Privacy Policy

Effective Date: July 30th, 2018

This Privacy Policy describes how Metallicus, Inc., a Delaware corporation with its main office at 660 4th Street, Suite 107, San Francisco, California 94107, and its affiliates (“Metal Pay,” "us," "we” or “our”) collects, uses, stores, shares, and protects your personally identifiable information whenever you participate in, download or use our metalpay.com website or any other Metal Pay, Crumbs, or other website offered by us, the Metal Vault services, a Metal Pay, Crumbs or other mobile app offered by us, any sweepstakes, contest, event or other promotions offered or sponsored by us, any of our application programming interfaces (“API”) or any third party applications relying on such an API or any services offered through any of our website (collectively, the “Services”). Metal Pay is a “data controller” under applicable data privacy laws. By downloading, using or participating in the Services, you consent to the data practices prescribed in this Privacy Policy.

As specified in further detail below, we may periodically change this Privacy Policy. It is your responsibility to review this Privacy Policy frequently and we encourage you to visit this page often.

COLLECTION OF INFORMATION

Information You Provide To Us

We collect Personal Information you provide directly or indirectly to us. “Personal Information” means information about you that is personally identifiable or from which you can be identified together with other information (e.g., your name, address, email address or phone number). For example, we collect Personal Information about you when you create a Metal Vault online account, download or use the Metal Pay or Crumbs app, complete a transaction, fill out a form, respond to surveys, enter into a sweepstakes, contest or other promotion, post messages to our forums or otherwise communicate with us.

The type of Personal Information we collect varies, depending upon which Services you access, participate in or are using. The types of Personal Information we may collect are as follows:

Information We Collect From Other Sources

We may also obtain information from other sources and combine that with Personal Information we collect through the Services. For example, we may collect nonpublic personal information about you from third parties, including identity verification services. We obtain financial transaction history through a vendor (including a user’s bank account or credit card account transaction history) as necessary to implement certain Services (such as for calculation of “spare change” for the Crumbs “Round Up” feature) and delete this data periodically in most cases.

We may also obtain Personal Information when we acquire a business or assets from another company, such as the acquisition of assets from Crumbs.

Information We Collect Automatically

When you download, access or use certain of the Services, we automatically collect Personal Information as follows:

USE OF INFORMATION

We use your Personal Information as follows:

We use your Personal Information for the following key purposes:

DISCLOSURE OF INFORMATION

We may disclose any Personal Information we collect about you, whether you are a current or former customer, user of or participant in the Services, including nonpublic personal information and any other information we collect to all companies affiliated with Metal Pay, and with nonaffiliated third parties, which include non-financial companies, such as email service providers and fraud verification services, and others, such as other users of our Services with which you engage in transactions. We may make such disclosures:

  1. To service providers that perform marketing services on our behalf; and
  2. For our everyday business purposes, such as to process transactions, maintain accounts, comply with U.S. and international financial regulations, respond to court orders and legal investigations or report to credit bureaus. For example, in connection with our everyday business purposes, we may share Personal Information about you as follows:
    • With any party you intend to distribute cryptocurrency or funds to, or that intends to distribute cryptocurrency or funds to you, via the Services, including information about whether your account is active and whether the account has been verified.
    • With vendors, consultants, professional advisors such as lawyers, accountants, auditors and other service providers who need access to your Personal Information to carry out work on our behalf or provide advice to us. These service providers help with our business operations such as fraud prevention, technology services and payment processors. We enter into confidentiality agreements with these service providers and they do not have any independent right to share your Personal Information.
    • We may provide information about you or your Personal Information to (i) respond to subpoenas, court orders, legal process or governmental regulations, (ii) establish or exercise our legal rights or defend against legal claims, or (iii) enforce our user agreements or other policies and agreements. We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, or as otherwise required by law.
    • In connection with, or during negotiations of, any merger, sale of Metal Pay assets, financing or acquisition or all or a portion of our business to another company.
    • With your consent or at your direction.
  3. If we are under any other duty to disclose or share your information to comply with our legal obligations.
  4. We use Plaid Inc. (“Plaid”) to gather your data from financial institutions. By using our Services, you grant Plaid and us the right, power and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

Other than in connection with a merger, sale of Metal Pay's assets, financing or acquisition, we will not sell or rent any of your Personal Information to third parties for their own marketing purposes.

Please note that third parties that support our customer identification and anti-fraud controls may retain and use Personal Information about you to perform services on our behalf and to improve their services. By using any of the Services, you consent to the retention and use of such information by these providers to improve their services.

We may also share aggregated or de-identified information with our affiliated companies or nonaffiliated third parties, which cannot reasonably be used to identify you.

The Personal Information that we collect from you may be transferred to, and stored at, a destination outside your country of residence. We are headquartered in the US and your Personal Information is transferred to us in the US, and to the third parties referenced above who may also be in the US or otherwise located in a country with less stringent data privacy laws compared to those in your country of residence. We use appropriate technical and organizational security measures to protect your Personal Information when it is transferred or shared to us or our affiliates or our third party recipients.

Protection of information

Although no data processing and transmission can be guaranteed to be 100% secure, we take reasonable steps to protect all Personal Information. Metal Pay uses industry-standard encryption technology to safeguard the account registration process and sign-up information. Other security safeguards include, but are not limited to, data encryption, firewalls, and physical access controls to building and files.

