Deserve Privacy Policy

Privacy Policy 
Effective 19th May 2021

This Privacy Policy (“Policy”) describes the ways Deserve, Inc. (referred herein as “we”,  “us”, “our”) or our affiliates collect, protect, use and store your personal information. You  accept this Privacy Policy by using our products and services (collectively “Services”) on  our Website or through any other means. We may amend this Policy at any time by  posting a revised version on our website (“the Site”). We will attempt to give a reasonable  notice period upon making any changes; however, unless otherwise stated, the revised  version will be effective at the time we post it. This Privacy Policy is incorporated into the  Terms of Use by this reference. 

By using our Services, you are consenting to our processing of your Personal Information  and data as set forth in this Policy now and as amended. As used herein, “processing”  means using or accessing information in any way, including but not limited to collecting,  storing, deleting, combining, and disclosing information. Our servers are located in the  United States. Accordingly, if you reside outside the U.S., by using the Services, you  acknowledge and agree that your Personal Information will be transferred to the United  States and processed and stored in the United States. By using our Services, you  understand that your information may be transferred to our facilities and those third  parties with whom we share it as described in this Policy. 

Our Services contain links to other websites. The fact that we link to a website is not an  endorsement, authorization, or representation of our affiliation with that third party. We  do not exercise control over third party websites. These other websites may place their  own cookies or other files on your computer, collect data, or solicit personally identifiable  information from you. Other sites follow different rules regarding the use or disclosure  of the personally identifiable information you submit to them. We encourage you to read  the privacy policies or statements of every website you visit. 

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT

 To help the government fight the funding of terrorism and money laundering activities,  federal law requires all financial institutions to obtain, verify, and record information that  identifies each person who opens an account. What this means for you: when you open  an account, we will ask for your name, address, date of birth, and other information that  will allow us to identify you. We may also ask to see your driver’s license or other  identifying documents. 

INFORMATION YOU SHARE WITH DESERVE 

Information We Often Request 

The types of personal information we collect depends on the products and services you  use. It may include: 

  • Your contact information such as your name, address, phone, and email; 
  • Information that we use to verify your identity, make decisions about your credit card  application, or manage risk such as your date of birth, social security number (if  applicable), your financial history, your identity, and program eligibility;
  • Information about your education, such as the school in which you are enrolled, degree  sought, major of field of study, recent test scores, educational references and your  personal interests or characteristics; 
  • Information needed for us to process your payments, such as your bank account  numbers and similar information; 
  • Information about your income and/or assets, including your employment, US Form I 20, domestic bank statements or other financial documentation; and 
  • Information about you collected when you visit the Site, including the information  submitted by you or our other customers when interacting with the Site’s features and  using its online communication features 

Information You Provide Upon Registration 

If you desire to access certain parts of the Services, you will be required to become a  registered user and to submit certain Personal Information to Deserve.com. Personal  Information that we may collect in such instances may include your full name, email  address, mailing address, telephone number, date of birth and other information that you  provide us with as part of the credit card application. Additionally, we may request that  you upload a copy of your official passport/national identity card, a copy of your financial  statement issued by a US bank, and/or a copy of your US I-20 Form and US Student Visa  which are issued by the U.S. Department of Homeland Security in order to verify your  identity, program eligibility, and ability to repay debt. We may also ask our users to  generate a new personal identification number (PIN) or password to access our Services.  In general, we may use any information provided by you to verify your identity or as part  of a credit application or other business processes. 

Information Deserve Learns From Your Use of our Services or Access of the Site  When you visit the Deserve website or use the Services, we may collect information from  your computer, mobile phone, or similar device. This information may include your IP  address and device information including but not limited to identifier, device name and  type, operating system, location, mobile network information, and standard web log  information such as your browser type, traffic to and from our website, the pages you  accessed on our website, and any other available information. We may also collect  information about your use and interaction with our website, application, or Services. For  example, we may evaluate your computer, mobile phone, or other access device for  indicators of fraud, or analyze your website clicks to assess your interest in our specific  product terms. When you use our Services, we may also store information based on your  usage history. This includes but is not limited to details of your purchases, content you  viewed, event information, referring sites or click stream information, and web “cookies”  or “tokens” that may uniquely identify your browser, device, or your account. We may  also collect information about you from any contact you have with any of our employees,  our customer support team, or through surveys, or through interactions with our agents  and/or affiliates. 

