Effective: Mar 22 2024
This Privacy Policy (“Policy”) describes how WithClutch, Inc. (“Clutch,” “we,” “our,” “us”), collects, uses, and discloses certain personal information obtained through our website (“Site” or “Platform”), as well as information that we collect in other contexts in relation to our financial Platform services. By visiting our Site, using the features made available to you on the Site, and/or by utilizing our financial Platform services (collectively, the “Services”), you are agreeing to the terms of this Policy.
Please note that information we collect in relation to our financial Platform services is subject to the federal Gramm-Leach-Bliley Act (GLBA) and, in some cases, the Fair Credit Reporting Act (FCRA). Please review our GLBA notice to learn more about how we comply with federal law.
What Information We Collect and Maintain About You:
We collect personal and other information from you directly when you provide it to us through the website. We may also automatically collect certain information about you and your computer, smartphone, or other device when you use, access, or interact with our Site. We also collect information offline related to our financial Platform services.
Personal information collected in relation to our financial Platform services: In order to connect you with financial institutions, users of our services are required to provide certain personal information such as name, address, e-mail address, Social Security number, and income. This and other information, such as your credit history and credit score, may be obtained and provided to certain participating providers or financial institutions for an offer decision or to facilitate an account with the financial institution. You may provide this information when you go through our loan application process; sign up for other products or services through Clutch; when you provide information to us through a third-party application, service or website; or when you communicate with us regarding our services through email or other means. We may also collect this information (such as consumer reports) from third parties (such as consumer reporting agencies).
Depending on the product, we may collect the following information about you either from you directly or from third parties:
• Application information: You provide this on your application, through your agent or broker, by phone, or online. We may also obtain it from directories and other outside sources. It includes your name, street, and e-mail addresses, phone number, driver's license number, Social Security number, date of birth, gender, marital status, and type of vehicle. It also includes information about other persons authorized to drive your vehicle.
• Identity information: Including name, date of birth, marital status, Social Security number, and other data on government-issued identification documents (e.g., passport and driver's license). We collect this information, in part, to meet federal requirements and to combat money laundering activities. Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens a financial account. When you open a financial 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.
• Contact information: Including home address, telephone, email address, and emergency contact details.
• Employment information: Including job title/position and annual income.
• Geolocation data: Which may include, city, state, and country and location associated with your I.P. address.
• Characteristics of protected classifications under California or federal law: Such as age, citizenship, and marital status.
• Preferences: Such as your preferences for receiving our communications and privacy choices.
• User-generated content: Such as questions, messages, reviews, blog posts, and other content or information that you generate, transmit, or otherwise make available, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.
• Financial information: Such as student loan, personal loan, and credit card information; banking details; tax information; expenses; stock and, equity details; and, financial account details of linked financial accounts.
• Audio, electronic, visual, or similar information: Including recordings of calls and online user sessions. We collect and use this information to measure and improve our member relationship protocols, to train and educate employees, and for compliance purposes.
Sensitive Personal Information We Collect:
• Unique Identifiers: Your Social Security, driver's license, state identification card, or passport number.
• Financial accounts: We collect account log-in and, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account.
• Precise geolocation data: With your consent, we collect precise geolocation data (any data that is derived from a device and that is used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet).
• Biometric data: As part of the verification process, we may collect biometric information from government IDs and images to verify your identity.
• Consumer Reports: As a Platform that allows products and services to be shown to you by financial institutions, Clutch both receives and transmits data to consumer reporting agencies. We obtain information from these agencies to assess your creditworthiness and to prevent fraud and identity theft. We may obtain information about open and closed credit accounts, including the date opened, the date closed (if applicable), the latest reported monthly balance and monthly payment. We also obtain information about credit inquiries; past due payments and collection actions; information regarding public records of bankruptcy, judgements, tax liens, and other payment statuses; and information regarding deposit accounts (if applicable). We obtain non-public information from consumer reporting agencies. Reports include your claims history with other insurers and driving record. We may obtain credit information for some insurance or protection product coverage and certain other personal insurance products. We do obtain name and address information from credit reporting agencies for these products. Consumer reporting agencies keep this information and disclose it to others as permitted by law. If you connect an external financial account to Clutch, Clutch will obtain information from that account, such as account balance and transaction information, or loan details. Clutch facilitates our customers to use Plaid, Stripe, and other processors to retrieve information from external accounts, and we keep and use that information.
• Transaction Information: This is information about your transactions with us, our affiliated financial institution, protection product, or insurance providers, or others. It includes your insurance coverages, limits and rates, and payment and claims history. It also includes information that we require for billing and payment.
Personal information collected in other contexts: If you are not utilizing our lending or account opening services and are instead using other features on the Site, such as our “Careers” section, or if you contact us with any questions, we may collect personal information from you, such as your name, contact information, and any other information related to your request.
Server logs: Server logs automatically record information and details about your online interactions with us. For example, server logs may record information about your visit to the Site on a particular time and day and collect information such as your device ID or IP address.
