PERSONAL DATA THAT WE COLLECT:
Under has developed software that enables its customers, such as banks and lenders (“Customers”) to have their form documents (“Customer Forms”) hosted online, for such Customers’ clients and potential clients (“End Users”) to fill out and sign the form documents online, as part of Under’s online service on its website(s) (the “Hosted Service”). In connection with our business, we collect and process the following categories of Personal Data of individuals:
HOW WE COLLECT YOUR PERSONAL DATA:
General. We collect Personal Data when you or your employer or organization register an account with us as a Customer or as a user of the Hosted Service, when you fill out a Customer Form as a End User of one of our Customers, when you visit our website, when you use our services or software, and when you otherwise transact business with or communicate with Under.
Data received from credit checks and Know Your Customer (KYC) checks[JTW1] . Under runs credit checks on End Users on behalf of Under’s Customers, using the Customer’s credit account. Under DOES NOT see any of the data obtained from these credit checks; that data is provided directly to Under’s Customer. Under also runs “Know Your Customer” (“KYC”) checks on End Users using Under’s accounts with companies such as Plaid, Ekata, Iovation, Idology, and IDAnalytics, and provides such KYC check data to its Customer that requested the KYC check.
Data received from Hosted Service users and End Users of Customers. Our Customers who license our Hosted Service act as data controllers in the use of the Hosted Service and the collection and processing of Personal Data. In such cases, our role in processing the Personal Data provided by our customers is as a “Processor,” since we are processing data on behalf of the Customer. As a Processor, we are obligated to process Personal Data as part of our license agreement entered with the Customer. Processing of this Personal Data is performed on behalf of the Customer and for the purpose of providing the services requested by the Customer.
Data obtained for marketing purposes for potential Customers or others. We obtain marketing data from third parties that we use to reach out to inform potential customers and others of the services offered by our organization. The Personal Data collected generally includes email addresses for a potential customer’s personnel and may also include their name and phone number. We also use the contact information provided to us by our Customers to communicate information about our products and services to the Customer’s personnel, which may include marketing our products and services.
Cookies and Other Tracking Technologies: When you visit our website(s), information about your device hardware and software is automatically collected, including your IP address, browser type, domain name, access times, geographic location, referring website address and other technical information. Under uses tracking technologies such as cookies to collect information from your web browser through our servers or filtering systems when you visit our website(s).
You can change your web browser settings at any time to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit. If you do not accept cookies, however, our website may not function properly for you, and you may not be able to use some sections or functions of our websites.
To learn more about cookies and how to manage and delete them, visit http://www.allaboutcookies.org.
Under may also use additional web user tracking technologies like clear GIFs, Flash cookies, pixel tags, and web beacons.
Information collected may include but is not limited to your browser type, your operating system, your language preference, any referring web page you were visiting before you came to our site, the date and time of each visitor request, and information you search for on our sites. We can also track the path of page visits on a website and monitor aggregate usage and web traffic routing on our sites.
Information from Third Party Platforms.
If you access our website or communicate with us using your account or account credentials from a third-party owned or operated platform/service (e.g., Amazon, Apple, AWS, Facebook, Google, Shopify, Twitter, etc.), post content from our website to a social network, or use various social media features (e.g.,“Like” button), we may process certain information from the third parties, such as your username, “likes”, location, birthday, comments and reviews, preferences, network reach and influence, and any other information you provided to the third parties in connection with your account. Depending on your account and privacy settings, we may also be able to see information that you post when using these third parties whether or not you are an active customer. We may also collect Personal Data about you from our third party service providers who provide us with e-commerce and/or technical services related to the website. The information you post or provide to third parties, as well as the controls surrounding these disclosures are governed by the policies of these third parties.
Special categories of data not collected. We do not actively collect or otherwise process Personal Data from minors and include in our license and subscription agreement a condition that the customer will not provide any Personal Data of minors to us. The age of a minor varies by jurisdiction. For the purposes of Personal Data collected from the European Union, the age of a minor is under age sixteen (16). For purposes of the Children’s Online Privacy Protection Act (COPPA) in the U.S., the age of a minor protected by such law is under age thirteen (13).
We also do not actively collect or otherwise process special categories of Personal Data, including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
We do not actively collect or otherwise process Personal Data relating to criminal convictions and offences. However, it is possible that a Customer Form may request such information from an End User, which information would then be stored in Under’s Hosted Service and disclosed to the Customer who provided that Customer Form.
