POLICY REGARDING PRIVACY AND USE OF INFORMATION
1. PRIVACY STANDARDS
eTCE is committed to protecting the privacy of your personal information regardless of where your personal information is collected, processed, or stored. eTCE maintains certain physical, electronic and procedural safeguards that restrict unauthorized access to your personal information and trains employees about privacy and limits access to this information.
2. HOW WE PROTECT AND STORE PERSONAL INFORMATION
eTCE stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. Some of the safeguards eTCE use are firewalls and data encryption, physical access controls to eTCE’s data centers, and information access authorization controls.
3. INFORMATION WE RECEIVE ABOUT YOU
3.1 When you visit the Website, and when you otherwise communicate with eTCE, eTCE collects information sent to eTCE by you, and your computer, mobile phone or other access device. The information collected by eTCE includes data on the pages you access, your computer IP address, device identifiers, the type of operating system you’re using, your location, mobile network information, standard web log data and other information. Web log data includes the browser type you’re using and traffic to and from eTCE’s site. When you visit the Website, eTCE also collects information about your transactions and your activities.
3.2 In addition, when you create an eTCE profile eTCE may collect the following types of information:
3.2.1 Log-In ID and Password (as defined in Section 5.1 of the TOS) information;
3.2.2 Registration information including your name, contact information, social security number and tax payer ID number;
3.2.3 Listing information to buy and sell on the Website including information about the Project (as defined in Section 7 of the TOS) and the Tax Credit certification; and
3.2.4 Financial information, such as the full bank account numbers that you link to your eTCE account or give eTCE when you enter into a transaction on the Website.
3.3 eTCE may collect information from you to satisfy eTCE’s obligations with respect to eTCE’s compliance with OFAC regulations, and other regulatory requirements and Applicable Law (as defined in Section 16 of the TOS). This means that eTCE may request information from you due to a specific identification requirement or as a result of eTCE’s watch list screening process. eTCE may ask you to provide documentation to help confirm your identity or provide additional information regarding your business. eTCE has the right, but not the obligation, to make any inquiries eTCE, in its sole discretion, considers appropriate to validate your identity. Such inquiries may include, without limitation: requests for you to provide identifying and other information or make certifications with respect thereto, credit checks, compliance checks, or other searches through one or more public or private databases or resources. You will cooperate fully with any such inquiry, and promptly provide to eTCE any consents and information requested by eTCE in connection therewith.
When you access eTCE’s Website eTCE may place small data files on your computer or other device. These data files may be cookies, pixel tags, flash cookies, or other local storage provided by your browser or associated applications (“Cookies”). eTCE uses these technologies to: recognize you as a customer and verify your identity; customize eTCE’s services, content, and advertising; help ensure that your account security is not compromised and mitigate risk and prevent fraud on eTCE’s Website. eTCE uses both session and persistent Cookies. Session Cookies expire and no longer have any effect when you log out of your account or close your browser. Persistent Cookies remain on your device until you erase them or they expire. eTCE encodes eTCE’s Cookies so that eTCE can interpret the information stored in them. You are free to decline eTCE’s Cookies if your browser or browser add-on permits, but doing so may interfere with your use of eTCE’s Website. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling Cookies.
5. HOW WE USE THE INFORMATION WE RECEIVE
Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. eTCE may use your personal information to:
5.1 Provide eTCE services and customer support;
5.2 Process transactions, effect Tax Credit transfers and related payments, and send notices about your transactions;
5.3 Resolve disputes, collect fees, and troubleshoot problems;
5.4 Comply with Applicable Law, or otherwise prevent potentially prohibited or illegal activities;
5.5 Enforce the TOS and other eTCE Agreements;
5.6 Customize, measure, and improve eTCE services and the content, layout, and operation of eTCE’s Website and applications;
5.7 Deliver targeted marketing, service update notices, and promotional offers based on your communication preferences;
5.8 Contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging; and
5.9 Compare information for accuracy and verify it with third parties.
6. HOW WE SHARE PERSONAL INFORMATION WITH OTHER PARTIES
6.1.1 received your permission;
6.1.3 removed your name or any other personally identifying information from it; or
6.1.4 to satisfy eTCE’s obligations under Applicable Law, as eTCE, in its sole discretion, interprets such obligations.
6.2 Regardless, eTCE will not disclose your bank account number to anyone you have paid or who has paid you through eTCE, or with the third parties that offer or use eTCE services, except with your express permission or if eTCE is required to do so to comply with ACH transfer rules, a subpoena or other legal process, Applicable Law, or to enforce an eTCE Agreement, in each case as eTCE, in its sole discretion, interprets such obligations.
7. WITH WHOM WE SHARE PERSONAL INFORMATION
eTCE may share your personal information with:
7.1 Members of eTCE corporate family to provide joint content, products and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of eTCE’s policies, and to guide decisions about their products, services and communications.
7.2 Service providers under contract who help with eTCE’s business operations such as fraud prevention, bill collection, marketing and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for eTCE and not for their own benefit.
7.3 Financial institutions that provide the ACH Transfer services to complete the transaction. These institutions may share information about you with eTCE, such as your email address or mobile phone number, to inform you that a payment has been sent to you or when you attempt to make a payment. eTCE uses this information to confirm that you are an eTCE customer and that ACH Transfer as a form of payment can be enabled, or to send you notification of payment status. Also, if you request that eTCE validate your status as an eTCE customer with a third party, eTCE will do so.
7.4 Any Governmental Authority or Supervising Authority (as defined in Section 16 of the TOS) relevant to any of the Tax Credits.
7.5 The Seller/Purchaser counterparty in order to complete the Notice of Transfer.
7.7 Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to eTCE or any eTCE Affiliate (as defined in Section 25 of the TOS). For the avoidance of doubt, eTCE may report any information eTCE collects to one or more Governmental Authorities to the extent eTCE, in its sole discretion deems such reporting necessary.
7.8 When eTCE needs to do so to comply with Applicable Law or credit card rules; or when eTCE believes, in eTCE’s sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of eTCE’s TOS.
8. HOW YOU CAN RESTRICT USE OF PERSONAL INFORMATION
eTCE maintains your preferences for use and sharing of information, including how eTCE can contact you. Applicable Law may allow you to restrict the sharing of your personal information in certain instances. eTCE does not share your personal information with third parties for their marketing purposes unless you have given your explicit consent.
9. CHILDREN UNDER THE AGE OF 13
The Website and the Services are not intended for, and eTCE has no intention of collecting personal information from, persons under the age of 13. If eTCE obtains actual knowledge that a person under the age of 13 has provided eTCE with any personal information eTCE will use all reasonable efforts to delete such personal information from its database. If you are under the age of 13, you are not authorized to access or use the Website or Services, or to submit any content or information to the Website.
10. DEACTIVATING YOUR ACCOUNT