FCRA Policy

Effective date: 02/20/24‍‍

Introduction

The federal Fair Credit Reporting Act (FCRA) and subsequent laws and regulations promote the accuracy, fairness, and privacy of information in the files of consumer reporting agencies (see definition below). As a third party that provides information from the Internal Revenue Service to its clients (on behalf of their clients), Chart complies with all requirements of the Fair Credit Reporting Act that apply to its activities. As designated by the Fair Credit Reporting Act, both the Federal Trade Commission (FTC) and the Consumer Financial Protection Board have responsibility for overseeing and enforcing the provisions of the Act.

For the purposes of this and related policies, Chart will refer to its clients (frequently credit reporting agencies themselves) as “clients,” to the clients of its clients (frequently banks) as “users” (as the CFPB refers to them) and the data subjects (applicants for loans or jobs) as “consumers” (as the FCRA and the Federal Trade Commission refer to them).

Statement of Policy

The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and its implementing regulation (12 C.F.R. § 1022 et seq.) defines a “consumer reporting agency” as: “1) Any person, which, for monetary fees, dues, or on a cooperative nonprofit basis, 2) regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers 3) for the purpose of furnishing consumer reports to third parties, and 4) which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.”

And the FCRA defines a “consumer report” as “any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of servicing as a factor in establishing the consumer’s eligibility for (A) credit or insurance to be used primarily for personal, family, or household purposes; (B) employment purposes; or (C) any other purpose authorized under section 1681b of this title.”

Chart automates the collection and authorized disclosure of specific taxpayer’s IRS account information on a per request basis. Chart provides reports containing only Federal Tax Information from the IRS to the clients (lenders and employers, referred to as “users” by the FPCB) of its clients (frequently other Credit Reporting Agencies) about the IRS compliance, collection, and audit history of individual Data Subjects (referred to as “consumers” by the FCRA). The Chart Chief Information Security Officer, and designated senior managers have responsibility for overseeing the policies and procedures of Chart to ensure compliance with the Fair Credit Reporting Act and other relevant federal and state laws and regulations.

Chart cares deeply about securing the privacy and confidentiality of individual taxpayer’s personal tax information and adheres to the following policies and procedures to protect the taxpayer (consumers) and provide them with full transparency with regard to their IRS account information.

Policies and Procedures

1. Chart’s Fair Credit Reporting Act Compliance Policies and Procedures

Chart has developed and disseminates to all executives, managers, and workforce members: A policy that addresses purpose, scope, responsibilities, management commitment, coordination among organizational entities, and compliance; and procedures to facilitate compliance with the Fair Credit Reporting Act (FCRA) and the implementation of associated controls.

Chart reviews and updates the current FCRA compliance policy and procedures annually or whenever required by any significant changes in the organization’s information technology environment, the range of products and services being offered to clients, or the compliance environment.

2. Obligations Under the Requirements of the Fair Credit Reporting Act

Under the Fair Credit Reporting Act, consumer reporting agencies have four main responsibilities, and must:

1. Take reasonable steps to ensure the user of each report has a “permissible purpose” to use the report (see policy “3 Permissible Purposes and Uses of Reports” below for additional information);
2. Take reasonable steps to ensure the maximum possible accuracy of the information conveyed in its reports (see policy “4 Ensuring Maximum Possible Accuracy” below for additional information);
3. Provide a mechanism for processing and re-investigating credit disputes received from consumers (see policy “10 Processing and Re-investigating Credit Disputes” below for additional information); and
4. Provide clients and users with information about their obligations under the FCRA and consumers about their rights under FCRA (see policies “2.3 and 2.4 as well as the “Summary of Your Rights” below for additional information).

Many states and local governments have their own consumer reporting laws and regulations, which may be identified by contacting state or local consumer protection agencies or state Attorneys General.

Chart uses a secure and proprietary software application to automate client requests for taxpayer account records and creates a report summarizing the finding which may contain information regarding compliance, collection, and audit history of a particular subject. This would make Chart a “consumer reporting agency” under the requirements of the FCRA and its implementing regulations.

2.1 Obtaining Permission Under the Requirements of the FCRA

Under contract to its direct clients, through its client’s client (the user), Chart obtains permission from the Data Subject (the taxpayer) to access that individual’s Federal Tax Information (FTI) directly from the IRS through the taxpayer’s IRS Online Account.