Location Data 

Deserve.com may receive varying degrees of location information from Social Media  Services (as defined below) that you enable within our Service and also (with your  permission) from your computing devices (“Location Data”). For example, we may collect  and use location data (e.g., GPS or IP-based geography detection) to screen for fraudulent  activity or to verify self- reported information (for example, to verify you reside in a certain city or near a university in which you are enrolled) and to customize the Service  to make it more relevant to you (for example, to send newsletter information that may be  of interest to you). 

Server Log Data 

When you interact with the Site or use our Services, our servers automatically receive  and store certain personally non-identifiable information (“Log Data”). This Log Data is  collected passively and may include (but is not limited to) information such as your IP  address, browser type, mobile phone type, software settings/configurations, or the  domain from which you are visiting, the Site pages you visit, the search terms you use,  and any advertisements on which you click. We use Log Data and analytics-based  observations to provide you with the Services (for example, to send an SMS to your  mobile device) and we may pool Log Data with other information to monitor the use of  the Services, and for the technical administration of the Services. If we are asked to  comply with a subpoena or other legal demand or where we suspect that there has been  a violation of our policies, then we will associate your IP address with any other Personal  Information to identify you personally, according to our Terms of Use and/or applicable  laws. 

Cookies and Anonymous Identifiers 

Like many websites and services, we also may use “cookie” technology to collect  additional Site usage data and to improve the Site and Services and related offers. A  cookie is a small data file that we transfer to your computer’s hard disk. Deserve may use  both session cookies and persistent cookies (known as “persistent tokens”) to better  understand how you interact with the Site and our Services, to monitor aggregate usage  by our users and web traffic routing on the Site, and to improve the Site and our Services.  A session cookie or security token enables certain features of the Site and Services and is  often (but not always) deleted from your computer when you disconnect from or leave  the Site. A persistent token will likely remain after you close your browser and may be  used by your browser on subsequent visits to the Site. Persistent tokens can be removed  by following your web browser help file directions. Most Internet browsers automatically  accept cookies. You can instruct your browser, by editing its options, to stop accepting  cookies or to prompt you before accepting a cookie from the websites you visit. 

We may, or our Partners or Affiliates may, also deliver a file (known as a “web beacon”)  from an ad network to you through the Services. Web beacons allow ad networks (and  other websites) to provide anonymized, aggregated auditing, research, and reporting for  us and for advertisers. Web beacons also enable ad networks to send targeted  advertisements to you when you visit other websites. Because your web browser must  request these advertisements and web beacons from the ad network’s servers, these  companies can view, edit, or set their own cookies, just as if you had requested a web  page from their sites. 

Payment Information 

Deserve or its Partners or Affiliates may collect payment information such as a valid  credit card number, type, and expiration date, or other financial information such as a  routing & account number for check payments. Payment information is collected and  stored by our third-party payment processing company (the “Payment Processor”) and  such use and storage of the information is governed by the Payment Processor’s 

applicable Terms of Use and Privacy Policy. Our payment processor is CoreCard  (www.corecard.com). 

Bank Access/Login Credentials 

Prior to establishing a Deserve account or after a Deserve account is established, or both,  we invite Deserve account holders enter certain login credentials (such as a username  and password) for certain online account types (for example, credit cards, debit cards, or  traditional bank accounts) in order to verify identity. These credentials provide Deserve  with consistent and reliable access to each financial account. Deserve uses such access to  monitor and assess account holder’s ability to repay debt or counter fraud. 

Contacts Information 

If you allow Deserve to access the contacts/address book on your phone or other services  (such as email) through the permission system used by your mobile platform, Deserve  may access and store names and other contact information from your address book to  facilitate social interactions through our Services and execute our referral program.  Access to contacts may be requested as part of a customer referral program or validation  of self-reported information. 

Credit Card Transaction Information 

We collect transaction details related to your use of our Services, including the type of  service requested, date and time the service was provided, amount charged, locations,  distance traveled, and other related transaction details. Additionally, if someone uses  your customer referral code, then we may associate your name with that person. 