Deletion of Personal Information

If for any reason you wish to delete your Personal Information stored with us and identifying to you, please send us an e-mail to: support@metalpay.com, and we will make reasonable efforts to delete any such Personal Information in accordance with any applicable privacy laws and consistent with reasonable recordkeeping practices. We may need to retain certain Personal Information for business records purposes, or for tax or other legal requirements or otherwise as permitted under applicable data privacy laws.

Metal Pay will retain your Personal Information for a minimum of five years or as necessary to comply with our legal obligations or to resolve disputes.

Other Personal Information Rights

Under applicable data privacy laws, you may have rights to request access to your Personal Information or to object to processing or request that the Personal Information you have provided to us is sent to another organization. If you would like exercise these legal rights, please contact us. We will need enough information to ascertain your identity as well as the nature of your request. We will aim to respond to your request within one calendar month of receipt of the request. Where we were unable to do so within the calendar month, we will notify you of the soonest practicable time within which we can respond to your request. There are certain exemptions and restrictions of these rights under the applicable data privacy laws that enable personal information to be retained, processed or withheld from access and we will inform you of these if applicable.

Minors

To use the Services, you must be of the age of majority and, at the very least, over the age of eighteen (18). In addition, to participate in a promotion, you must be eligible under the Official Rules of that promotion. Metal Pay does not knowingly collect Personal Information from persons under the age of eighteen (18) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that persons who have not reached the age of majority or are under the age of eighteen (18) are not using the Services, including participating in promotions. In the event that it comes to our knowledge that a person under the age of eighteen (18) or who has not reached the age of majority in that person’s state of residence is using the Services, we will prohibit and block such user from accessing the Services and will make all efforts to promptly delete any Personal Information stored with us with regard to such user to the extent permissible by law and financial transactions recordkeeping requirements.

Direct Marketing

You agree (and, where required under applicable data privacy laws, you agree that only with your prior consent) that we may use your contact details for the purpose of informing you regarding products and services offered by us which may interest you, and to send to you advertisements and other marketing material, transmitted to the e-mail address you have provided.

You may withdraw your consent via sending a written notice to Metal Pay by email to the following address: support@metalpay.com or on the same manner as the advertising was transmitted to you (e.g., via email). We are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties and you irrevocably and unconditionally agree that we shall not be held responsible or liable with respect to such advertisements, products and services.

Referrals/Links

Our websites may contain links to third-party websites that may offer information of interest. This Privacy Policy does not apply to those websites, and Metal Pay recommends reviewing those websites’ privacy policies individually.

Response to “Do Not Track” Signals / Third Party Data Collection

Some Internet browsers include the ability to transmit “Do Not Track” signals. At this time, Metal Pay does not process or respond to “Do Not Track” signals.

Third parties are not permitted to collect Personally Identifiable Information about your online activities over time and across different website when you are using our Services.

Cookies & Local Storage

When you access or use the Services, we may use industry-wide technologies such as “cookies” or similar technologies, which stores certain information on your computer (“Local Storage”) and which will allow us to enable automatic activation of certain features, and make your experience much more convenient and effortless. The cookies used by the Service are created per session, do not include any information about you other than your session key (removed as your session ends (usually after 24 hours)) and the ability to login again quickly (automatically removed usually after two years, unless manually removed on an earlier occasion). It is easy to prohibit the Local Storage. Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies your online experience may be limited. OTHER THAN THE STANDARD COOKIES MENTIONED ABOVE, PLEASE NOTICE THAT WE MAY ALSO MAKE USE OF E-TAGS WHICH WILL ENABLE US TO IDENTIFY USER BEHAVIORS. SUCH E-TAGS CAN ONLY BE REMOVED BY US AFTER RECEIVING A REQUEST FROM YOU IN WRITING IN THE MATTER.

We may also use certain third-party cookies. This is a different kind of cookie, stored on your computer by a third party, rather than by us. This kind of cookie is read-only (and not altered by us) each time you use the Service, and also when you visit certain websites or applications that use similar cookies. Third-party cookies usually store only a Non-Personal Information, such as the web pages you have visited, the duration of your browsing, etc.

We do not allow third parties to collect personally identifiable information about your online activities over time and across different websites when you use the Service.

Changes to the Privacy Policy

Metal Pay reserves the right to change this Privacy Policy at any time, so please re-visit this page frequently and make note of the Effective Date. We will provide notice of substantial changes of this Privacy Policy on our metalpay.com website and/or we will send you an e-mail regarding such changes to the e-mail address that you have provided to us and/or that is registered with any account you establish using the Services. Such substantial changes will take effect on the Effective Date specified in the notice, which will be at least seven (7) days after such notice was provided using one of the above-mentioned methods. All other changes shall be effective as of the Effective Date as well. Your continued use of or participation in any of the Services after the Effective Date will constitute acceptance of, and agreement to be bound by, all changes.

Have any Questions?

If you have any questions or concerns regarding this Privacy Policy, please contact us at support@metalpay.com. If you have any concerns regarding how we are handling your Personal Information, please contact us. We will strive to deal with your concerns promptly.

If you wish to complain about the handling of your Personal Information outside of Metal Pay, you may, under applicable data privacy laws, have the right to raise a complaint with the supervisory authority in your country of residence.