Last updated May 30, 2018
This Policy describes how we collect, use, transfer, and safeguard information about you and your options regarding accessing or modifying such information. The Policy applies when you:
- Agree to the Bitmo Terms and Conditions;
- Visit or utilize a Bitmo website on which this Policy is posted;
- Download any Bitmo Service (such as the Bitmo app) to your mobile device;
- Create a Bitmo account through the Bitmo app or any other account for a Bitmo Service;
- Use any Bitmo Service to conduct a Payment Method transaction, carry out any Bitmo Merchant Loyalty/Rewards Account program function (such as point accrual or reward redemption) using a Bitmo Service, or to opt-in, review or redeem any advertisements or offers through a Bitmo Service
In this Policy we use the terms “personal information” and “personally identifiable information” or “PII” to describe information that can be associated with an individual and can be used to identify that individual. We do not consider personal information or PII to include information that has been anonymized or aggregated so that it does not identify an individual. You represent that if you give us PII on behalf of someone else, the person providing the PII to you gave you consent to provide their individual information to Bitmo. If someone else gives us PII on your behalf, you represent that you gave that person consent to provide your PII to Bitmo.
If you have any questions about this Policy, please email email@example.com or address a letter to:
5411 Avenida Encinas Suite 255
Carlsbad, CA 92008
In this Policy, the following definitions apply:
“Bitmo” means the Bitmo standalone mobile app or any payment functionality Bitmo provides in any separate Bitmo Merchant app.
“Bitmo Account” means the account you create by registering your mobile device to use the Services through either the Bitmo app or any separate Bitmo Merchant app using Bitmo.
“Feedback” means all feedback, suggestions, and ideas you provide to Bitmo concerning improvements or enhancements to the Services. “Feedback” may also include survey responses or other reporting methods.
“Loyalty/Rewards Account” means a loyalty/rewards account you have with a participating Bitmo Merchant that you choose to load into your Bitmo Account that will be used in conjunction with all of your purchase of goods and services at that participating Bitmo Merchant unless and until you remove that Bitmo Merchant’s Loyalty/Rewards Account from Bitmo.
“Bitmo Merchant” means a merchant that participates in the “Bitmo Network.”
“Bitmo Network” means the mobile payments network developed and managed by Bitmo Inc., which includes the Bitmo app and any other product or Service created, developed or facilitated by Bitmo.
“Payment Method” means the payment type or account you load into your Bitmo Account to pay for goods and services at participating Bitmo Merchants.
“Personal Information” or “Personally Identifiable Information” (or “PII”) means information that can be associated with an individual and can be used to identify that individual, and may include Feedback, User Generated Data or any other PII necessary to participate in the Services.
“Services” means the mobile products or services offered by Bitmo online and offline.
“Third-Party Provider” means a third-party service provider retained by Bitmo whose products, services or support may be used to provide the Services, including Payment Method issuers.
“User Generated Data” means any information generated by your use of the Services, including automatic reporting and other tools that give you the ability to create, post and distribute various forms of content for, and in connection with, the Services, including, but not limited to: payment transaction data; pictures; photographs; videos; and other information, including content generated by you. For pictures, photographs, and videos, the User Generated Data includes only those pictures, photographs, and videos that you take through Bitmo, and does not include those pictures, photographs, and videos you take via the standard functions on your mobile device, or that you take through any other app not related to Bitmo.
How We Collect Information
Bitmo collects information from you regarding your use of the Services in the following ways:
Bitmo will collect information from you, including PII, when you interact with the Services. For example, you provide information to Bitmo when you:
- Sign up for the Bitmo app, update profile information, or any other Bitmo information;
- Add a Payment Method to Bitmo;
- Initiate or complete a Payment Method transaction, a Loyalty/Rewards Account transaction or redeem an offer using the Services (including the location information of the physical point-of-sale terminal where such Payment Method transaction or Loyalty/Rewards Account transaction occurs for Bitmo’s operational uses, such as transaction record information and fraud detection/prevention);
- Opt-in to receive advertising or offers or other marketing communications as part of the Services;
- Interact with any advertising or offers in the Services;
- Redeem a promo code or other offer;
- Complete a survey related to the Services; or
- Receive customer support
In addition, Bitmo may collect other information through the Services. For example, Bitmo collects data through use of technologies such as:
- Location-based services for which you opt-in or location detection technology, such as GPS signals, sent by your mobile device;
- Please note that failure to opt-in for location-based services using your mobile device may reduce or eliminate some of the Bitmo features or other Services available to you
- Device identifiers (such as unique device identifiers or device fingerprint);
- Data analytics (such as analyzing anonymized and aggregated data generated by the Services);
- Services analytics (such as diagnostics to improve the functionality of the Services); or
- Physical point-of-sale terminals for advertising and marketing Services that you opt-in to receive.