Aggregated Personal Data 

In an ongoing effort to better understand and serve the users of the Services, Deserve  often conducts research on our customer demographics, interests, and behavior based on  the information provided to us. This research may be compiled and analyzed on an  aggregate basis and Deserve may share this aggregated data with our marketing affiliates,  agents, and business partners. This aggregated information does not identify you  personally. Deserve may also disclose aggregated user statistics in order to describe our  services to current and prospective business partners and to other third parties for other  lawful purposes. 

Information Obtained From Third Parties 

We may obtain information about you from third parties such as credit bureaus, the U.S.  Department of Homeland Security, student enrollment verification services, and identity  verification services. You may choose to provide us with access to certain personal  information stored by third parties such as social media websites and services (“Social  Media Services”) or banking websites. The information we have access to varies by site  and is controlled by your privacy settings on that site and your authorization. By  associating an account managed by a third party with your Deserve account and  authorizing Deserve to have access to this information, you agree that Deserve may  collect, store, and use this information in accordance with this Policy. 

Usage and Preference Information 

We collect information regarding how you and other site visitors use and interact with  our Services, including preferences expressed, and settings chosen. In some cases, we do 

this through the use of cookies, pixel tags, and similar technologies that create and  maintain unique identifiers. 

HOW DESERVE PROTECTS YOUR INFORMATION 

Deserve stores and processes your information while maintaining physical, electronic,  and procedural safeguards of its Site and Systems. We maintain physical security  measures to guard against unauthorized access to systems and use electronic safeguards  such as firewalls and data encryption. We authorize access to personal information only  for those authorized employees with a business need to have access to personal  information. 

HOW DESERVE USES YOUR INFORMATION 

Deserve uses the Personal Information you provide in a manner that is consistent with  this Policy. We may use your information, including non-public personal information as  follows: 

To provide, maintain, and improve our Services; To provide inputs to our credit  underwriting system and to assess creditworthiness of credit card applicants; To provide  and deliver the products and services you request, process transactions and send you  related information, including confirmations; To verify your identity and prevent fraud  or unauthorized access; Send you technical notices, updates, security alerts and support  and administrative messages; To respond to your comments, questions, and requests,  and provide customer service; To communicate with you about products, services, offers,  promotions, incentives, and events offered by Deserve and others, and provide news and  information we think will be of interest to you; To monitor and analyze trends, usage, and  activities in connection with our Services; To comply with legal obligations; To  personalize and improve the Services and provide advertisements, content, or features  that match user profiles or interests; To process and deliver contest or promotion entries  and incentives; To link or combine it with the information we receive from others to help  understand your needs and provide you with better service; and to carry out any other  purpose for which the information was collected. 

If you contact us by email, we may keep a record of your contact information and  correspondence, and may use your email address, and any information that you provide  to us in your message, to respond to you. In addition, we may use your contact  information to market to you and provide you with information about our products and  services and the products and services of our partners that we believe may be of interest  to you. If you decide at any time that you no longer wish to receive such marketing  information or communications from us, please follow the unsubscribe instructions  provided in any of our communications. 

In an ongoing effort to better understand and serve the users of our Services, Deserve  occasionally conducts separate research efforts on its customer demographics, interests,  and behavior based on the Personal Information and other information provided to us.  This research may be compiled and analyzed in the aggregate and Deserve may share this  aggregated data with its affiliates, agents and business partners. This aggregated  information does not identify you personally. Deserve may also disclose aggregate user  statistics in order to describe our Services to current and prospective business partners,  and to other third parties for other lawful purposes.

WHEN DESERVE SHARES YOUR INFORMATION 

At times Deserve may provide third parties with certain personal information to provide  or improve our products and services, including to deliver products at your request, or to  help Deserve market to consumers. When we do, we require those third parties to handle  it in accordance with relevant laws. Personal information will never be shared with third  parties for their marketing purposes. 

Information Sharing and Disclosure 

We consider your information to be a vital part of Deserve’s relationship with you and,  accordingly, we do not share it unnecessarily. There are, however, certain circumstances  in which we may share your Personal Information with certain third parties without  further notice to you, as outlined below. 

To enable our Service Providers 

Deserve shares personal information with companies who provide services such as  information processing, extending credit, fulfilling customer orders, managing and  enhancing customer data, providing customer service, assessing your interest in our  products and services, and conducting customer research or satisfaction surveys. These  companies are obligated to protect your information and may be located wherever  Deserve operates. 

