You can access and interact with our Platform in many ways, including from a computer or mobile device. This Notice
applies regardless of how you access or interact with our Platform. Depending on how you interact with our Platform,
there may be some cases where we need to provide you with additional information about how we use your Personal
Data and/or what options you have regarding our use of your Personal Data. We may provide this additional
information via notices on the Platform or via direct communications with you. If we do this, unless we tell you
otherwise, the additional information will apply in addition to what is described in this Notice.
WE COLLECT PERSONAL DATA AND USAGE INFORMATION
Our primary goals in collecting Personal Data are to verify the identity of individuals who are principal owners of
entities that apply for and maintain a financial account with us, provide and improve our Platform, conduct our
operations, communicate with you and enable visitors to our Platform to enjoy and easily navigate it. This section
describes what Personal Data we collect.
When we refer to “Personal Data” in this Notice, we mean information that identifies, relates to, describes or is
reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a specific person.
This might be information that directly identifies someone, such as their name, or it may be information that identifies
someone only when combined with other information available to us. Please note, except as provided under applicable
laws, Personal Data does not include information that is publicly available through government records or information
that has been deidentified or aggregated in a way that it cannot be used to identify a specific individual.
In addition to Personal Data, we, or third parties acting on our behalf, may collect certain information about the device
you use when you interact with our Platform through the normal operation of our Platform and through the use of
cookies, pixels, and other web technologies on our Platform (collectively, “Usage Information”). Usage Information,
by itself, generally does not identify the specific person using the device that generated it. This means that unless
required pursuant to applicable law, Usage Information usually will not be considered Personal Data and the ways we
use Usage Information may differ from what is described in this Privacy Notice. However, if we link Usage
Information directly with your Personal Data or other information that could identify you, we will treat the linked
Usage Information as Personal Data and use the linked Usage Information as described in this Privacy Notice.
Categories of Personal Data We Collect. Depending on the type of activity you are performing on the Platform
or how you use or interact with our Platform, we may collect and disclose the following Personal Data:
- identifiers and contact information, such as your real name, alias, email address, telephone number, postal
address, physical address, unique personal identifier, government-issued identification numbers, date of
birth, online identifier, IP address and other similar information;
- demographic information, such as your age, gender, ethnicity, national origin, and other similar
- internet and other similar network activity information, such as your browsing history, search history,
interactions with the online portions of our Platform and online advertisements and other similar
- financial information, such as bank account number, account balances, digital wallet information and other
- professional or employment-related information, including current or past job history and other similar
- online identifiers you use, such as your username, social media handles and other similar information;
- communication information, such as information contained in voicemails, chats, emails and other similar
- location information, such as where you live, where you are located and other similar information; and
- other information you provide us or authorize us to collect about you.
Usage Information. Depending on how you access, interact with, or use our Platform, the Usage Information
that we, or third parties acting on our behalf, collect may include:
- device information, such as the IP address, general geographic location, operating system, browser type,
language preferences, mobile phone number, device identifier and other similar information associated with
a computer or mobile device used to access or interact with our Platform;
- information about your interactions with our Platform, such as links that are clicked, information contained
in session replay recordings of access to and use of our Website, such as mouse movements and information
entered into non-sensitive data fields (even if such information is not submitted to us through the Website),
pages or screens that are viewed, access and session times, interactions with emails we send and other similar
information associated with your actions and activities on our Platform;
- information about Internet and network activity, such as websites visited, search engine results and other
similar information associated with a computer or mobile device that accesses or interacts with our Platform;
- information automatically collected by cookies and other technologies on our Platform; and
- any other information that a computer or mobile device automatically sends whenever connected to a
website or an online application.
For more information about how we collect Usage Information, please see the “How We Collect Usage
Information” section below.
HOW WE COLLECT YOUR PERSONAL DATA
Directly From You. When you engage with us in connection with our Platform, such as requesting information,
creating an account, communicating with us or otherwise interacting with us, we may ask you to provide certain
Personal Data. Some of the Personal Data we request may not be required, however, we will specifically indicate
what Personal Data is required to engage in such activity.