Bitmo Inc. sometimes obtains PII from other sources, such as through mergers and acquisitions with other companies, as well as through commercial arrangements with Third-Party Providers, business partners, and other sources. Information Bitmo receives from a third party is subject to your separate agreement with such third party, unless you enter into a separate agreement with Bitmo or otherwise give Bitmo your permission to use such information. Bitmo may merge information Bitmo receives from third parties with information Bitmo has collected or will collect subject to such limitations.
Information We Collect
You must provide Bitmo with the following information in order to use the Services requested:
- Your full legal name, date of birth, physical address, email address, and mobile device number;
- Payment transaction data and details for payments made for goods and services at participating Bitmo Merchants;
- Payment Method data you choose to enter into Bitmo, as well as information needed to complete Payment Method transactions. Payment Method data may include your bank account information, credit or debit account or gift card or stored value account details, related security codes or other payment credentials;
- Additional PII required for authentication of Payment Methods you choose to enter into Bitmo, such as driver’s license number, social security number, or answers to challenge and response questions used to authenticate your identity.
- Loyalty/Rewards Account IDs or account numbers;
Optional circumstances that may necessitate PII collection:
- Interest in and use of advertising, marketing and offers in conjunction with use of Bitmo;
- Responses to survey questions regarding the Services
- Please note if you participate in surveys, Bitmo will collect the information you provide to Bitmo, which may include PII;
- Your user preferences, product and Services interests, communication choices, and other user profile information, including Feedback and User Generated Data;
- Your protected health information, claims or other information used to measure your health or wellness if such information is included in your Payment Method transactions.
- Please note that while direct protected health information is not normally required for a Payment Method transaction, some protected health information, such as the number of prescriptions you purchase each month, or the location of the pharmacy or store where you purchase prescriptions, may be included in information generated in conjunction with a Payment Method transaction.
General Information Automatically Collected by Bitmo When You Use the Services
Bitmo uses location detection technology to determine your approximate location, nearby Wi-Fi access points, and cell towers. When you use the Services, Bitmo automatically collects and stores certain information in activity logs such as details of how you used the Services.
Special information is automatically collected for certain Services. For example, if you use the Services in connection with a mobile device or mobile application, Bitmo will automatically collect additional information about you, your device, and the Services on your device such as:
- Mobile device settings and operating information such as system and version; screen resolution; services version (e.g. 1.0, 2.0, etc.); and device type, identifiers or capabilities;
- System activity;
- Hardware settings;
- Total amount of time spent in the Services;
- User creation time;
- Length of Services session.
Unique Information Generated by Your Use of the Services
Bitmo also collects certain types of unique information generated by your use of the Services such as:
- Application identifiers;
- Session ID and User ID in connection with use of Bitmo Account;
- Information, including usage information, such as frequency of use or average number of minutes for use, generated through use of the Bitmo Account;
- Date and time;
- Location of purchases to complete a Payment Method transaction;
- Internet Protocol (IP) address;
- Other transaction data such as amount of purchase, store name or register number;
Optional circumstances that may necessitate unique information generated by your use of the Services:
- If you opt-in for certain location-based advertising and marketing Services or other Services
- For example, such information will be used to “recognize” you within a store or specific geographic location to provide relevant ads and offers, or in conjunction with a Bitmo Merchant’s loyalty/rewards program or customer appreciation activities
- If you opt-in for other location-based services, location information necessary to provide such Services
- For example, store locators and directions
- If you opt-in for Services involving advertising or offers, transaction data for marketing purposes that is used to generate relevant advertising and offers, which may be used in conjunction with such advertising or offers;
- If you opt-in and register your Loyalty/Rewards Accounts with a participating Bitmo Merchant, information necessary for you to participate in such loyalty/rewards program.
- Please note that Bitmo will automatically transmit information regarding any loyalty/rewards benefits based upon the rules of the specific Bitmo Merchant’s loyalty/rewards program. Information about these loyalty/rewards is shared only with the Bitmo Merchant or issuer owning or operating the loyalty/rewards program. Use of your information is governed by the Bitmo Merchant or issuer owning or operating the loyalty/rewards program. Refer to their terms and conditions governing use of your information.