Pixel tags: A pixel tag (also known as a web beacon, clear GIF, pixel, or tag) is an image or a small string of code that may be placed in an advertisement or email. It allows companies to set or read cookies or transfer information to their servers when you load a webpage or interact with online content. For example, we or our service providers may use pixel tags to determine whether you have interacted with a specific part of our Services, viewed a particular advertisement, or opened a specific email.
Cookies: We also use cookies on the Site. Cookies are small files that are stored on your computer by your web browser. A cookie allows the Site to recognize whether you have visited before and may store user preferences and other information. For example, cookies can be used to collect or store information about your use of the Site during your current session and over time (including the pages you view and the files you download), your computer's operating system and browser type, your Internet service provider, your domain name and IP address, your general geographic location, the website that you visited before the Site, and the link you used to leave the Site. If you are concerned about having cookies on your computer, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer. However, if you choose to block or delete cookies, certain features of the Site may not operate correctly.
Session Replay Technologies: Clutch will capture your use of the Platform and may record your use. We use third-party services that employ software code to record users' interactions with the Platform in a manner that allows us to watch DVR-like replays of those user sessions. The replays include users' clicks, mouse movements, scrolls, and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement.
Third-party online tracking: We also may partner with certain third parties to collect, analyze, and use some of the personal and other information described in this section. For example, we may allow third parties to set cookies or use web beacons on the Site or in email communications from us. This information may be used for a variety of purposes, including website analytics, as discussed below (see the section entitled “How we share your information”).
Aggregated and deidentified information: From time to time, we may also collect and share aggregated or deidentified information about Site users, such as by publishing a report on trends in the usage of the Site. Such aggregated or deidentified information will not identify you personally.
How We Use Your Information for Business Purposes:
The purposes for which we may use your information include to:
• Provide you with our Services: We use your personal information to display services and products to you and to determine eligibility for financial and protection products and process transactions and payments, fulfill orders, and verify customer information.
• Respond to your questions or requests concerning the Services: Communicate with you about products and services that may be offered to you, including by sending you announcements, updates, security alerts, and support.
• Fulfill the terms of any agreement you have with us.
• Fulfill your requests for our Services or otherwise complete a transaction that you initiate.
• Improve our artificial intelligence and machine learning.
• Deliver confirmations, account information, notifications, and similar operational communications.
• Improve your user experience and the quality of our products and Services.
• Comply with legal and/or regulatory requirements: We may use your personal information to comply with applicable laws, lawful requests, and legal process, such as respond to subpoenas or requests from government authorities; protect our, your, or others' rights, privacy, safety, or property; audit our internal processes for compliance with legal and contractual requirements or out internal policies; and enforce the terms and conditions that govern our Platform.
• Aggregate and deidentify information.
• Count and recognize visitors to the Services.
• Analyze how visitors use the Services and its features;
• Improve the Services and enhance users' experiences with the Services
• Create new products and services or improving our existing Services.
• Enable additional analytics and research concerning the Services.
• Manage our business.
• Detect and prevent fraud.
We may link information gathered through Site with information that we collect in other contexts. In that event, we will handle the combined information in a manner consistent with this Policy.
How We Use Your Information for Business Purposes:
The purposes for which we may use your information include to:
• Provide you with our Services: We use your personal information to display services and products to you and to determine eligibility for financial and protection products and process transactions and payments, fulfill orders, and verify customer information.
• Respond to your questions or requests concerning the Services: Communicate with you about products and services that may be offered to you, including by sending you announcements, updates, security alerts, and support.
• Fulfill the terms of any agreement you have with us.
• Fulfill your requests for our Services or otherwise complete a transaction that you initiate.
• Improve our artificial intelligence and machine learning.
• Deliver confirmations, account information, notifications, and similar operational communications.
• Improve your user experience and the quality of our products and Services.
• Comply with legal and/or regulatory requirements: We may use your personal information to comply with applicable laws, lawful requests, and legal process, such as respond to subpoenas or requests from government authorities; protect our, your, or others' rights, privacy, safety, or property; audit our internal processes for compliance with legal and contractual requirements or out internal policies; and enforce the terms and conditions that govern our Platform.
• Aggregate and deidentify information.
• Count and recognize visitors to the Services.
• Analyze how visitors use the Services and its features;
• Improve the Services and enhance users' experiences with the Services
• Create new products and services or improving our existing Services.
• Enable additional analytics and research concerning the Services.
• Manage our business.
• Detect and prevent fraud.
We may link information gathered through Site with information that we collect in other contexts. In that event, we will handle the combined information in a manner consistent with this Policy.
With Whom and Why We Share Your Information:
We share your information with other parties for a variety of purposes, as described below:
We share your personal information with the following parties and as otherwise described in this Privacy Policy, or at the time of collection:
Service providers: Third parties that provide services to Clutch, or to you on our behalf, or help us operate our business (such as data cloud providers), information technology, customer support, email delivery, consumer research and website analytics.