To process payments and services related to your Deserve Account 

If we collect credit card information for payments, or other financial information related  to payments, then that information will be collected and stored by our Payment  Processor. We will from time to time request and receive your financial information from  our Payment Processor for the purposes of completing transactions you have initiated  through the Services, assessing credit risk, processing invitations to apply for increased  credit limits, or enrolling you in such other programs in which you elect to participate,  identifying or researching possible fraudulent transactions, and otherwise as needed to  manage our business. 

To enable Social Media Services and related data collection 

You can choose to access certain third party communication tools or Social Media  Services through our Services When you choose to do so, you will be sharing information with those Social Media Services, and the information you share will be governed by their  privacy policies and Terms of Use. You may also be able to modify your privacy settings  with these Social Media Services to, for example, control what information the Social  Media Services disclose to third parties such as Deserve. When you add Social Media  Service accounts to the Service or log into the Service using your Social Media Services  account, we will collect relevant information necessary to enable our Services and access  that Social Media Service. In all cases, you will provide your login information, such as  your username and password, directly to the Social Media Service and not to Deserve. As  part of such integration, the Social Media Service will provide Deserve with access to  certain information that you have provided to the Social Media Service, and Deserve will  use, store and disclose such information in accordance with this Privacy Policy and, if and  to the extent applicable, the policies of such Social Media Services. However, please  remember that the manner in which Social Media Services use, store and disclose your  information is governed by the policies of such third parties and Deserve shall have no liability or responsibility for the privacy practices or actions of any Social Media Services  that may be enabled with or accessed through the Service. 

Disclosures for Legal Purposes 

It may be necessary − by law, legal process, litigation, and/or requests from public and  governmental authorities within or outside your country of residence − for Deserve to  disclose your personal information. We may also disclose information about you if we  determine that for purposes of national security, law enforcement, or other issues of  public importance, disclosure is necessary or appropriate. We may also disclose  information about you, but only where there is a lawful basis for doing so, if we determine  that disclosure is reasonably necessary to enforce our terms and conditions or protect  our operations or users. This could include providing information to public or  governmental authorities. Additionally, in the event of a reorganization, merger, or sale  we may transfer any and all personal information we collect to the relevant third party. 

HOW DESERVE DOES NOT SHARE YOUR INFORMATION 

Selling Information to Third Parties. 

We do not sell or rent your personal information to third parties. 

WHAT ARE YOUR PRIVACY OPTIONS 

Your Right to Opt Out 

If you no longer wish to receive notifications (such as SMS or email messages) about our  Services, you may change your notification preferences by emailing  [email protected]. Alternatively, you may be able to indicate your preference by  logging into your Deserve account and adjusting your preferences or by following the  directions provided with the communication. Deserve reserves the right to close your  account should you opt out of the critical notices that are required to perform our  Services. 

Your Right to Access 

You can review and edit your personal information at any time by logging in to your  account on Deserve’s Website or by contacting us at [email protected]. You can also  request to close your account with Deserve by contacting us at 1.800.418.2362. If you  close your Deserve account, we will mark your account in our database as “Closed,” but  will keep your account information in our database to comply with our legal obligations.  This is necessary in order to deter fraud, by ensuring that persons who try to commit  fraud will not be able to avoid detection simply by closing their account and opening a  new account. If you close your account, your personally identifiable information will not  be used by us for any further purposes, nor sold or shared with third parties, except as  necessary to prevent fraud and assist law enforcement, as required by law or in  accordance with this Privacy Policy. 

Learn about State Laws 

This Privacy Policy may not constitute your entire set of privacy rights, as these may vary  from state to state. For example, California Civil Code Section § 1798.100 permits  California residents who are users of the Deserve site to request certain information  regarding the disclosure of personal information to third parties for direct marketing 

purposes. To make such a request, please send an email to [email protected]. To be  certain of your privacy rights, you may wish to contact the agency in your state that is  charged with overseeing consumer privacy rights. 

European Union General Data Protection Regulation (EU GDPR) 

The aim of the GDPR is to protect the “personal data” of EU citizens – including how their  personal data is collected, stored, processed and destroyed. The meaning of “personal  data” under the GDPR currently exceeds how similar terms are defined in the U.S.  Deserve, Inc. accepts and reviews all applicants for credit. This should be in the  Cardholder Agreement as that covers the issuance of the credit card. 