How We Use Information We Collect
We use information we collect to: conduct business and improve the effectiveness of Bitmo Services; develop new products and Services; provide information and support for the Services; conduct research and analysis including focus groups and surveys; better understand your needs and interests; personalize communications and advertising/offers; promote a quality experience for users of Services; and to perform other business activities related to the Services as needed or as otherwise described in this Policy.
For example, we will use your information to:
- Create and maintain your Bitmo Account(s);
- Communicate, interact and build the Bitmo relationship with you;
- Gather transaction statistics relating to your use of Bitmo in order to collect information to measure, analyze and improve the Services;
- Manage dispute resolution and perform customer service activities;
- Customize the content, products, and features (including marketing offers that you opt-in to receive) that are offered to you in the Services;
- Process, fulfill, and follow up on transactions and requests for products, services, support, and information via the Services;
- Engage in market research and analysis;
- Comply with legal requirements;
- Enforce our agreements;
- Deter, detect, and prevent fraud and other prohibited or illegal activities.
How We Share and Disclose Information
Bitmo may share or disclose your information with:
- Bitmo Merchants based on your purchase of goods and services from that Bitmo Merchant, or participation in that Bitmo Merchant’s loyalty/rewards program;
- Third-Party Providers involved in providing the Services;
- Third-Party Providers using your information on Bitmo’s behalf in connection with signing up for a Bitmo Account;
- Third-Party Providers using your information on Bitmo’s behalf in connection with loading a Payment Method into Bitmo;
- Third-Party Providers using your information on Bitmo’s behalf in connection with a potential or actual Payment Method transaction;
- Third-Party Providers or Bitmo Merchants using your information on Bitmo’s behalf in connection with loading of and use of a Loyalty/Rewards Account in Bitmo;
- Third-Party Providers using your information to evaluate and enhance the performance of the Services;
Bitmo reserves the right to disclose any PII necessary to protect the rights or safety of any person or entity at its sole discretion.
Bitmo reserves the right to disclose any PII necessary to detect or respond to instances of potential or actual fraud or other illegal activities, to respond to a law enforcement agency’s request for information or cooperation in an investigation, or to respond to judicial process or other valid government investigation or process, at its sole discretion.
Cookies and “Do Not Track”
Bitmo does not track your activities on other mobile apps. Bitmo does not allow Third-Party Providers or other third parties that we have agreements with to track your activities across different mobile apps when you use Bitmo. Bitmo may share information with software companies that power your mobile device or app stores and companies that provide common tools and information for apps about consumers.
Your browser may be set to allow you to be notified when a cookie is to be placed on your browser, decline the cookie or delete cookies that have been placed on your browser. For general information regarding opt-out, you can visit the Networking Advertising Initiative (NAI). You can also find specific information regarding opting out of interest-based advertising that uses web browser and cookie information at this specific NAI webpage. You may also check your web browser’s instructions. Some functions of our website may not work or may work slowly if a cookie is refused.
Our website uses third party service providers to serve and host our advertisements. These third parties may place cookies on your computer if you click on or access the advertising. The third party cookies are used to track whether the site was accessed from the advertisement. The cookies generated from the advertisements do not contain PII. We do not control these cookies and they may not follow the rules we have set for our own cookies.
We also use invisible pixels, sometimes called web beacons, on our website to count how many people visit certain web pages and to collect other website usage information. Information collected from invisible pixels is used and reported in the aggregate without the use of a customer’s Personally Identifiable Information.
Use of our Services is only available to individuals who are of legal age to contract in their applicable state of residence. Bitmo’s Services are not directed to children under 18 years of age. If that policy changes, we will obtain consent from a parent or guardian before we knowingly collect data from anyone under the age of 18.
Enforcement of this Policy
Bitmo regularly reviews its compliance with this Policy. Please submit any questions or concerns regarding this Policy or Bitmo’s treatment of PII to Bitmo’s physical address or email address referenced above.
Changes to this Policy
Please note that this Policy may change from time to time. We will update Policy changes at this URL or, if the changes are significant or reduce your rights in any material manner, by a more prominent method.
Our Commitment to Security
We have put in place appropriate administrative, technical, and physical safeguards to help prevent unauthorized access and maintain data security and correctly use the information we collect. No system can be completely secure, however, and we do not guarantee that unauthorized disclosures and access will not happen.
Please submit any questions or concerns about your information to Bitmo’s physical address or email address referenced above. We will provide you the personal information requested if reasonably available, or will describe the types of personal information we typically collect. We will make reasonable efforts to respond to your question as soon as possible.
