Effective date: June 3, 2023
This Privacy Notice applies to all Finmark Financial, Inc. (along with its affiliates, successors, and assigns, “Finmark” ”) websites, applications, promotions, products and services (“the Service”), including all those that link to this Privacy Notice, and describes how Finmark collects, uses, shares, transfers, stores, retains, or otherwise processes your personal information. This Privacy Notice also applies to any surveys, rewards, promotions, sweepstakes, contests, referrals, or other marketing activities conducted by Finmark or in connection with the Service (collectively “Finmark Marketing”). This Privacy Notice does not apply to any third party website or service that Finmark does not own or control. Capitalized terms not defined in this Privacy Notice have the meanings given to them in Finmark’s Terms of Service. Please review this Privacy Notice carefully.
If You are a resident of California, you are entitled to certain notices and disclosures regarding our collection and use of your personal information at or before the time of collection. You may review the disclosures that are required by a California Notice at Collection here.
Finmark will share your information only as described in this Privacy Notice, or as permitted by law. Finmark will not sell, lease, rent, or trade your personal information to any third party for that party’s marketing or promotional purposes, unless you give your consent.
By continuing to use the Service or participating in Finmark Marketing after being provided with this Privacy Notice, you consent to Finmark’s policies and practices as described herein.
This Privacy Notice explains:
- Information we collect and the sources from which we collect it
- How we use the information we collect
- How we share the information we collect
- How long we retain information
- How to cancel or make changes to your Finmark account
- Cookies and third party technologies
- Your choices and privacy rights
- How we protect the security of your personal information
- International transfers
- Information for children under the age of 18
- Updates to this Privacy Notice
- How to contact us
- US State Supplemental Privacy Notice to Residents of California, Colorado, Connecticut, Virginia, and Utah
Information we collect and the sources from which we collect it
Finmark collects information about you from:
- your use of the Service or your participation in Finmark Marketing; and
- third parties.
Information We Collect From You
Account information. When you sign up for a Finmark account or register as a Finmark User, we collect contact and identifying information about you, including but not limited to: your name, address, phone number, email, and organization information, including company name and address, phone number and business email address. We require you to choose a strong password, and may require you to provide device information to receive multi-factor authentication. We collect information from you when you use the Service, contact us for support, or provide us with feedback on the Service. As new products, services, and features are offered on the Finmark platform, we may collect new and different types of information from you when you use the Service or contact Finmark in connection with your account.
Payment information. When you use the Service, we use third-party services, such as Stripe, to process your Service fee payments. These third-party services will collect information from you to process a payment on behalf of Finmark, including your name, email address, mailing address, payment card information, bank account information, and other billing information. Finmark does not receive or store your payment information, but it may receive and store information associated with your payment information (e.g., the fact that you have paid)
Information about your Employees, Customers and Vendors. We may collect information from you about your employees,Customers and Vendors, including but not limited to name, and financial information, based on your use of the Service, such as when you sync the Service with your accounting and/or payroll vendors.
Feedback. We collect information that you choose to provide to us in connection with your feedback about Finmark or the Service, including through your use of the Service or your participation in Finmark Marketing.
Online forms. We collect the information that you provide to us through online forms, including but not limited to forms on our Website or social media forms, such as Finmark webinar sign-up forms or LinkedIn forms.
Finamark Marketing participant information. We collect the information that you provide voluntarily in connection with your participation in Finmark Marketing, including but not limited to engagement at event booths, sweepstakes, contests, promotions, surveys, and referrals.
Other. When you use the Service or otherwise engage with Finmark, even if you do not establish or use a Finmark account, we may collect information about you, such as name, email address, phone, and mailing address. We may also collect information from you when you visit our Website.
Information We Collect From Your Use of the Service
Device information. We collect information about your device when you install, access, or use the Service on that device. The device information that we collect may include IP address, hardware model, operating system information, and browser information, and mobile network. Your device may also allow us to collect and use information received through device-based settings, such as access to your camera, or photos, based on your settings.
Geolocation information. When you use the Service, we collect the location of the device that you are using to access Finmark.