Contacting Deserve

Deserve may update its Privacy Policy from time to time. When we change the Policy in a  material way, a notice will be posted on our website along with the updated Privacy  Policy. We will also contact you via your contact information on file, for example by email,  notification or some other equivalent method. If you have questions or concerns  regarding this Privacy and Security Policy, please contact us at [email protected] or  call 1.800.418.2362. 

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS 

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information  contained in the U.S. Online Privacy Notice of Deserve and its subsidiaries (collectively,  “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the  State of California (“consumers” or “you”). 

We adopt this notice to comply with the California Consumer Privacy Act of 2018  (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same  meaning when used in this notice. 

Information We Collect 

We collect 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, we have collected the  following categories of personal information from consumers within the last twelve (12) months:

Category
Examples
Collected
A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

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.

YES

C. Protected classification characteristics under California or federal law.

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).

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

F. Internet or other similar network activity.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

YES

I. Professional or employment related information.

Current or past job history or performance evaluations.

YES

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

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: 

o 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; 

o 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. 

We obtain the categories of personal information listed above from the following  categories of sources: 

  • Directly from our customers or credit applicants. For example, from documents that  our customers or credit applicants provide to us related to the services for which they  engage us. 
  • Indirectly from our customers or credit applicants. For example, through information  we collect from our customers or credit applicants in the course of providing services  to them. 
  • Directly and indirectly from activity on our website (www.deserve.com). For example,  from submissions through our website portal or website usage details collected  automatically. 
  • From third-parties that interact with us in connection with the services we perform.  For example, upon consent and granting of permissible purpose, we obtain credit  reports from credit bureaus in order to evaluate creditworthiness. 

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 for which the information is provided. For example, if you  provide us with personal information in the course of applying for credit, we will use  that information to verify your identity and throughout the credit underwriting  process. 
  • To provide you with information, products or services that you request from us. 
  • To provide you with email alerts and other notices concerning our products or  services, or events or news, that may be of interest to you. 
  • To carry out our obligations and enforce our rights arising from any contracts entered  into between you and us, including for billing and collections.
  • To improve our website and present its contents to you. 
  • For testing, research, analysis and product development. 
  • As necessary or appropriate to protect the rights, property or safety of us, our clients  or others. 
  • 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. 
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization,  dissolution, or other sale or transfer of some or all of our assets, whether as a going  concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal  information held by us is among the assets transferred. 

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. In the preceding twelve (12) months, we have disclosed the following categories of  personal information for a business purpose: 

Category A: Identifiers. 

Category B: California Customer Records personal information categories.  

Category C: Protected classification characteristics under California or federal law.  Category D: Commercial information. 

Category F: Internet or other similar network activity Category 

G: Geolocation data Category 

I: Employment related information

 

We disclose your personal information for a business purpose to the following categories  of third parties: 

  • Our affiliates. 
  • Service providers. 
  • Third parties to whom you or your agents authorize us to disclose your personal  information in connection with products or services we provide to you. 

In the preceding twelve (12) months, we have not sold any 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: 

o sales, identifying the personal information categories that each category of  recipient purchased; and 

o 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. 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 providers to: 

  1. 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. 
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal  activity, or prosecute those responsible for such activities. 
  3. Debug products to identify and repair errors that impair existing intended  functionality. 
  4. Exercise free speech, ensure the right of another consumer to exercise their free  speech rights, or exercise another right provided for by law. 
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §  1546 seq.). 
  6. 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. 
  7. Enable solely internal uses that are reasonably aligned with consumer expectations  based on your relationship with us. 
  8. Comply with a legal obligation. 
  9. 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 either: 

US Postal Mail to: 
Deserve, Inc 
Attn: Privacy  
PO Box 57780 
Murray, UT 84157; or 
Email us at [email protected] 
Call us at 1.800.418.2362

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 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. Making a verifiable consumer request does not require you to  create an account with us. 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 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. If you have an account with us, we will deliver our written response to  that account. If you do not have an account with us, 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. 

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. 

Non-Discrimination 

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. 

