Custodia Bank, Inc. Privacy Policy

Last updated: February 21, 2022

Custodia Bank, Inc. (“Custodia”) operates a public website at www.custodiabank.com (the “Site”). Custodia is committed to maintaining the confidentiality, integrity, and security of Personal Information (defined below). This Privacy Policy (this “Policy”) describes how Custodia (“we,” “us,” “our”) collect, use, share, and protect Personal Information, and your choices about the collection and use of Personal Information.

This Policy applies to Personal Information collected or processed through the Site (collectively, the “Service”). By using the Service, you acknowledge and consent to our practices described below. If you do not agree to these terms, you may not enroll in or use the Service. Pursuant to this Policy, you direct our partner financial institution(s) to share your transactional data with Custodia, and you direct Custodia to share your data with its users, vendors, partners, and affiliates at its discretion, in a way that would otherwise be contrary to this Policy.

To help the government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act, a Federal law, requires financial institutions to obtain, verify, and record information that identifies each business that opens an account and the personal information of its owners or representatives. Therefore, when applying to become a customer, Custodia, on behalf of its partner financial institution, we will collect personally-identifying information about you personally and about our business to establish and maintain your account. Personal information may include, but is not limited to, your name, personal address (residential address required, no PO box address allowed), date of birth, social security number (SSN), and other similar information. Business information may include, but is not limited to, your business name, tax identification number, business address, business telephone number, business bank account information, business-related documentation, telephone number, and email address. Additional information will be requested at account opening and may be requested throughout the life of the account relationship to meet regulatory and legal requirements. If you choose to provide us with personal information, business information, financial information, and financial data, you consent to the transfer and storage of that information on our servers (including cloud service providers) located within the United States.

The Service is available only to businesses domiciled in the United States.

If you have questions about this Policy, please do not hesitate to contact us at [email protected].

1. WHAT IS PERSONAL INFORMATION?

“Personal Information” is information that, either alone or in combination with other information, identifies you. Examples of Personal Information include, among others, name, email address, phone number, and mailing address. When we combine Personal Information with other information (such as the name of the company you work for), we treat the combined information as Personal Information.

2. TYPES OF PERSONAL INFORMATION WE COLLECT AND USE

A. Information that You Provide to Us

At this time, we do not request any information on the Service. You may provide your email address on the Service; this is optional, and you may choose not to provide it to us.

B. Information We Receive through Your Use of the Service

We collect the following types of information automatically through your use of the Service:

Cookies, Device Identifiers, and Similar technologies

Similar to many digital platforms, we collect certain information through cookies, web beacons, and other identifiers when you use our Services in order to provide, improve, protect, and promote our Services.

Cookies are small text files containing strings of alphanumeric characters that may uniquely identify your browser and let us help you log in faster and enhance your navigation through our website. A cookie may also convey information to us about how you use the Services (e.g., the pages you view, the links you click, how frequently you access the Services, and other actions you take on the Services), allow us to track your usage of the Services over time, and help us remember information about your visit. You can set your browser to not accept cookies, but this may limit your ability to use the Services.

Our website uses the following types of cookies:

  • Essential Cookies: These cookies are necessary to provide you with the Service available through our website.
  • Performance and Functionality Cookies: These cookies are used to enhance the performance and functionality of our website.
  • Analytics and Customization Cookies: These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or customize our website for you.
  • Advertising Cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interest.
  • Social Networking Cookies: These cookies are used to enable you to share pages and content that you find interesting on our website through third-party social networking and other websites. These cookies may also be used for advertising purposes.

This Policy does not cover the collection of information by cookies or other methods by third parties. Please see How to Remove Cookie Tracking below for details on how to disable cookie tracking.

Location Data

If you grant us access (via browser or device settings), we may collect information concerning the location of your device. We use this information to help personalize the Service by providing you more relevant information and to help expedite the insertion of your address when signing up for an account. You may deny us access to this information but doing so may make certain features unavailable.