How you interact with the Services. We collect information about how you access and use the Service, including but not limited to: your IP address; the domain name of the Internet Service Provider you use; and the date(s) and time(s) you access the Service; the pages you access and view; any term(s) you search; and the individual address of the device that you use to interact with the Service.
Information from third parties you choose to interact with through Finmark. We collect information about you from third parties with whom you interact through the Service, including but not limited to our vendors or your Vendors. We may also collect information about you from third party services that are supported by, or sync or integrate with the Service, including but not limited to third-party data entry services or accounting and payroll software providers.
Information We Collect about You from Third Parties
Identify verification. We collect information about you as required and permitted by law, including but not limited to for purposes of verifying your identity and/or complying with anti-money laundering and anti-terrorism financing laws, “know your customer” regulations, and OFAC sanctions requirements.
Compliance and fraud. We collect information about you for purposes of fraud detection and prevention, in connection with certain types of investigations, or as otherwise permitted by law to ensure the safety and security of the Service.
Address and organization information. We collect information about you or your Organization from commercially available sources to ensure your account information, for example your address, is accurate and up-to-date.
Marketing. We collect information about current and prospective users of the Service from third party services, including but not limited to lead generation services and providers of customer and lead data, as well as enriched data about visitors to our Website, all as permitted by law.
How We Use the Information We Collect
We use the information that we collect for purposes of:
- providing or facilitating the Service,
- improving the Service,
- maintaining the security of the Service and our network,
- marketing our products and services and other products and services offered through the Finmark platform (unless you choose to opt out), and
- as required or permitted by law.
To Provide or Facilitate the Service
Registering your account. When you create a Finmark account or enroll as a Finmark account User, we use the information that we collect about you, including any identifying information or financial information, for purposes related to the review, establishment, provision, administration, maintenance and monitoring of your Finmark account or your use of the Service. We also use this information to verify your identity and your eligibility to use the Service, and to comply with applicable law.
Providing or facilitating the Service. We use the information that we collect about you, together with information that you provide about your Customers and Vendors and the content that you upload to the Service, to provide and facilitate the Services in accordance with your instructions and Finmark account settings and elections.
Providing customer service and technical support. We use your information, including your name, phone number, email address, account number, geolocation, and device information, to process and respond to your requests or inquiries, and to provide you with customer service, technical support, or software updates.
Communicating with you. We will use your information to contact you about the Service or your Finmark account, and to provide you with security, technical, support and administrative messages.
To Improve the Service
Improving and developing the Service. We may aggregate your information, with information from other Finmark users and use that data to improve the Service, to develop new products and services or features, and to enhance the quality of the Service. We use this information to provide you with a better experience, to administer the Service, to improve the quality and value of the Service, and to gather broad demographic information about how the Service is used.
To Maintain a Secure Environment
Protecting your account. We use the information we collect from you to prevent, detect, investigate, and report fraud or security incidents related to your use of the Service or your Finmark account. We use your information to investigate any error, unauthorized transaction, or other fraud or security incident that we discover or that you report to us.
Ensuring the reliability, safety and security of the Service. We use the information that we collect to comply with and enforce our Terms of Service and all laws and regulations applicable to the Service. We use the information that we collect to secure and protect the integrity of our network, prevent unauthorized access to the Service, help diagnose and troubleshoot potential hardware malfunctions, and otherwise secure the Service.
Marketing and Promotional Purposes
Marketing and advertising. We use the information that we collect about you to market the Service to you, and to communicate with you about products or features, or Finmark Marketing, that may be of interest to you. If we send you a marketing email, we will provide you with information on opting out of future marketing emails or communications from us. If you opt out, we can continue to send you informational communications relating to the use of the Service, such as transaction receipts or administrative messages about your Finmark account. We may also use information about you for our marketing purposes, including to identify other similar prospective customers who may be interested in the Service.
Referrals. If you refer another person to the Service, we will collect a name and email address for the referral. We will use this information to send an email invitation to use Finmark to the person you are referring. Finmark may retain the referral information, but solely for the purpose of tracking the success of our referral program.