From Third Parties. We, or third parties acting on our behalf, may collect Personal Data about you from third
parties, including, without limitation, online and offline sources, entities affiliated with us, our service providers,
social media platforms, advertising networks and other public or commercial sources (collectively, “Third Party
Sources”). The collection of Personal Data from these Third Party Sources can occur in a variety of ways,
including, without limitation:
- When you interact with us on other platforms, including, but not limited to, social media sites such as
LinkedIn and Twitter (the “Third Party Sites”) or share our content via the Third Party Sites, we may
receive information about you from those sites. As a result, we, and third parties acting on our behalf, may
share, store, use, and otherwise process any Personal Data we receive from or in connection with those
Third Party Sites.
- Third parties whose content is linked to on our Platform. Any links to other websites, applications or other
third party content on our Platform, are not an endorsement, authorization, or representation of our affiliation
with that third party and we are not responsible for the content, privacy and security policies and practices
of any third party. We encourage you to read the privacy policies or statements applicable to any third party
websites, applications, or content you access.
- We, or third parties acting on our behalf, may receive Personal Data about you from third parties that
provide services to us through or in connection with our Platform (“Service Providers”). Service
Providers may include, without limitation, third parties that host our Platform, parties that provide us
services related to the communications we send and receive, and other financial institutions and financial
services companies that we partner with to provide our Services.
- We, or third parties acting on our behalf, may also receive Personal Data about you from other third
parties, such as other users of our Platform and those that refer you to our Platform.
Our collection, use, disclosure, and storage of the Personal Data we receive from Third Party Sources will be as
described in this Privacy Notice.
Please note, we may combine the Personal Data and other content and information we receive about you from
multiple sources, including, without limitation, Personal Data we collect directly from you and one or more Third
HOW WE COLLECT USAGE INFORMATION
We, and third parties acting on our behalf, collect Usage Information in a variety of ways. Some Usage Information,
such as the IP address of a device attempting to access, use or interact with our Platform, is necessary for us to make
certain portions of our Platform available. Other Usage Information, such as information about which features of our
Platform are popular, helps us improve and advertise our Platform. The primary systems and technologies used to
collect Usage Information in connection with our Platform are:
- the systems we use to make our Platform available to you, including the systems we use to help us identify and address technical issues and errors. When you access, use, or interact with our Platform, these systems automatically record certain information that your browser or device sends whenever you visit a website or utilize an online application as well as information about how long your device is connected to our Platform and the activities that device engages in while connected. These systems also automatically collect information about your actions and activities on our Platform.
- other tracking technologies, such as web beacons, clear gifs, and pixel tags. These technologies may be used on or in connection with our Platform, including, without limitation, in emails we send. We may use these technologies to deliver cookies, count visits, understand usage, and observe data on email delivery, open rates, click rates, bounces, unsubscribes and other information.
Please note, we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our
data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not
Track” signals in light of industry developments or legal changes.
HOW WE USE YOUR PERSONAL DATA AND USAGE INFORMATION
This section describes the primary purposes for which we use the Personal Data we, or third parties acting on our
Operational Uses and Disclosures. We may use the Personal Data we, or third parties acting on our behalf,
collect for non-marketing purposes, including:
- operating and improving our Platform;
- verifying your identity;
- processing, fulfilling and administering transactions and orders for products and services;
- carrying out our obligations and enforcing our rights arising from any contracts we have entered into,
including, without limitation, any contracts between you and us;
- sending you emails, text messages, or calls to provide you with alerts and updates about your
engagement with our Platform;
- conducting statistical or demographic analysis;
- complying with legal and regulatory requirements;
- customizing your experience with our Platform;
- protecting and defending Custodia against legal actions or claims;
- preventing fraud;
- cooperating with law enforcement or other governmental agencies for purposes of investigations,
national security, public safety or matters of public importance when we are legally required to do so
or believe that disclosure of Personal Data is necessary or appropriate to protect the public interest;
- registering or servicing your online account;
- contacting you about or in response to questions or other correspondence we receive from you;
- providing customer service;
- calling or sending service-related text messages to you;
- facilitating your use of features on the Platform, including, without limitation, troubleshooting any
issues with identity verification;
- those you authorize or instruct us to do; and
- other business purposes permitted under applicable law.