Other Identifiers

Web beacons or tracking pixels or clear gifs are another tool we may employ. A tracking pixel is a transparent graphic image that is placed on a web page and, in combination with a cookie, allows us to collect information regarding the use of the web page that contains the tracking pixel. We use tracking pixels to trigger ads on participating websites based on activity tracked from the browser on a device used to visit our website.

Tracking pixels can also be used for third-party web analytics and are used in HTML-based emails we send you to track which emails are opened and which links you click. The information collected from web beacons allows for more accurate reporting and improvement of the Service.

Although we do our best to honor your privacy preferences, we are not able to respond to “Do Not Track” signals from your browser or device at this time.

Log File Information

When you use our Service, our servers automatically record information, including your Internet Protocol address (“IP Address”), browser type, referring URLs (e.g., the site you visited before coming to our Site), number of clicks, and how you interact with links on the Site, domain names associated with your internet service provider, pages viewed, and other such information (collectively, “Log File Information”). We may also collect similar information from emails sent to you which then help us track which emails are opened and which links are clicked by recipients. We use Log File Information collected from our implementation of the Site to further our legitimate interests in securing the Site by identifying potential threats and vulnerabilities, and in analyzing the effectiveness of our Site to improve the Site’s function and content.

How to Remove Cookie Tracking

We use tools, such as Google Analytics, to facilitate the collection of information. If you wish to disable Google Analytics from all websites you visit (not limited to our website), you can follow this link. The information gathered through the tools we employ is used to create reports about the use of our website and the Service.

Please contact us if you wish to opt-out of any of the tools we use. We reserve the right to add more tools or disable tools and will update this Policy to reflect these changes. Your request to disable such tools or your disabling of tools may limit your ability to access and utilize the Service.

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can obtain information about blocking and deleting cookies on certain web browsers via these links: Chrome, Firefox, Safari, and Edge.

3. HOW WE USE PERSONAL INFORMATION

Currently, we do not use Personal information in any way. However, we may in the future use Personal Information as necessary to provide the Service and to provide a high-quality experience for Site visitors.

More specifically, we may in the future process Personal Information to:

  • Facilitate transactions on the Site;
  • Communicate with you about account transactions or to provide you with information about Custodia’s content, product or services;
  • Send you requested information, such as newsletters;
  • Enable secure use of the Service;
  • Screen for and reduce fraud, spam, abuse, and security problems;
  • Provide you with support;
  • Show you content that may be of particular interest to you while you are on the Service;
  • Improve our Site, such as improving the content or organization, developing new platform features, identifying target audiences for our external advertising, and supporting publicity efforts;
  • Comply with applicable laws and regulations (e.g., determining your eligibility to complete transactions on our Site);
  • Protect our rights or our property; and
  • Use for other purposes related to the reasons for which you provide Personal Information.

If the European Union General Data Protection Regulation (“GDPR”) applies, our legal basis for collecting and using the information described in this Policy will depend on the information concerned and the context in which we collect it. We collect Personal Information from you:

  • where we need it to perform a contract with you;
  • where the processing is in our legitimate interests (which include the purposes listed, above);
  • where processing is necessary for compliance with an applicable legal obligation; or
  • if we otherwise have your consent

4. HOW WE DISCLOSE PERSONAL INFORMATION TO OTHERS

Custodia will not disclose Personal Information about you to third parties except with your consent or as follows:

  • To Service Providers: We may provide information, including Personal Information, to third parties who work for us, such as companies that verify credit card information, process credit card payments, manage e-signing, analyze data, manage contact information and communications, remove repetitive information from customer lists, and provide marketing services. Further, our Site is hosted by third parties and we use third-party infrastructure monitoring services. These third parties may have inadvertent or incidental access to your data. These providers are not authorized to further disclose your data or to use your data for any purpose other than providing services to us. For more information, including ways to limit certain types of disclosures, please see Appendix: Custodia Service Providers at the end of this Policy.
  • To Companies Involved in Mergers and Acquisitions Transactions: We may in the future sell all or part of our assets or be involved in a merger. Any information collected through the Service, including Personal Information, may be among the items sold or transferred.
  • To Comply with Applicable Law or Protect against Fraud or Other Harm: When we believe disclosure is appropriate to comply with the law, to enforce our terms of use and other rights, or to protect the rights and safety of others. This may include exchanging information with government regulatory or law enforcement agencies or with other companies and organizations for fraud protection and legal compliance.