Before we provide access to any data, including PII, or make any changes to it we will ask you to verify your identity or provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. We may keep a copy of information for our records. Your right to review, update, correct, and delete your PII may be limited, subject to the law of your jurisdiction of residence: (i) if your requests are abusive or unreasonably excessive, (ii) where the rights or safety of another person or persons would be encroached upon, or (iii) if the information or material you request relates to existing or anticipated legal proceedings between you and us, or providing access to you would prejudice negotiations between us or an investigation of possible unlawful activity. Your right to review, update, correct and delete your information is also subject to our records retention policies and applicable law, including any statutory retention requirements.
Additional Financial Disclosures
By using our services, you authorize Bitmo to hold your deposits for your benefit at Evolve Bank & Trust, Member FDIC, in an account (“FBO Account”). For purposes of applicable FDIC deposit insurance limitations, please note that deposits in Evolve Bank & Trust FBO Account may not be separately insured from any other deposit accounts you may have with Evolve Bank & Trust.
By entering into this agreement, you agree to the Terms of Service of SynapseFI (our banking software provider) which are incorporated herein by reference.
Bank services are provided by Evolve Bank, Member FDIC, through our banking software provider, SynapseFI. To report a complaint relating to the bank services, email firstname.lastname@example.org.
By utilizing Bitmo’s Services, you agree to not dispute any transaction initiated by you via the Bitmo app. You also understand that Bitmo will not provide refunds for goods or Services it has provided. All claims of potential or actual fraud must be initiated and settled by the Bitmo Account holder’s financial institution.
Please allow 1-2 business days (excluding bank holidays) for settlement of all transactions initiated on the Bitmo app. Bitmo’s goods and Services will not be provided until the applicable transaction has settled. Cancellation requests made by the Bitmo Account holder may not be fulfilled based on the transaction status as of the day and time of the request.
Bitmo reserves the right to initiate, pend, cancel, and refund transactions at its sole discretion in instances of potential or actual fraud or promotion abuse based on, but not limited to, the following factors: PII; Payment Method, device identifiers; or suspicious activity within the Bitmo app. Bitmo reserves the right to withhold delivery of goods and Services until potential or actual fraud or promotion abuse is investigated or for up to 14 business days past the settlement date of the applicable transaction(s). In the instance of returned transaction, Bitmo reserves the right to payment recovery by initiating a transaction of the same amount from the Account holder’s Payment Method.
General Terms and Conditions
Unless otherwise noted, all Bitmo promotions are limited to one per user, per household during the promotional period while supplies last. In order to qualify for a promotion, users must have an active, verified Bitmo Account. Free gifts do not qualify to be transferred to another Bitmo user. Subject to promotion details, free and discounted gifts may not qualify to be transferred to other users or exchanged for another retailer.
Bitmo maintains a zero-tolerance policy for users who abuse promotions through falsified or misrepresented PII or other means. All instances of abuse will result in a complete revocation of promotional gifts and permanent ban from the Bitmo app. Bitmo reserves the right to deny promo code redemptions and enforce permanent platform bans at its discretion. Such reasons include but are not limited to:
- The creation of fraudulent or duplicate user profiles on the Bitmo app;
- Suspected promo code abuse or any attempt to “game the system”;
- Identity mismatch from Payment Methods, public records, etc.;
- The unauthorized distribution of promo codes to new or existing users
Promotion redemption may be contingent upon additional actions in or outside of the Bitmo app such as completion of the user’s Bitmo profile, social media participation, etc. It is the user’s responsibility to read all terms and conditions outlined in this document and the applicable marketing campaign. If the user doesn’t understand the terms and conditions, it is their responsibility to contact email@example.com to seek clarification before the promotional period has ended.
Free Gift Promotions
Unless otherwise noted, free gift promotions are intended for new users only. The definition of a “new user” is someone who:
- Has never signed up for the Bitmo app, and
- Has never received a promotional gift
Free gifts are subject to the retailer and gift amount advertised in the applicable marketing campaign shared via Bitmo’s website, social media page(s), email or SMS message(s). Free gifts sent via the “Invite Friends” link or referral program are subject to these same terms and conditions..
Discounted Gift Promotions
Unless otherwise noted, discounted gift promotions are available to new and existing users.
Discounted gifts are subject to the qualifying gift retailer and/or gift amount advertised in the applicable marketing campaign shared via Bitmo’s website, social media page(s), email or SMS message(s).
Regardless of the discount type or amount, all discounted gift promotions require a valid Payment Method.