Financial Institution Providers: Clutch may share your information with the sponsoring financial institution, insurance, or protection product Provider that appears in this Platform.
Consumer reporting agencies.
Third parties designated by you: We may share your personal information with third parties where you have instructed us or provided your consent to do so. We will share personal information these other companies need to provide the services that you requested.
Professional advisors: Professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
Legal authorities: Law enforcement, government authorities, regulatory agencies, and similar third parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above, and in compliance with applicable law.
Business transferees: Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Clutch or our affiliates (including, in connection with a bankruptcy or similar proceedings).
Your Choices
To the extent that we process your information pursuant to the GLBA or FCRA, you may have rights available to you under federal law.
If you wish to opt-out of marketing emails you receive from us, you may do so by following the instructions in those emails or by contacting us at legal@withclutch.com.
If you wish to access, correct, or delete the personal information we have on file, you may contact us by phone at 650-842-0703 or by email at legal@withclutch.com.
If you are a California resident, please review our California Privacy Addendum below for additional information and rights that may be applicable to you.
External Links
This Site may contain links to third-party websites. If you use these links, you will leave the Site. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites, their content, or their privacy policy. Thus, we do not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites listed on our website, you do so at your own risk.
Data Security
We employ physical, technical, and administrative procedures to safeguard the personal information we collect. However, we cannot ensure or warrant the security of any information you transmit to the Services or to us, and you transmit such information at your own risk.
Data Retention
We retain personal information about you as necessary to fulfill the purpose for which that information was collected or as required or permitted by law. We do not retain personal information longer than is necessary for us to achieve the purposes for which we collected it. When we destroy your personal information, we do so in a way that prevents that information from being restored or reconstructed.
International Users
The information that we collect through or in connection with the Services is transferred to and processed in the United States for the purposes described above. We also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Services or by providing any personal or other information to us, you expressly consent to such transfer and processing.
Children
Content regarding the Services is directed at individuals over the age of 13 and is not directed at children under the age of 13. We do not knowingly collect personally identifiable information from children under the age of 13.
Changes to this Policy
We may make changes to the Services in the future and as a consequence will need to revise this Policy to reflect those changes. We will post all such changes on the Site, so you should review this page periodically. If we make a material change to the Policy, you will be provided with appropriate notice.
How to Contact Us
Should you have any questions or concerns about this Policy, you can contact us by phone at 650-842-0703 or by email at legal@withclutch.com.
CALIFORNIA PRIVACY ADDENDUM
This section applies solely to residents of California and their personal information that is subject to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) (collectively, the "CCPA"). The CCPA does not apply to the following:-Publicly available information made lawfully available from government records.-Information that is de-identified, meaning that the information is rendered so that it cannot reasonably be used to infer information about or link to a specific person.-Information subject to other laws, such as the following:Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act ("FCRA"), the Gramm-Leach Bliley Act ("GLBA") or California Financial Information Privacy Act ("FIPA"), and the Driver's Privacy Protection Act of 1994.California residents have the right to:• Know what personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of personal information we have collected about you;• Request the deletion of certain personal information collected by us;• Correct inaccurate personal information;• Know/access or receive a disclosure of your personal information;• Know what personal information is sold or shared and to whom;• Opt-out of the sale or sharing of your personal information;• In certain cases, limit the use and disclosure of sensitive personal information; and• No retaliation for opting out or exercising any other rights, including an employee's right not to be retaliated against for the exercise of their CCPA rights.How to Exercise Your Rights to Know (Access), Delete, or Correct Your Personal Information:We must verify your identity before processing most requests, which may require you to provide additional information. You may submit a request by emailing us at legal@withclutch.com or by calling us at 650-842-0703.We strive to honor requests within forty-five (45) days of receipt. In certain instances, we may not be able to honor your request, such as when an exception applies or when we cannot verify your identity. We will notify you if we are unable to process your request within that time or at all and provide you an explanation.How to Exercise Your Right to Opt-Out of the Selling/Sharing of Personal Information:We must verify your identity before processing most requests, which may require you to provide additional information. You may submit a request by emailing us at legal@withclutch.com or by calling us at 650-842-0703.We strive to honor requests within forty-five (45) days of receipt. In certain instances, we may not be able to honor your request, such as when an exception applies or when we cannot verify your identity. We will notify you if we are unable to process your request within that time or at all and provide you an explanation.How to Exercise Your Right to Limit the Use of Sensitive Personal Information at Clutch:We must verify your identity before processing most requests, which may require you to provide additional information. You may submit a request by emailing us at legal@withclutch.com or by calling us at 650-842-0703.We strive to honor requests within forty-five (45) days of receipt. In certain instances, we may not be able to honor your request, such as when an exception applies or when we cannot verify your identity. We will notify you if we are unable to process your request within that time or at all and provide you an explanation.Submitting Requests on Another's Behalf/Authorized Agents:You can designate an authorized agent to submit a request on your behalf by calling us at 650-842-0703. If you designate an authorized agent to make a request on your behalf, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us.