Sweepstakes, contests, and other promotions. We may use the information that you voluntarily provide in connection with a sweepstakes, contest or other promotion (“Promotion”) sponsored by Finmark in accordance with the official rules for the Promotion.
As Required or Permitted by Law
We may use the information that we collect about you as required or permitted by law. Such uses include but are not limited to compliance with anti-money laundering and anti-terrorism financing laws, “know your customer” regulations, and OFAC sanctions requirements.
How we share the information that we collect
We share your information:
- within the Finmark corporate family,
- with third parties that you authorize,
- with our partners and service providers,
- as required or permitted by law, and
- with your consent.
Within the Finmark Corporate Family
We may share your information within our corporate family, including, but not limited to Bill.com, LLC, Bill.com, Canada LLC, DivvyPay, LLC, Invoice2go, LLC and any affiliates or subsidiaries of these companies or our parent company, Bill.com Holdings, Inc. (collectively, “BILL Group Companies”) for the purposes identified in the Finmark Privacy Notice. As the Services grow and expand, including into other countries, we may add to our corporate family.
With Third Parties That You Authorize
With other Users on your Finmark account. If you are the Administrator for a Finmark account, we will share your information with your Users in accordance with your account settings and preferences. If you are a Finmark User, the account Administrator can access your information and change certain of your settings, and Finmark may send information about your use of the Service to the Administrator.
With your authorized service providers. If you sign up or authorize your accountant, or another third party service provider or agent to use or access the Service on your behalf or to use your Finmark account, we will share your information with that authorized third party.
Fraud prevention. We may share information about changes to your Finmark account, such as changes to your address, with your account Administrator for purposes of fraud prevention and detection.
With Our Partners and Service Providers
With our partners and service providers. We may share your information with our third-party service providers and business partners as needed to provide, maintain, support, secure, and improve the Service. Services provided to Finmark by third-party providers include, but are not limited to, identity verification, payment processing, fraud prevention, database management, data storage, web analytics, and marketing services. Our third-party service providers have access to your information only for the purposes of performing specific tasks on our behalf in compliance with our Terms of Service and are obligated not to use or disclose your information for any other purpose or in any manner that is inconsistent with this Privacy Notice.
As Required or Permitted by Law
As required by law. We will share your information with third parties as required by law. Finmark cooperates with government, law enforcement, and private third party requests for information as we, in our sole discretion, determine is reasonably necessary to comply with any applicable law, regulation, government request or legal process, including but not limited to subpoenas.
As permitted by law. We may share your personal information as permitted by law, including, but not limited to, as we, in our sole discretion, believe necessary or appropriate to ensure the security and confidentiality of the Service, to prevent, detect or respond to fraud or security incidents, to respond to claims and legal process, to protect the property or rights of Finmark or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity.
In connection with business transactions or corporate changes. The information that we collect in connection with the Service is a business asset. As a result, we may share or transfer your information if we enter bankruptcy or are party to a business transaction, such as a merger, acquisition, reorganization, or asset sale.
With Your Consent
We may share your information at your direction or with your consent.
How long we retain information
Finmark will retain your information as necessary to provide you with the Service or administer your Finmark account, or as long as necessary to comply with legal obligations, resolve disputes, reserve legal rights, and enforce agreements.
How to cancel or make changes to your Finmark account
You can update, correct, or restrict processing of the information associated with your Finmark account at any time. You can make such changes through the Service, or you can request changes to your account information by contacting Finmark customer support through our customer support portal. You understand that if you restrict processing of the information associated with your Finmark account, you may lose access to certain features and functionalities of the Service. You may cancel your Finmark account at any time or by contacting Finmark Customer Support through our customer support portal.. See our Terms of Service for more information on canceling your Finmark account. After cancellation of your account, this Privacy Notice will continue to apply to any information collected about you by Finmark.