Changes to Our U.S. Online Privacy Notice and this State-Specific Notice 

We reserve the right to amend this privacy notice at our discretion and at any time. When  we make changes to this privacy notice, we will post the updated notice on our Website  and update the notice’s effective date. When we change the policy in a material way, a  notice will be posted on our website along with the updated Privacy Policy. We will also  contact you via your contact information on file, for example by email, notification or  some other equivalent method. Your continued use of our Website following the posting  of changes constitutes your acceptance of such changes. 

Contact Information 

If you have any questions or comments about this notice, our Privacy Statement, the ways  in which we collect and use your personal information, your choices and rights regarding  such use, or wish to exercise your rights under California law, please do not hesitate to  contact us at:

Phone: 1.800.418.2362 
Website: deserve.com  
Email: [email protected] 
Postal Address: Deserve, Inc  
Attn: Privacy 
PO Box 57780, Murray, UT 84157

Deserve Inc. Privacy Notice for California Applicants and Employees

Updated 6/30/2023

This Notice to California Employees and Job Applicants (“Notice”) of Deserve Inc. applies to offline and online data collection practices when you submit personal data for the purposes of applying for and/or becoming an employee of Deserve, Inc., and during the course of your employment with Deserve Inc., pursuant to California law, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). If you are not a California resident, this policy does not legally apply to you, though you may have similar rights afforded to you via other Organizational policies or processes.

The information that you provide to Deserve (sometimes referred to as “we”, “us” or “our”) is collected and used in order for us to consider you for employment, retain you as an employee, coordinate and/or provide benefits to you, and to maintain employment records.

Please note that if you are visiting our website in a non-employment context, any of your personal information collected in that capacity is subject to our consumer Privacy Policy. For more information, please review the Privacy Policy and California Notice on our website.

Notice of Collection of Personal Information

We collect personal information from you when you choose to voluntarily provide it for purposes of employment with or when applying for employment with us. We may collect Personal Information such as your name, job title, mailing address, right to work for I-9 verification, phone number, date of birth, gender, names and relationships of dependents, emergency contact information, credit check information, background check information, your resume (with professional, employment and educational background information), language proficiency, voice recording, beneficiary designations, proof of identification, doctor’s notes, diversity and EEO data collection and any other information you provide to us.

We collect Sensitive Personal Information such as your social security number, driver’s license number, passport information, and/or state ID card numbers; banking information; diversity and EEO data collection including race and ethnicity, sexual orientation, military and disability status. We collect information about you through your browser, computer hardware and software when you access company hosted applications, our network or use devices provided by us. This information can include your IP address, device ID, browser type, domain names, access times and dates, pages viewed, one or more cookies that may uniquely identify your browser, referring website addresses, what applications are run on your company issued device, files downloaded, opened, and created using company managed equipment, geolocation of laptops and mobile devices which contain company data, and any personal information entered into any company controlled system, including company email.

Table 1 - CCPA Categories of Information

Category
Examples
Collected
A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

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.

YES

C. Protected classification characteristics under California or federal law.

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).

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

F. Internet or other similar network activity.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

YES

I. Professional or employment related information.

Current or past job history or performance evaluations.

YES

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

USE OF PERSONAL INFORMATION

We use Personal Information of employees and job applicants for a wide range of purposes, including:

  • to evaluate job candidacy and communicate with you regarding your application;
  • to keep you up-to-date about the employment process and employment-related issues;
  • to ensure compliance with internal HR policies;
  • to facilitate the employment relationship, including for processing of payroll and benefits (including family health benefits), and other internal business needs;
  • to maintain internal employment records;
  • to maintain internal financial records including pay stubs and payment methods;
  • to meet and monitor government reporting regulations;
  • to comply with legal and/or contractual obligations or to assert or defend legal rights or address legal claims and proceedings;  and,
  • to maintain any other business operations.

DISCLOSURE AND SHARING OF PERSONAL INFORMATION

Service Providers, Partners and Contractors

We disclose Personal Information you provide to consultants, service providers, service partners, and contractors that we use to support our business and operations who have agreed to keep the information confidential.

Legal Obligations

We may disclose Personal Information to outside parties, including governmental agencies, if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions or investigations.

Corporate Restructuring or Corporate Sale

We may disclose Personal Information to non-parties in connection with the sale, assignment or other transfer of the business of our website or the sale, assignment, merger, reorganization or other transfer of our brand or company.