Chart obtains an additional “Consent to Use of IRS Current and Historical Information” and a “Consent Disclosure of Current and Historical Tax Return Information” agreement from the Data Subject that then allows Chart to gather that individual’s data to assemble a report (using the equivalent functions of copying and pasting) that contains that Data Subject’s FTI with a simple summary showing balances due (if any). Although by its collecting and assembling data, Chart would likely be considered a “consumer reporting agency” that generates “consumer reports” under the FCRA, Chart performs no evaluation of the raw data and simply serves as a conduit from the IRS to the client’s client.

2.2 Privacy Rights

Consumers may prevent the disclosure of any information by denying or revoking access on a per request basis and can make these changes anytime by managing their consent settings on their secure web portal.

2.3 Notification of Clients of Their Obligations Under FCRA

Clients of Chart are required to sign an acknowledgement of their obligations under FCRA in each client contract or agreement.

2.4 Notification of Consumers of Their Rights Under FCRA

A Notice informing consumers of their rights under FCRA is available on the Chart secure web portal, as well as from the Federal Trade Commission and the Consumer Financial Protection Board. (See https://trychart.com/fcra).

3. Permissible Purposes and Uses of Reports

Under its contractual obligations with its clients, Chart and its clients have agreed to limit the use of its applications and information systems to those purposes and uses that are considered “permissible” by the Fair Credit Reporting Act and any other relevant federal and state laws, rules and regulations.

Permissible uses require being the result of being initiated by an application from a consumer or by instructions by the consumer in writing. The client of Chart's client is required to certify that the report is being obtained for a permissible use and that it will not be used for any other purpose. Consumers will dictate, through their explicit consent through the use of the above referenced forms, which client(s) of Chart are permitted to use their tax information and for what purpose.

Those purposes are generally limited to uses:

• For the extension of credit or a review or collection of a consumer’s account;
• For employment purposes, including those involving hiring and promotion decisions;
• For the underwriting of insurance;
• For debt collection;
• When there is a legitimate business need in connection with a business transaction that the consumer has initiated;
• To review a Consumer’s Account to determine whether the consumer continues to meet the terms of an account; or
• By a potential investor, servicer, or current insurer, in a valuation or assessment of credit or repayment risks.

4. Ensuring Maximum Accuracy of Reports

The Chart system pulls Federal Tax Information in Internal Revenue Service account records directly from the IRS upon each request, ensuring that only the most current information is presented. The IRS transcripts are passed-through unaltered directly from the IRS. Chart will, however, notify the client if it is notified or becomes aware that the information from the IRS is inaccurate or incomplete.

5. Client Identification & Authentication / Access Control

Chart has developed and implemented identification and authentication, and access control policies and procedures for registering, credentialing and on-boarding new clients by determining the legitimacy of their authority to receive Federal Tax Information about the data subjects (consumers) from the IRS via the Chart application. Clients receive only that FTI and those reports to which individual consumers have provided consent through a particular client.

5.1 Certification of Purpose

Each client contracts with Chart under specific use-cases for permissible purposes. Each client contract requires disclosure of what data is requested and how it is intended to be used. These stipulations provide the basis for the consumer consent language.

5.2 Reasonable Belief as to Use for Impermissible Purpose

The permissible uses are specified in each contract that client has with Chart. Other uses will not be permitted, should Chart believe the client intends to use the data for impermissible purposes, which would involve a purpose that has not been fully disclosed to the consumer.

5.3 Client Registration and On-boarding Process

Evidence of client’s intended use is required during new client onboarding and is identified during the contract due diligence process.

5.4 Credentialing Initiatives for New Clients

Only after new client onboarding and contract due diligence will clients be granted secure and unique credentials for their access to the system.

5.5 Client Access Limited to Specific Information

The only information available to the client is the information that was defined in the contract and demonstrated as permissible purpose with consent from the individual consumer.

6. Disclosures to Consumers

6.1 Automatic Disclosures

Every new client request for tax account information through the Chart application must be approved by the consumer via accepting our clickwrap policies before beginning the login process of IRS Online Accounts. All consumer consent activity is automatically syndicated to the respective client, so they are aware when the consumer has approved or denied the request.

6.2 Disclosures in the Event of an Adverse Action

As courier of the data, Chart has no control and therefore no responsibility for how each client judges the data. It is the responsibility of the client or the client of the client (the user) to make this disclosure regarding an adverse action to the consumer whose data is being provided. (An adverse action is defined as an action (denial or cancellation of an application or terms of coverage or denial of employment) that is adverse to the interests of the consumer).

6.3 Provide Consumers with a Summary of Their Rights

Consumers may download a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act” (defining their rights under the FCRA) from the secure Chart secure web portal (or from Chart’ client). (See section 2.4 above for additional information).

6.4 Charges for Disclosures

Consumers may review their disclosure history from Chart’ reports of their Federal Tax Information for no fee.

