Privacy

Last updated: June 23, 2023 

This is the Privacy Policy (“Privacy Policy“) that governs how we, DailyPay Inc. (collectively “DailyPay”, “we”, “our”, or “us”), use personal information that we collect, receive and store about individuals in connection with the use of our On-Demand Pay (“ODP”) websites, mobile apps, and features, programs and partnerships which we offer in connection with the DailyPay ODP platform, and any other offerings for which another privacy policy does not govern (collectively, the “Services”). We have implemented this Privacy Policy because your privacy, and the privacy of other users, is important to us. This Privacy Policy explains our information practices and the choices you can make about the way your personal information is collected, used, and shared in connection with our Services, and in accordance with our Consumer Privacy Notice.

Unless we link to a different policy or state otherwise, this Privacy Policy applies when you visit or use our Services.  

Hi, We’re DailyPay!

1.0 About DailyPay. DailyPay is the leading fintech provider that enables employees to harness the power of their pay and provides innovative financial products and solutions to consumers. 

Personal Information Collection, Use, Disclosure and Anonymization

2.0 Information Collected. We, our service providers, and our third-party non-affiliates receive and/or collect personal information from or about you in the following ways (we also provide examples of how we may use the data):

2.1 We collect personal information from you, your bank, your employer, and the third-party non-affiliate to whom you provide the information used to provide our Services. The personal information categories may include:

• • identifiers, such as your first and last name and email address; 
  • government-issued identification cards or the data they reflect, such as your driver’s license or state ID card; 
  • employment or financial-related information, such as pay information and information relating to the account to which the pay is directed; 
  • geolocation data, internet or network activity, such as general location or IP address for security and data validation purposes; 
  • user interface information on our site or in our mobile application, such as keystrokes, mouse clicks, page flips, and what you viewed to provide faster and better user support and aid our engineering team in solving bugs and improving user experience;
  • communications with DailyPay via chat or phone call, to provide customer service; 
  • other technical information including your browser type, service provider, or operating system; and
  • login credentials for your DailyPay account.

The purposes for use of personal information within these categories are included below.

2.2 Account. In order to utilize our Services, you are required to create an account (‘Account’). We may offer different options to create an Account, including:

• • Online Registration Form: You may choose to complete and submit an online registration form. As part of the registration process, you may be asked to provide us with an email and mailing address, mobile phone number, date of birth, proof of identity documentation, and a password that you will use to access your Account, as well as other information that may be required to open your Account.
  • Third-Party Accounts: You may choose to create (or supplement) an Account by clicking on a ‘connect,’ ‘sign on,’ or an equivalent button that we may display on the site for a designated account that you have with a third-party website or service (each a ‘Third-Party Account’). Doing so will enable you to link your DailyPay Account and your Third-Party Account. If you choose this option, then we will obtain certain information, including personal information, from your Third-Party Account. The information that we obtain from your Third-Party Account is information that you have chosen to make available to us as part of your use of your Third-Party Account, and is typically identified in the privacy policy of your Third-Party Account provider. You acknowledge the Third-Party Account is governed by the terms of use and privacy policy of that account provider. Please note that to use this option, you will need to have, and may need to be signed-in to, an existing Third-Party Account.

Regardless of which method you choose to register your Account, we may send an email or text message to your nominated email address, mobile phone number, or to the email address that you have designated in your Third-Party Account to instruct you how to confirm your registration.

2.3 Your Interactions with Us

• • Contact Us Information. If you send us a ‘Contact Us’ request, whether by calling our customer service number, submitting an online form, emailing a DailyPay email address, text messaging a company number, or interacting with the chat function that we make available on the website, you may be required to provide us with certain information such as your name, phone number, and email address. 
  • Third Party Notice and Consent. When you interact with us through these channels, DailyPay and our vendors may have access to the communications or your web experience. These are recorded for purposes including providing you customer service and improving consumer interactions with DailyPay. Use of these channels reflects your acknowledgment and affirmative consent to DailyPay and our vendors having access to these communications.

2.4 Log Files. We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer our Services, track users’ movement around our Services, and gather user categorical data.

2.5 Cookies and Other Tracking Technologies. Our website and mobile app may utilize cookies and other tracking technologies in order for us to provide or advertise our Services, and to enable, optimize, and analyze operation of our Services. A cookie is a small text file that may be used, for example, to collect information about website and Service activity. Certain cookies and other technologies may serve to recall information, such as an IP address, previously indicated by a user. 

• • Browser Control. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. 
  • Website Control. You may also set your cookie preferences on our website. If you are not logged in or your IP address is blocked, you may have to re-set your preferences on a subsequent visit when you are logged in or your address is unblocked. You may also have to do so on each device from which you access our Services.

2.6 Data Providers. We may obtain information about you, such as mailing address, gender, age, marital status, ethnicity, and information about your home and automobile from third-party data providers. We may use this information for marketing purposes and research purposes.