Cookies and third party technologies
Cookies are typically assigned to one of the following categories, depending on their function and intended purpose:
- Essential cookies enable you to navigate our Website and to use the Service. Without these cookies, our Website will not perform as smoothly for you as we would like, and we may not be able to provide certain core functions and features.
- Analytics cookies collect information about the use of our Website and application, and enable us to improve the way the Service works. For example, analytics cookies show us the most frequently visited pages and analyze site traffic. We use them to analyze broad trends and patterns of usage on our Website, rather than to monitor the usage of any particular individual.We use third-party service providers, including Google Analytics, to analyze the use of our Website. You can opt-out of the use of web analysis at any time either by downloading and installing a Browser Plugin offered by Google or by configuring your browser to delete and reject cookies.
- Social Media cookies collect information about your visits to our Website, but only when you are logged in to your social media account(s).
- Customer interaction cookies allow us to communicate with you, including for purposes of real-time communication through our chat feature.
- Marketing cookies track browsing habits and are used to deliver targeted (interest-based) advertising. You can opt out of receiving interest-based ads for web properties here (Digital Advertising Alliance’s WebChoices).
Your choices and privacy rights
Updating your account information. You can access, update, change, or correct your account information at any time by accessing your profile through the Service or by contacting Finmark Customer Support through our customer support portal.
Managing marketing communications from us. We will honor any request from you to opt out of receiving marketing communications, including emails.
- To opt out of receiving marketing emails from Finmark, click the “unsubscribe” link at the bottom of a Finmark marketing email.
Please note that, even if you choose not to receive marketing communications from Finmark, we can continue to send you informational communications related to your use of the Service or your Finmark account.
Device settings. The device that you use to interact with the Service may have setting options that can be enabled or disabled to allow the Finmark Service to access and use certain information and features on your device, such as your contacts, camera, or photos. You can adjust your device setting if you do not want Finmark or the Service to have access to this information or these features. You can also adjust your device or browser settings to block or provide notice of Cookies on your browser or mobile device. Please note, however, that disabling or limiting certain cookie settings on your device or browser may prevent you from interacting with some or all of the features of the Service, or may require you to do additional authentication.
If you sync or connect your Finmark account with third party services. When you sync your Finmark account with third-party services, such as payroll and accounting software services or choose to connect with social media sites, we will share your information with the third-party service provider.
Community forums. Finmark may offer blogs and publicly accessible community forums. You should be aware that any information you provide in these forums may be read, collected, and used by others who access them. To request removal of your information from a blog or community forum, contact Finmark Customer Support through our customer support portal.
Supplemental privacy notice. Residents of some states have additional privacy rights. Information on these rights are provided in the following supplemental privacy notice:
- US State Supplemental Privacy Notice to Residents of California, Colorado, Connecticut, Virginia, and Utah
How we protect the security of your information
Finmark is committed to protecting the security and privacy of your information. Finmark recognizes the importance and confidentiality of your information. We have implemented technical, administrative, and physical security measures designed to protect your information from unauthorized access, disclosure, use, and modification. Please be aware however that no security measures are perfect or impenetrable.
Your information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, we may transfer such information to the United States or other jurisdictions for processing. Your submission of such information represents your consent to that transfer.
Information for children under the age of 18
Persons under the age of 18 are not eligible to use, access or otherwise interact with Finmark or the Service. If we become aware that a person under the age of 18 has created an account with us or is otherwise using the Service, we will take steps to remove access, disable the account, and delete any information related to the child as soon as reasonably possible.
Updates to this Privacy Notice
This Privacy Notice may be updated periodically and will be posted on the Website, indicating when it was last updated. If there are material changes to our Privacy Notice, we will post a notice on our website and/or provide other notice as required by law. If you object to any changes to this Privacy Notice, you can cancel your account at any time.
How to contact us
If you have any questions or concerns about this Privacy Notice or about how Finmark collects, uses, or otherwise processes your information, you can reach Finmark Customer Support through our customer support portal or the Finmark Privacy Team at email@example.com or contact us at:
Attn: Privacy Officer
Finmark Financial, Inc.
6220 America Center Drive, Suite 100
San Jose, CA 95002