HOW WE USE YOUR PERSONAL DATA:
These purposes include:
If Under, in good faith, determines that you have used the service to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, or in any other way in violation of law. Simply, if you attempt to use the website or purchase or use a product for any unlawful means, you have no expectation of privacy and we may use and disclose any and all information for the protection of Under and others.
If required or permitted to do so by law or if, in good faith, Under believes that such action is necessary to: (1) comply with laws and regulations or with legal processes; (2) protect and defend Under’s rights and property or prevent fraud; (3) protect Under against abuse, misuse or unauthorized use of Under’s products or services; (4) protect the personal safety or property of our personnel, users of our website or the public; and/or (5) comply with tax reporting requirements, then Under may use and disclose any and all information as needed. The servers that serve our website automatically identify a computer by its IP address.
We base our processing of Personal Data on the need to perform our contractual obligations under our license agreements and our legitimate activities as a provider of software and related services. We also process Personal Data to comply with applicable law and to exercise our legal rights. We may also use your Personal Data for internal purposes, including auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on legitimate interests in performing the activities of the organization.
HOW WE SHARE OR DISCLOSE YOUR DATA:
No sale of Personal Data. We never sell or rent Personal Data to third parties.
Disclosures of Personal Data. We may disclose or share your Personal Data with other parties in the following circumstances:
STORAGE OF PERSONAL DATA:
Under uses appropriate physical, organizational and technological measures to protect the Personal Data you provide to us against loss or theft, and unauthorized access, disclosure, copying, use, or modification. This includes limiting access on a “need-to-know” basis. Where third parties (such as AWS) are used to host our products, we use third parties who meet required privacy and security standards.
However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients and Under will not be responsible for any breach of security unless this breach is due to its negligence. Although we are committed to employing reasonable technology in order to protect the security of our website, even with the best technology, no website is 100% secure. In transacting business with us through our website, you assume the risk inherent in transacting business online.
To offer our website, products and services to you, Under relies on plugins and services from third parties such as internet service providers, email service providers and plugins, calendar plugins, Customer Relationship Management (CRM) systems, credit card processors, and third party data storage. To the extent these providers have access to your Personal Data, we will require that they are legally or contractually committed to comply with applicable privacy laws, In the case of credit card processors, we require that they be PCI DSS-compliant. However, we cannot guarantee with certainty that the computer systems and storage systems whereon these services are offered will not be accessed by unauthorized parties. This is a risk inherent in providing any information or, or conducting any business, online. In transacting business with us through our website, you assume the risk inherent in transacting business online.
PERSONAL DATA SECURITY:
Under uses technical and organizational measures to protect the Personal Data that we store, transmit, or otherwise process, against accidental or unlawful destruction or disclosure, loss, alteration, or unauthorized access. Our security controls and risk management program and processes are designed to implement appropriate technological and organizational measures to ensure a level of security appropriate to the risks. We regularly consider appropriate new security technology and methods. Security measures implemented include:
RETENTION OF PERSONAL DATA:
Under processes Personal Data for a reasonable period of time to fulfill the processing purposes mentioned above. Personal Data is then archived for time periods as required or necessitated by law or legal considerations. Under reserves the right to delete a customer’s data, including Personal Data provided by that customer, from its system after 30 days from the date of termination of its agreement with the applicable customer. Under also deletes Personal Data in response to an individual’s request, as set forth in the “YOUR RIGHTS RELATING TO YOUR DATA” section below.
Under reserves the right to retain usage data relating to our products and services, as well as data that has been anonymized and/or aggregated, to the extent permitted by applicable laws. With respect to any Personal Data collected by us for marketing or for our own internal purposes, we will retain that data for a reasonable time in order to fulfill those purposes.
We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that Personal Data is only stored and archived in alignment with our retention policy.
YOUR RIGHTS RELATING TO YOUR DATA:
Unsubscribing to marketing communications: In particular, if we are sending you email communications of a marketing nature, an ‘unsubscribe’ option is provided in the footer of every email. You may also contact us directly to unsubscribe to marketing emails or other marketing communications, at the contact information set forth in the “UNDER’S CONTACT INFORMATION” section below. If you have agreed to receive marketing communications, you may always opt out at a later date.
Your California privacy rights. This section applies to California residents only.
Under is not currently required to comply with the CCPA (Section 1798.100 et seq. of the California Civil Code). If that changes for any reason, Under will comply with the CCPA’s requirements.
Under may require you to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of Personal Data. The information provided shall only be used for this purpose.
PRIVACY POLICIES OF OTHER WEBSITES:
UNDER’S CONTACT INFORMATION:
222 W Merchandise Mart Plaza
Chicago, IL 60654
Effective as of December 1, 2022