third party websites or the information, resources or material accessed through any such websites.
To the fullest extent permitted by applicable law, you hereby knowingly and voluntarily waive any and all rights, claims, damages, or actions, including for any attorneys’ fees, against each of the Parties that may arise from the Website and any of our Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such states liability is limited to the extent permitted by law. Accordingly, some of the above limitations of this section may not apply to you.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless each of the Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to:
- your access to, use of, or alleged use of the Website;
- your violation of this Privacy Policy or any of the Additional Agreements or any representation, warranty, or agreements referenced herein or therein, or any applicable law or regulation;
- your violation of any third party right, including any intellectual property right, publicity, confidentiality, property or privacy right; or
- any disputes or issues between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without our prior written consent if such settlement does not release us from all present or future, and known or unknown, liabilities that each of the parties thereto has or could come to have in the future with respect to any of the Services.
- Telephone and Screen Recording. You understand and agree that we may monitor and/or record your telephone conversations with us. You understand and agree that we may monitor and/or record your interactions with the Website.
- Governing Law. The validity, interpretation, construction, and performance of this Privacy Policy, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto and thereto shall be governed, construed, and interpreted in accordance with the laws of the State of New York, without giving effect to principles of conflicts of law.
- Entire Agreement. This Privacy Policy, together with the Additional Agreements, if any, set forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings, and agreements, whether oral or written, between you and us relating to the subject matter hereof.
- Successors And Assigns. Except as otherwise provided in this Privacy Policy or any of the Additional Agreements, the rights and obligations of the parties hereunder, will be binding upon and inure to the benefit of their respective permitted successors, assigns, heirs, executors, administrators, and legal representatives. We may sell, assign, or otherwise transfer any of our rights, economic benefits, or obligations under this Privacy Policy. You may not assign, whether voluntarily or by operation of law, any of your rights, economic benefits, or obligations under this Privacy Policy, except with our prior written consent.
- Severability. If one or more provisions of this Privacy Policy are held to be unenforceable under applicable law, then (i) such provision(s) shall be excluded from this Privacy Policy, (ii) the remaining portions of the Privacy Policy shall be interpreted as if such provision(s) were so excluded, and (iii) the remaining portions of this Privacy Policy shall be enforceable in accordance with their terms.