7. Fraud Control and Monitoring

Under its contractual obligations with its clients, Chart and its clients have agreed that all accounts and transactions will be monitored for fraud. Due to the thorough process required for IRS authorization and consent, someone falsifying their identity is highly unlikely. However, should the IRS be notified of a case of identity theft, the IRS will block those taxpayer records and they will not be available.

7.1 Fraud Monitoring

The Chart application and information system monitors each request for both consent and data. Research is performed on any transaction whenever data requests appear abnormal or exceed baseline behavior parameters.

7.1.1  Fraud Monitoring: Volume

Multiple requests for the same information (for example, requesting the same data multiple times a day), suggesting possible fraudulent behavior, will trigger an alarm to notify the CISO. An investigation will be performed to determine whether any compromise has occurred.

7.1.2  Fraud Monitoring: Velocity

Multiple, rapid login requests to the web portal, suggesting possible fraudulent behavior, will trigger an alert to notify the CISO. An investigation will be performed to determine whether any compromise has occurred.

7.1.3  Fraud Monitoring: Time of Day Restrictions

High volume, high velocity API requests are expected to occur in batches, at night. Any human based interactions that occur during off-hours (e.g., 12:00 – 5:00 am ET) will trigger an alert to notify the CISO, who will initiate an investigation and notification of the client, depending on the results of the investigation.

7.2 Fraud: Identity Theft: Block Information

Should the IRS be notified of a case of identity theft, the IRS will block those taxpayer records and they will not be available. When Chart becomes aware that a consumer has been the victim of identity theft or that an account has been set up under false pretenses, or a legitimate account has been compromised, an alert will be triggered to notify the CISO, and all subsequent requests for the data will be blocked.

7.3 Fraud: When Transaction Not Initiated by Consumer

If a client or consumer notifies Chart that they have been a victim of identity fraud or that actions taken using the Chart application were not their own, the consumer's account will be blocked from disclosure to any client, the account credentials reset, the data purged, and all consents revoked.

7.4 Fraud: Re-Enabling a Consumer Account

On a subsequent consent attempt, the application will recognize the block, and require that the individual contact Customer Service and verify their identity (by uploading a copy of their driver’s license or passport to the secure web portal) before the account will be unblocked and the consent accepted.

8.  Exclusions

All Federal Tax Information to be provided to users in credit reports is excluded from disclosure, except for those items explicitly granted by each consumer’s consent to the user. At any time, consumers may elect to include or exclude information to each user or client by altering the consent permissions within the Chart secure web portal.

8.1 Customer Notified of Exclusion

Consumers are notified by email confirmation of any changes they make to their consent.

8.2 Information That Must Be Excluded from Reports

Personally Identifiable Information (PII) is excluded (redacted) from all IRS transcripts and from summary and IRS reports (including printable reports) using unique, hashed identifiers to obfuscate PII. Both of these reports may be printed by the client at any time. The five IRS transcript types are:

• Tax Return Transcripts
• Tax Account Transcript
• Record of Account Transcript
• Wage and Income Transcript
• Verification of Non-Filing Letter

8.3 Tax Liens Paid More Than Seven (7) Years Prior to Report

Tax liens that have been paid will be excluded from reports but with consumer’s consent in the “Disclosure Consent” form, information about unpaid tax liens will be included.

8.4 Exemptions

Exemptions regarding reinvestigation requirements applicable to resellers or national security investigations are not applicable to Chart’s contractual obligations to its clients.

9. Retention and Disposal of Credit Reports

Chart retains the last version of the consumer’s tax information received to provide notification of account record changes. Upon the expiration of the consumer’s authorization, the data is purged.

9.1 Retention of Credit Reports

To provide account monitoring services, the system stores only the most recent information received to serve as basis to detect account changes.

9.2 Disposal of Credit Reports

All non-current data is deleted from the system as it is replaced with current data (the last version of a report for comparison purposes).

10. Disputes Regarding Incomplete or Inaccurate Information

Chart serves as the direct conduit from the data banks of the Internal Revenue Service to the client or the user. In the event the consumer disputes the information that has been provided, Chart has informed its clients in its contractual agreements that the procedure would be for the consumer to directly contact the IRS at: (800) 829-1040.

If the information is shown to be inaccurate or incomplete and the IRS agrees to amend it, Chart's client, the user, or the consumer may elect to re-request the data to see the changes at any time.

10.1 Reinvestigation If Information Disputed

This is an internal IRS process outside Chart's responsibilities.

10.2 Treatment of Inaccurate Information

This is an internal IRS process outside Chart's responsibilities.

