Last Updated: May 1, 2023
Purpose and Scope
How We Collect Information About You
When you visit the earnup.com website or use EarnUp Services, we collect information provided by you over the phone or sent to us by your computer, mobile phone or other access device. The information provided to us includes data on the pages you access, your computer IP address,
device identifiers, the type of operating system you’re using, your location, mobile network information, standard web log data and other information. Web log data includes the browser type you’re using and traffic to and from our site. When you visit the earnup.com website or use EarnUp Services, we also collect information about your transactions and your activities.
In addition, if you open an EarnUp Inc. account or use EarnUp Services, we may collect the following types of information:
Contact information, such as your name, address, phone, email and other similar information (“Contact Information”).
Financial information, such as the full bank account and routing numbers, that you link to your EarnUp account or give us when you use or enroll in EarnUp Services (“Financial Information”). Detailed personal information such as your date of birth or social security number (“Personal Identifying Information”).
We may also obtain information about you from third parties such as credit bureaus and identity verification services.
In order to help protect you from fraud and misuse of your personal information, we may collect information about your use and interaction with our website or EarnUp Services. For example, we may evaluate your computer, mobile phone, other access device, or transaction activity to identify any malicious software or activity.
We may also collect additional information from or about you in other ways, such as through contact with our customer support team or results when you respond to a survey.
When you access our website or use EarnUp Services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, pixel tags, “Flash cookies” or other local storage provided by your browser or associated applications
(“Cookies”). We use these technologies to: recognize you as a customer; customize EarnUp Services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites and EarnUp Services.
We use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you log out of your account or close your browser. Persistent Cookies remain on your device until you erase them or they expire.
We encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits, but doing so may interfere with your use of our website and EarnUp Services. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling Cookies.
How We Protect and Store Personal Information
Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:
● Provide EarnUp Services and customer support;
● Process transactions and send notices about your transactions;
● Have our transaction vendors (“Processors”) process transactions you have authorized through us as indicated in your enrollment agreement;
● Work with the entities you are paying (“Lenders”) to process your payments, and to support them in helping you stay on time with your payments;
● Resolve disputes, collect fees, and troubleshoot problems;
● Prevent potentially prohibited or illegal activities, and enforce any agreements you have with us;
● Measure, customize, improve, and market EarnUp services;
● Deliver targeted marketing, service update notices, and promotional offers;
● Verify ; and
● Verify your information with third parties as set forth below.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize EarnUp Services, content, and advertising. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference by contacting us via email or telephone, or by following the directions that may be provided within the communication or advertisement.
We may call or text message (SMS) you at a mobile phone number that you have provided to us. If you do not wish to be contacted on your mobile number please contact us to have your mobile number removed from your account.
How We Share Your Personal Information With Other Parties
To process your payments, we may share some of your personal information with our Processors. Your Contact Information, Financial Information, Loan Information, and Personal Identifying Information are provided to our Processors in order to conduct the transactions you authorized in your enrollment agreement with us. Unless you have agreed to it, these Processors are not allowed to use this information for any purpose other than to enable EarnUp Services. The information we share with our Processors is set forth in your enrollment agreement with us.
We will not disclose your Contact Information, Financial Information, Loan Information, or Personal Identifying Information to anyone, except with your express permission or if we are required to do so to comply with ACH transaction rules, a subpoena, or other legal process.
We May Share Your Personal Information With:
● Our Processors, as noted above, so that we may successfully carry out payment transactions in order to provide the EarnUp Services.
● The Lenders and organizations that have paid for you to receive our services (or otherwise referred you to us as part of their services).
● Service providers under contract who help with our business operations such as fraud prevention, bill collection, marketing and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
● Credit bureaus and collection agencies to report account information, as permitted by law. ● Companies that we plan to merge with or be acquired by.
● Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to EarnUp; when we need to do so to comply with law or credit card rules; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of your enrollment agreement.
● Other third parties with your consent or direction to do so.
● EarnUp will not sell or rent any of your personal information to third parties for their marketing purposes and only shares your personal information with third parties as described in this policy.
If you open an EarnUp account directly with a third party, any information that you enter on that website, application, or otherwise (and not directly with EarnUp) will be shared with the owner of the third party. These sites are governed by their own privacy policies and you are encouraged to review their privacy policies before providing them with personal information. EarnUp is not responsible for the content or information practices of such third parties.
How You Can Restrict EarnUp From Sharing Your Personal Information
EarnUp maintains your preferences for use and sharing of information, including how we contact you. Some federal and state laws allow you to restrict the sharing of your personal information in certain instances. EarnUp does not share your personal information with third parties for their marketing purposes unless you have given your explicit consent. If you do not want EarnUp to use your personal information with for the purpose of marketing products simply contact us via email or phone to indicate your preferences.
How You Can Access or Change Your Personal Information
You can review and edit your personal information at any time by contacting us via phone. You can also close your account by contacting us by phone. If you close your EarnUp account, we will mark your account in our database as “Canceled,” but may retain personal information from your account to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce our enrollment agreement, comply with regulatory requirements, or take other actions as required or permitted by law.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: EarnUp, Attention: Privacy Department, 2370 Market St., Suite 203, San Francisco, CA 94114.
To learn more about your California privacy rights, please see the attached Addendum or visit https://oag.ca.gov/privacy/privacy-laws.
How You Can Contact Us About Privacy Questions
If you have questions or concerns regarding this policy, you should contact us by writing to us at EarnUp, Attention: Privacy Department, 2370 Market St., Suite 203, San Francisco, CA 94114.
Privacy Notice for California Residents
Effective Date: January, 2020
Last Reviewed on: March, 2022
Information We Collect
Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”). In particular, our Website has collected the following categories of personal information from its consumers within the last twelve (12) months:
Category A: Identifiers
Examples: A real name, Internet Protocol address, email address, or other similar identifiers. Collected: YES
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Collected: YES, with your consent
Category C: Protected classification characteristics under California or federal law. Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Personal information does not include:
● Publicly available information from government records.
● De-identified or aggregated consumer information.
● Information excluded from the CCPA’s scope, like:
● health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
● personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Use of Personal Information
We may use, or disclose the personal information we collect for one or more of the following business purposes:
● To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
● To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
● To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
● As described to you when collecting your personal information or as otherwise set forth in the CCPA.
● We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, EarnUp has not disclosed personal information for a business purpose.
Sales of Personal Information
EarnUp does not, and in the preceding twelve (12) months, has not sold personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
● The categories of personal information we collected about you.
● The categories of sources for the personal information we collected about you.
● Our business or commercial purpose for collecting or selling that personal information. ● The categories of third parties with whom we share that personal information.
● The specific pieces of personal information we collected about you (also called a data portability request).
● If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
● sales, identifying the personal information categories that each category of recipient purchased; and
● disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions, by emailing us at [email protected]. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
● Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
● Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
● Debug products to identify and repair errors that impair existing intended functionality. ● Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
● Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
● Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
● Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
● Comply with a legal obligation.
● Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message to [email protected]. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
● Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
● Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
While EarnUp does not sell any personal information, you have the right, if you are 16 years of age or older, to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by sending us a message to [email protected].
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our Website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
● Deny you goods or services.
● Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
● Provide you a different level or quality of goods or services.
● Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will
reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an email to [email protected].