Last Updated: October 30, 2020
This Privacy and Data Protection Policy describes the policies and procedures of Fold, Inc. ("Fold", “we”, “our” or “us”) regarding our collection, use and disclosure of your information in connection with your access and use of our Fold mobile application (the “App”) and at Foldapp.com (the “Site”), and the other services, features, products, content or applications offered by Fold (together with the Site and the App, the “Services”). As used in this Privacy and Data Protection Policy, “Personal Data” means any information that can be used to individually identify a person. All defined terms not defined herein shall have the meaning ascribed to them in the Fold Terms of Service, of which this Privacy and Data Protection Policy is a part.
We urge you to read this Privacy and Data Protection Policy in full, but wanted to mention a few things upfront:
This Privacy and Data Protection Policy covers Fold’s processing of Personal Data that Fold gathers when you are accessing and using the Services. As used in this Privacy and Data Protection Policy, “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.
This Privacy and Data Protection Policy also covers Fold’s treatment of any Personal Data that Fold’s business partners and service providers share with Fold, or that Fold shares with its business partners and service providers.
This Privacy and Data Protection Policy does not apply to the practices of third parties, and their sites, services or applications that Fold does not own or control, or to individuals that Fold does not employ or manage (“Third Parties”). While we attempt to provide access only to those Third Parties that share our respect for your privacy, we cannot take responsibility for the content, actions or data protection policies or practices of those Third Parties. We encourage you to carefully review the data protection policies and practices of any Third Parties you access, and to carefully consider what kind of Personal Data you choose to post or otherwise make available through the Services.
We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
By providing Personal Data of others to Fold, you represent that you have authority to do so. We disclaim responsibility for the information of others that you provide to us in the course of your use of the Services.
We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
If applicable, in order to collect payments on your behalf, and provide payments to you, we, using Stripe as a third-party payment processor, collect payment information from you, your attendees and customers, your vendors, and other parties to whom we provide payments on your behalf and from whom we collect payments on your behalf. This information is used solely to collect and provide payments related to the Services, and is only stored by Stripe, not by us. You should review the terms of service and privacy policies of Stripe, available at https://stripe.com/us/privacy.
If applicable, in order to create and manage your Fold Prepaid Debit Card account with Sutton Bank, we, using Sutton Bank as an issuing bank, collect Personal Data from you and will access that information from time to time. This information is used solely to provide you with the Fold Prepaid Debit Card and related services, and is only stored by Sutton Bank, not by us. You should review the privacy policies of Sutton Bank, available at https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-1218.pdf.
Some Personal Data is automatically collected when you use our Services, such as the following:
Please note that when you access or use the Services, we use information from your web browser, including your IP address, and your device's settings and unique identifiers in order to reliably and accurately provide you with Services and information that apply to you.
The Services use “Cookies” as defined herein to enable our servers to recognize your web browser and tell us how and when you visit and use our Site and Services in order to operate our Services. Cookies are small files – usually consisting of letters and numbers – placed on your computer, tablet, phone, or similar device when you use that device to visit our Site.
Cookies can either be “session Cookies” or “persistent Cookies”. Session Cookies are temporary Cookies that are stored on your device while you are visiting our Site or using our Services, whereas “persistent Cookies” are stored on your device for a period of time after you leave our Site or Services. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie. We use persistent Cookies to keep a more accurate account of how often you visit our Services, how often you return, how your use of the Services may vary over time. We do not use persistent Cookies to measure the effectiveness of advertising efforts nor to collect information about your online activity after you leave our Services. Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites. Because we collect browsing and persistent identifier data, the Services do not support Do Not Track requests at this time, which means that we may collect information about your online activity while you are using the Services. We will not collect information about your online activity after you leave our properties.
We do not control third party Cookies and third parties may use Personal Data collected using cookies or other technologies to track online activities over time and across different websites when you visit the Site. Although some Cookies may have been placed by a third party on your device we do not collect or use such information.
You can decide whether or not to accept Cookies. One way you can do this is 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 computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some 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 our more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or http://www.allaboutcookies.org/.
We process Personal Data to operate, maintain and understand our Services. For example, we use Personal Data to:
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.
Examples of these legitimate interests include:
We share limited Personal Data with vendors, third party service providers, and agents who work on our behalf and provide us with services related to the purposes described in this Privacy and Data Protection Policy or our Terms of Service. We limit this based on the minimum information required for such vendors, third party service providers, and agents to perform the required services. These parties include:
We also share Personal Data when we believe it is necessary to:
As part of the Services, you will receive from Fold email and other communications. You acknowledge and agree that by availing yourself of the Services, you allow Fold to send you email and other communication that it determines in its sole discretion relate to your use of the Services.
Last, we also share information with third parties when you give us your express consent to do so.
Furthermore, Fold will NOT buy or sell Personal Data to or from a third party under any circumstances, except solely in the event that we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, in which case Personal Data would be one of the assets that is transferred to or acquired by the third party that is acquiring our assets. HOWEVER, you should know that:
You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data only as set forth in this policy.
We retain Personal Data about you for as long as you have an open Account with us or as otherwise necessary to provide you Services, or until you contact us to request deletion (see below). 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. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. As a security-first company we go to extreme measures to protect the security and privacy of our customers and our employees.
We understand the importance of the security of the information we collect, but we cannot promise that our security measures will eliminate all security risks or avoid all security breaches. However, Fold cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
As noted in the Terms of Service, we do not knowingly collect or solicit Personal Data from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Data, please contact us at [email protected]
Some users may have certain rights with respect to their Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at [email protected]. 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 to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
The Services are hosted and operated in the United States (“U.S.”) and elsewhere throughout the world through Fold and its service providers, where the laws 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 Fold and will be hosted on U.S. servers and elsewhere throughout the world, and you authorize Fold to transfer, store and process your information to and in the U.S. and elsewhere throughout the world as necessary to perform our duties in providing you with the Services. Additionally, you understand that your Personal Data may be processed in countries (including the United States) where laws regarding processing Personal Data may be less stringent than in your country. Please contact us at [email protected] with any questions or concerns.
Fold may amend this Privacy and Data Protection Policy from time to time. Use of information we collect now is subject to the Privacy and Data Protection Policy in effect at the time such information is used. If we make changes in the way we use Personal Data, we will notify you by posting an announcement on our Site or Services or sending you an email. Users are bound by any changes to the Privacy and Data Protection Policy when he or she uses the Services after such changes have been first posted.
If you have any questions about this Privacy and Data Protection Policy or our data practices generally, please contact us using the following information:
55 E 3rd Ave., San Mateo, CA 94401