5. HOW WE PROTECT PERSONAL INFORMATION

Custodia discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Custodia’s behalf or to provide services available at Custodia’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Custodia’s Services, you consent to the transfer of such information to them. Custodia will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, Custodia discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Custodia believes in good faith that disclosure is reasonably necessary to protect the property or rights of Custodia, third parties or the public at large.

If you are a registered user of the Custodia Service (i.e., a customer) and have supplied your email address, Custodia may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Custodia and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Custodia takes all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.

The security of your personal information is important to us. We utilize physical, electronic, and procedural security measures to protect against the loss, misuse, and alteration of information under our control. We offer industry-standard practices and security measures to safeguard and secure the personal information we collect. However, some of the applications or networks that you use may not be completely secure, thus we cannot guarantee absolute security. We have implemented security measures to protect Personal Information from loss, misuse, and alteration. For example, we use bank-level security measures to protect sensitive Personal Information (such as bank account information) from unauthorized use and disclosure. Your submissions of sensitive Personal Information on our website are encrypted using secure socket layer technology (SSL). We may update our security methods and procedures as appropriate. Nonetheless, it is important to note that no method of transmission of information over the internet is free of security risk. Despite our security measures, Custodia makes no guarantee that Personal Information will not be breached. We cannot assume responsibility or liability for unauthorized access to our servers and systems.

6. RETENTION OF PERSONAL INFORMATION

We will retain your information for as long as your account is active or as needed to provide you with our Service, and we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. PERSONAL INFORMATION TRANSFERRED FROM OUTSIDE THE UNITED STATES

If you are using the Service from outside the United States, please be aware that Personal Information may be transferred to, stored, and processed in the United States. Although we take steps to provide adequate safeguards, the data protection laws of the United States might not be as comprehensive as those in your country. By using the Service, you consent to Personal Information being transferred to the United States for the purposes described in this Policy.

8. OPTING OUT OF RECEIVING EMAIL COMMUNICATIONS

With your permission, we may send notifications, promotions, or other information via email (“Communications”). You may follow the unsubscribe instructions in any email you receive. You may also send a global unsubscribe request to [email protected] Please note that certain Service-related Communications are necessary for the proper functioning and use of the Service (e.g., to provide you with confirmation of your account setup) and you may not have the ability to opt-out of those Communications.

9. YOUR RIGHTS

If you would like to access, amend, erase, export, or object to or restrict the processing of, Personal Information about you, you may submit a request to [email protected] We will promptly review all such requests in accordance with applicable laws.

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information. We encourage you to first reach out to us at [email protected], so we have an opportunity to address your concerns directly before you do so.

10. CHANGES OF CONTROL

In the event that a Custodia entity merges with another entity, is sold, or transfers its assets, we may disclose or transfer your Personal Information in connection with the negotiation and/or conclusion of such transaction.

11. CHANGES TO OUR POLICY

We may change, modify, add, or remove portions of this Policy at any time. We will provide you with notice of material changes to the Policy as appropriate under the circumstances (e.g., by posting a notice on the Service; by sending an email to you if you are a registered user). Any changes or updates will be effective immediately upon posting to this page, and the date of such change or update will be posted at the top of the page.

12. INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our agents, representatives, and other authorized users, and each of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Policy or claims arising from our Service. You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

13. CONTACT US

Please contact Custodia with any questions or concerns regarding our policy.

Custodia Bank, Inc.
P.O. Box 87
Cheyenne, WY 82003

OR

By e-mail at: [email protected]