Marketing Purposes. We may use the Personal Data we, or third parties acting on our behalf, collect for
marketing purposes, including notifying you of special promotions, opportunities, offers and events e-mail and
other means, all subject to our compliance with applicable laws (“Marketing Purposes”). We may also link
Personal Data (including your name, mobile phone number, and email address) with other information (including
information we automatically collect as described in this Notice) and use such linked information for Marketing
Anonymized Data. Please note, we may use and disclose aggregated, anonymized or de-identified information
collected in connection with our Platform and other information that does not identify any individual
(“Anonymized Data”) for any lawful purposes, which may include, without limitation, purposes not described
in this Notice. Except as otherwise required under applicable laws, our use and disclosure of such Anonymized
Data is not subject to this Notice.
HOW – AND WHY – WE SHARE YOUR PERSONAL DATA WITH THIRD PARTIES
We will not, without your permission, sell, publish or share information you entrust to us that identifies you or any
person, except as described below.
We may share your Personal Data with certain third parties under the following circumstances:
- With your consent. Except for as outlined below, we only share your information with third parties
when you have directed us to do so.
- With our Service Providers. We may share your Personal Data with our Service Providers as needed
to complete any transaction or provide any Service you have requested or in connection with the
services they provide to us, including, without limitation, order fulfillment, marketing of our products
and services, data hosting, fraud protection and prevention, and as otherwise provided in this Notice.
We require these Service Providers to exercise reasonable care to protect your Personal Data and restrict
their use of your Personal Data to the purposes for which it was provided to them.
- For identity verification. We are required by law to verify the identity of certain individuals associated
with an entity that has an account with us pursuant to a Customer Deposit Account Agreement. If we
need to verify your identity, we may provide your Personal Data to one or more third parties that provide
identity verification services to us as necessary for those third parties to verify your identity. We may
also receive Personal Data about you from these third parties in connection with their verification of
your identity. The third party identity verification service providers may include, without limitation,
Socure and Middesk. For more information about Socure’s privacy practices, please visit
https://www.socure.com/socure-products-and-services-statement. For more information about
Middesk’s privacy practices, please visit https://www.middesk.com/privacy.
- For mergers and acquisitions. We may share your Personal Data with applicable third parties in
connection with a merger, acquisition, bankruptcy or other sale of all or a portion of our assets. We
reserve the right, in connection with these types of transactions, to transfer or assign your Personal Data
and other information we, or third parties acting on our behalf, have collected to third parties or to
authorize such third parties to use any such information. Except as ordered by a bankruptcy or other
court, the use and disclosure of all transferred Personal Data will be subject to this Notice. However,
any Personal Data you submit or that is collected after this type of transfer may be subject to a new
privacy Notice adopted by the successor entity.
- For legal reasons. We may share your Personal Data with government and law enforcement officials
or private parties where necessary to enforce and comply with the law. To the extent permitted under
applicable law, we may disclose any Personal Data and other information to government or law
enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond
to and defend against legal claims, for legal process (including subpoenas), to protect our property and
rights of those of a third party, to protect us against liability, for the safety of the public or any person,
to prevent or stop any illegal, unethical, fraudulent, abusive or legally actionable activity, to protect the
security and integrity of our Platform and any equipment used to make our Platform available or to
comply with applicable laws.
- With financial service providers. We may share your Personal Data with other companies, lawyers,
agents, and government agencies in connection with issues related to fraud or debt collection.
- When you publicly post the information. We may provide opportunities for you to publicly post
reviews, questions, comments, suggestions or other content, which may include Personal Data, such as
your name or username. Anything you share in a public forum is public, and you should think carefully
before you decide to share.
MANAGING YOUR PERSONAL DATA
We offer you several choices with respect to how we use your Personal Data. This section describes the mechanisms
available to you to control the Personal Data we use about you in connection with our Platform.