10.3 Notice of Results of Investigation

This is an internal IRS process outside Chart's responsibilities.

10.4 Statement of Dispute

Although the IRS does not make note of disputes on the taxpayer account record, Chart does offer the ability for the consumer to indicate that they have opened a dispute with the IRS for a specific tax period. In the secure web portal, the taxpayer may set a dispute flag and provide a textual notation. The dispute flag will remain active for 90 days or until the taxpayer removes it. The majority of the time, disputes are due to the IRS backlog and are resolved in due course, often within 90 days. The taxpayer can choose to re-enable the flag as often as they like.

10.4.1 Inclusion in Subsequent Reports

While the dispute flag is set, a notation will be added to the information disclosed to clients in both the application and on the Chart Report.

10.5 What to do in the event a consumer has a security freeze of their data?

Chart ensures that each of its contracts with other credit reporting agencies requires that the client ensures that none of the consumers whose information is being requested has a security freeze of their data current at the time of the request.

10.6 Mechanisms for Resolving Credit Disputes

Although disputes regarding inaccurate or incomplete information in tax return information are outside the responsibilities of Chart, Chart encourages its clients to inform consumers of the following organizations that may be able to assist with the resolution of disputes.

10.6.1 The Taxpayer Advocate Service (TAS) is an independent organization that operates within the IRS. The TAS helps ensure that all taxpayers are treated fairly. If taxpayers are having trouble resolving tax problem(s), they can contact the TAS to get assistance from a local advocate. There is at least one TAS office in every state. To find the address and phone number of a local TAS office, visit the IRS website or call 1-877- 777-4778. Or complete Form 911 (Request for Taxpayer Advocate Service Assistance) and fax/mail it to a local TAS office.

10.6.2 Low Income Taxpayer Clinics (LITCs) help individuals to resolve tax disputes with the IRS, including tax audits, appeals, and collection matters. The LITC Program receives some funding from the IRS, but it’s considered an independent organization. Taxpayers may qualify for free or low-cost assistance if they meet certain LITC income requirements and other criteria. Use the LITC map to find a local clinic or see IRS Publication 4134 (Low Income Taxpayer Clinic List). For general questions, contact the LITC Program Office by phone (202-317-4700) or by email at LITCProgramOffice@irs.gov.

10.6.3 The IRS Office of Appeals is an independent organization within the IRS that helps taxpayers resolve their tax disputes through an informal, administrative process. Their mission is to resolve tax controversies fairly and impartially, without litigation. Appeals reviews cases after the IRS has made its decision, offering an objective point of view on each appealed case. These mediation programs are designed to help taxpayers resolve disputes at the earliest possible stage in the audit or collection process. See details at: https://www.irs.gov/compliance/appeals.

11 Complaints Regarding Privacy or Fairness

11.1 Complaints to the Internal Revenue Service (over the privacy of Federal Tax Information):

If a consumer suspects that the privacy of their Federal Tax Information has been breached or disclosed or used improperly in a manner unauthorized by law or without the consumer’s permission, they are advised to contact:

The Director of the Office of Privacy, Governmental Liaison and Disclosure: Internal Revenue Service
Room 7050 OS:P 1111 Constitution Ave. NW Washington, DC 20224

The Treasury Inspector General for Tax Administration (TIGTA) 1-800-366-4484, or complaints@tigta.treas.gov

11.2 Complaints to the FTC or CFPB (regarding unfair practices under the FCRA):

If a consumer suspects that they have been the victim of fraud, identity theft, or other unfair or deceptive business practices, they are advised to directly contact the Federal Trade Commission Consumer Response Center at 1-877-FTC-HELP (1-877-382-4357) or the Consumer Financial Protection Bureau at (855) 411-2372 or submit a complaint at:https://www.consumerfinance.gov/complaint.

The following is available from the secure Chart secure web portal and from Chart’s clients, as well as from the Federal Trade Commission and the Consumer Financial Protection Board.

(https://trychart.com/fcra)

3. What We Collect for Customers When They Use the Services

The Services permit our developer customers (“Developer Customers”) to collect certain Personal Data from their end users or their customer’s end users for their own purposes (“Developer Customer Personal Data”). We process this Developer Customer Personal Data only on behalf of each Developer Customer. The collection, use and disclosure of Developer Customer Personal Data will be governed by the applicable Developer Customer’s policies, including its privacy policy. Each Developer Customer is responsible for all its activity in connection with the Services, including obtaining all necessary consents or approvals, and providing all necessary notices. The Developer Customer Personal Data that we process depends on the particular Services and the particular Developer Customer. If you have any questions about how our Developer Customers collect, store or use the Developer Customer Personal Data, you should contact them directly.