SALE AND SHARING OF PERSONAL INFORMATION

We have not sold or shared personal information about California employees or job applicants in the past 12 months. This statement is based specifically on how the terms sale/sold and share/sharing/shared are defined by the CCPA.

We have disclosed the following categories of personal information about California employees and job applicants for a business purpose in the preceding 12 months:

  • IP address, device ID, browser type, domain names, access times and dates, pages viewed, one or more cookies that may uniquely identify your browser, referring website addresses, what applications are run on your company issued device, files downloaded, opened, and created using company managed equipment, geolocation of laptops and mobile devices which contain company data, and any personal information entered into any company controlled system, including company email.
  • Name, job title, mailing address, right to work for I-9 verification, phone number, date of birth, gender, names and relationships of dependents, emergency contact information, credit check, background check, resume with professional, employment and educational background, language proficiency, beneficiary designations, garnishment notices from tax agencies, proof of identification, health information, diversity information and EEO data collection.

RETENTION OF PERSONAL INFORMATION

We will retain your Personal Information for as long as it is necessary for the purposes described in this notice and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and comply with our internal retention policies.

RIGHTS UNDER THE CCPA

Under California law, as an employee or applicant residing in California you are afforded several rights regarding the personal information collected about you. However, there are several exceptions that may apply. Exceptions may include our right to maintain personal information of employees for business purposes and solely internal uses reasonably aligned with the expectations of the employee, as well as to comply with any legal obligations, including maintaining proper employee records, or maintaining privilege or confidentiality of certain records, in compliance with applicable U.S. and California labor laws and other legal rights.

RIGHT TO REQUEST ACCESS TO INFORMATION (“Right to Know”)

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 in a readily usable format to allow for data portability..

• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: 

  • Any sales of information, 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.

Sensitive personal and financial identifiers (such as social security number, bank account numbers, payroll information, etc.) will not be provided in response to a request, but we will let you know if we have those identifiers and information on file.

RIGHT TO REQUEST DELETION OF INFORMATION (“Right to Delete”)

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. Once we receive and confirm your verifiable consumer request, we will delete (and direct our applicable service providers to delete) your personal information from our records, unless a valid exception applies.

RIGHT TO REQUEST CORRECTION OF INFORMATION (“Right to Correct”)

You have the right to request that we correct inaccurate information about you. There may be cases where you are able to update or correct the information yourself within the application within which the data resides and we will be happy to provide you with guidance on how to make applicable changes should you wish to do so.

RIGHT TO OPT OUT OF SALE AND SHARING OF INFORMATION

You have the right to opt out of the sale or sharing of information. We do not sell or share your information, as defined within the CCPA.

RIGHT TO LIMIT USE/DISCLOSURE OF SENSITIVE PERSONAL INFORMATION (SPI)

We do not use SPI for purposes other than those allowed by the CCPA and its regulations

RIGHT TO NON-DISCRIMINATION

You have a right to non-discrimination when exercising any of the above rights afforded to you by the CCPA. We will not retaliate against you for exercising any of the above rights.

SUBMITTING A RIGHTS REQUEST

To exercise the rights described above, please submit a verifiable consumer request to us by:

Emailing us at [email protected] 

Sending your request via US Postal Mail to:

Deserve, Inc 
Attn: Privacy  
PO Box 57780 
Murray, UT 84157

Only you or an authorized person or entity that you authorize to act on your behalf, may make a verifiable request related to your personal information. You may only make a verifiable request for access twice within a 12- month period. The verifiable 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. Making a verifiable request does not require you to create an account with us. We will only use personal information provided in a verifiable request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable request within 45 days of its receipt and will provide you with a notice of receipt within 10 days of receiving your request. 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 to the current address on file or the email address used to submit the request. Any disclosures we provide may only cover the time period of January 1, 2022 to the present. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For access requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

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.

Changes to This Notice

This Notice may be revised from time to time. If this Notice changes in a material way, we will notify employees of such changes by posting the revised policy and notifying them via company email. Applicants should check the link to the notice within job descriptions from time to time and whenever submitting information to us.

Contact Us for More Information

For information and questions about the use of your personal information, this Notice or your rights under California law, you may contact us via email at [email protected] or via mail at:

Deserve, Inc 
Attn: Privacy  
PO Box 57780 
Murray, UT 84157