- Tools to Contact Us. If you want to update any Personal Data you have provided to us, update your preferences,
control communications we send you or otherwise contact us about your Personal Data, please email us at
- Additional Tool for Communications. For email communications you receive from us, you may opt-out of
receiving such communications by following the unsubscribe instructions contained in most email messages
from us. Your unsubscribe request or email preference changes will be processed promptly, though this process
may take several days. During that processing period, you may receive additional emails from us. Please note,
opting out of email communications will only apply to marketing and other promotional emails and will not
apply to any email or other communications sent for non-marketing purposes, including, but not limited to,
emails and other communications about your interactions with our Platform.
- Marketing Opt-Out. If you do not want us to use your Personal Data to deliver targeted advertisements to you
according to our target audience preferences, you can opt out by sending us an email with your request to
[email protected]. We do not control third parties’ collection or use of your Personal Data to serve
interest-based advertising. However, these third parties, which may include our Marketing Partners, may
provide you with ways to choose not to have your Personal Data used to deliver targeted to you according to
their target audience preferences. You can opt out of receiving targeted ads from members of the Network
Advertising Initiative (“NAI”) on the NAI’s website, located at https://www.networkadvertising.org, and from
members of the Digital Advertising Alliance (“DAA”) on their website, located https://youradchoices.com.
Please note, even if you opt out from receiving targeted advertisements, you may still see advertisements based
on factors such as your general location derived from your IP address, your browser type and your search
PROTECTING YOUR PERSONAL DATA
We are committed to protecting the security of your Personal Data. We maintain commercially reasonable safeguards
to maintain the security and privacy of Personal Data we collect and use in connection with our Platform. Nevertheless,
when disclosing Personal Data, you should remain mindful that there is an inherent risk in the transmission of
information via the internet and mobile platforms. Although we take precautions to protect against the risk of
unauthorized access to your Personal Data, we cannot guarantee the security of any information, including your
Personal Data, that you disclose online, and you do so at your own risk.
We do not direct or target any piece of our Platform to children under the age of 18. If we learn that we have collected
the Personal Data of anyone under the age of 18, we will take appropriate steps to delete this information. If you are
a parent or guardian of someone under the age of 18 and discover that your child has submitted Personal Data to us,
please contact us at [email protected]. We will make reasonable efforts to remove such information from
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, under California’s Shine the Light Law (California Civil Code Section 1798.83) you
have the right to request the following information regarding our disclosure of your Personal Data third parties for
direct marketing purposes: (1) the categories of Personal Data we disclosed to third parties for their direct marketing
purposes during the preceding calendar year; (2) the names and addresses of the third parties that received the
information; and (3) if the nature of the third party’s business cannot be determined from their name, examples of the
products or services they marketed. This information may be provided in a standardized form that is not specific to
You are permitted to obtain this information from us once a year, free of charge. To make such a request, please submit
your request in writing to:
Custodia Bank, Inc.
Attn: CA Privacy Rights Request
2120 Carey Ave.
Cheyenne, WY 82001
Personal Data collected in connection with the use and operation of our Platform is initially collected in the United
States and may be stored or processed in any jurisdiction where our service providers are located. This means that
your Personal Data may be collected, stored, or otherwise processed in a jurisdiction outside of where you
reside, including, without limitation, in the United States. Please note, the United States has not been assessed
as having adequate privacy laws by some countries and economic regions.
CHANGES AND UPDATES TO THIS NOTICE
Because the methods used to protect your Personal Data and the Services we provide are continually evolving, this
Notice may change at any time. Unless otherwise noted, those changes will be effective as soon as they are posted. If
changes are made to this Notice, we will make it known on our Platform or by email and will indicate the last date it
was updated above. Please check back periodically to see if our Notice has been updated.
Your continued use of our Platform after any changes to this Notice become effective, constitutes your continued
acknowledgement that you understand that we may continue to use your Personal Data as described in this Notice.
We welcome your questions, comments and concerns about privacy. Please email us at [email protected]
with any questions or feedback you have pertaining to our privacy practices.