4. Categories of Sources of Personal Data

You

When you provide such information directly to us.

• When you create an account or use our interactive tools and Services.
• When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
• When you send us an email or otherwise contact us.

When you use the Services and such information is collected automatically.

• Through Cookies or API tokens (defined in the “Tracking Tools and Opt-Out” section below).
• If you use a location-enabled browser, we may receive information about your location.
• If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.

Third Parties

Vendors

• We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
• We may use vendors to obtain information to generate leads and create user profiles.

5. Our Commercial or Business Purposes for Collecting Personal Data

Providing, Customizing and Improving the Services

• Creating and managing your account or other user profiles.
• Processing orders or other transactions; billing.
• Providing you with the products, services or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Services.
• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).

Marketing the Services

• Marketing and selling the Services.

Corresponding with You

• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Chart or the Services.
• Sending emails and other communications according to your preferences or that display content that we think will interest you.

Meeting Legal Requirements and Enforcing Legal Terms

• Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
• Protecting the rights, property or safety of you, Chart or another party.
• Enforcing any agreements with you.
• Responding to claims that any posting or other content violates third-party rights.
• Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.

6. How We Share Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:

• Hosting, technology and communication providers.
• Security and fraud prevention consultants.
• Support and customer service vendors.
• Product fulfillment and delivery providers.
• Payment processors.
• Our payment processing partners Stripe, Inc. (“Stripe”) and Bill.com, LLC (“Bill.com”) collect your voluntarily-provided payment card information necessary to process your payment.
• Please see Stripe’s and Bill.com’s terms of service and privacy policy for information on its use and storage of your Personal Data.

Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:

• Companies that track how users found or were referred to the Services.
• Companies that track how users interact with the Services.

Business Partners. These parties partner with us in offering various services. They include:

• Businesses that you have a relationship with.
• Companies that we partner with to offer joint promotional offers or opportunities.

Parties You Authorize, Access or Authenticate

• Third parties you access through the Services.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

7. Tracking Tools and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google LLC (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit https://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in Europe.

8. Data Security and Retention

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

9. Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under sixteen (16)  years of age; if you are a child under the age of sixteen (16), please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under sixteen (16) years of age, we will delete that information as quickly as possible. If you believe that a child under sixteen (16) years of age may have provided Personal Data to us, please contact us at support@trychart.com.

10. California Resident Rights

If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at support@trychart.com.

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Exercising Your Rights

To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request by emailing us at: support@trychart.com

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Personal Data Sales

We will not sell your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Data of minors under 16 years of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

11. Other State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@trychart.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at support@trychart.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

12. European Union/United Kingdom Data Subject Rights

If you are a resident of the European Union (“EU”), United Kingdom (“UK”), Lichtenstein, Norway or Iceland, you may have additional rights under the EU General Data Protection Regulation or the UK General Data Protection Regulation, as applicable (together the “GDPR”) with respect to your Personal Data, as outlined below.  

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Chart will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at support@trychart.com. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

Personal Data We Collect

The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.

Personal Data Use and Processing Grounds

The “Our Commercial or Business Purposes for Collecting Personal Data” section above explains how we use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

• Profile or Contact Data
• Payment Data
• Commercial Data

Legitimate Interest:  We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:

• Professional or Employment-Related Data
• Device/IP Data
• Web Analytics
• Other Identifying Information that You Voluntarily Choose to Provide
• We may also de-identify or anonymize Personal Data to further our legitimate interests.

Examples of these legitimate interests include (as described in more detail above):

• Providing, customizing and improving the Services.
• Marketing the Services.
• Corresponding with you.
• Meeting legal requirements and enforcing legal terms.
• Completing corporate transactions.

Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

• Other Processing Grounds:  From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Sharing Personal Data

The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties.

Data Subject Rights

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at support@trychart.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.  

• Access:  You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
• Rectification:  If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
• Erasure:  You can request that we erase some or all of your Personal Data from our systems.  
• Withdrawal of Consent:  If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability:  You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection:  You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint:  You have the right to lodge a complaint about Chart's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en. If you are a resident of the UK, the relevant supervisory authority is the Information Commissioner's Office.

Transfers of Personal Data

The Services are hosted and operated in the United States (“U.S.”) through Chart and our service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Chart in the U.S. and will be hosted on U.S. servers, and you authorize Chart to transfer, store and process your information to and in the U.S., and possibly other countries.

13. Changes to this Privacy Policy

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the Chart website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

14. Contact Information:

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

• https://trychart.com/
• support@trychart.com
• 609 Waller Street, San Francisco, CA 94117

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