• • Marketing. We may use this info to market our products and services to you.
  • Research. We may use this info to provide aggregated, anonymized insights to third-party entities for the purpose of determining the impact of Services on user financial wellness.

3.0 Purposes/Use of Personal Information. If you submit or we collect personal information through the Services, then such personal information may be used by us in the following ways:

3.1 We may use or share with our subsidiaries, service providers, contractors, third-party nonaffiliates, or employer partners these categories of personal information collected for purposes of:

• • data security and integrity, including fraud or illegal activity prevention and detection; 
  • system maintenance and repair; 
  • non-personalized advertising; 
  • account maintenance or service; 
  • marketing or advertising; 
  • customer service; 
  • processing or fulfilling transactions; 
  • verifying customer information; 
  • processing payments; 
  • research and development of new products or improvement of existing products; or 
  • service quality assurance or enhancement.

3.2 We may use your personal information to provide and improve our Services, to create insights about our users, to contact you in connection with the Services and certain programs, features or offerings that you may have registered for, to advertise our Services, and to identify and authenticate your access to the parts of the Services that you are authorized to access.

3.3 We may use your designated email address or mobile phone number to: (i) send you updates or news regarding the Services; and/or (ii) respond to a Contact Us or administrative requests (for example, to change your password).

3.4 We may transfer your personal information to our subsidiaries, affiliates, vendors or employer clients to provide our Services. When we share personal information with our service providers and non-affiliated companies that perform support services for us, the information may be used for improvement of fraud analysis, identity verification, risk management services for which we engage them, or other services for which we engage them.

3.5 We may share your name and contact information with other companies that offer products or services that may be of interest to you.

3.6 We, our service providers and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes:

• • Direct marketing. We may send you direct marketing communications as permitted by law, including by email. You may opt-out of our marketing communications as described in the Opting Out section below.
  • Interest-based advertising. We may engage third-party advertising companies and social media companies to display ads promoting our and other services across the web. These companies may use cookies and similar technologies to collect information about your interaction (including the data described above) over time across the Internet and use that information to serve online ads that they think will interest our business clients or prospects. You may opt-out of this interest-based advertising as described further in the Opting Out section below, but you may receive less relevant ads instead.

3.7 We may disclose your personal information if we have a good faith belief that disclosure of such information is reasonably necessary to: (i) to administer our Services; (ii) comply with any applicable law, regulation, legal process or governmental request; (iii) enforce our Terms, including investigations of potential violations thereof; (iv) detect, prevent, or otherwise address fraud or security issues; or (v) protect against harm to the rights, property or safety of DailyPay, our users, yourself or the public.

4.0 Use of Anonymous Information. We may create anonymous data from personal information by excluding information that makes the data personally identifiable, and use that anonymous data for our lawful business purposes, including to provide workforce insights to our employer clients.

Web Experience

5.0 Opting In and Opting Out. You may choose to receive promotional and advertising text messages from us by providing us with your written consent directly or through your employer. You may choose not to receive future promotional or advertising emails or text messages from us by selecting an unsubscribe link at the bottom of such emails or by texting STOP to opt-out of such text messages. You also control your notifications in your account settings. If you opt-out of receiving the foregoing emails or text messages, we may still send you a response to any Contact Us request as well as administrative emails necessary to facilitate your use of our Services (for example, in connection with a password reset request, an email/text message verification, or a payment-related email/text message).

6.0 Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.

7.0 Online Tracking Opt-Out. There are a number of ways to opt-out of having your online activity and device data collected:

7.1 Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

7.2 Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

7.3 Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery, or uBlock Origin, and configuring them to block third-party cookies/trackers.

7.4 Platform opt-outs. The following advertising partners offer opt-out features that let you opt-out of use of your information for interest-based advertising:

• • • Google: https://adssettings.google.com
    • Hotjar: https://www.hotjar.com/legal/policies/privacy/
    • Twitter: https://twitter.com/settings/account/personalization?lang=en
    • Sailthru: https://getstarted.sailthru.com/audience/managing-users/user-optout-levels/#Opt-out_Management

7.5 Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:

• • • Digital Advertising Alliance: http://optout.aboutads.info
    • Network Advertising Initiative: http://optout.networkadvertising.org

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt-out on every browser and device that you use.

7.6 State-Specific opt-outs. You may opt-out using methods for which you are eligible identified in State-Specific Consumer Rights below.

8.0 Links to and Interaction with Third-Party Products or Services. Our Services may enable you to interact with or contain links to your Third-Party Accounts and other third-party websites, mobile software applications and services that are not owned or controlled by us. We are not responsible for the privacy practices or the content of these Third-Parties. Please be aware that the Third-Parties may collect personal information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third-Party with you choose to engage or interact with.

Access, Security, Retention and Deletion

9.0 Access/Accuracy. To the extent that you do provide us with personal information, we wish to maintain accurate personal information. You may use the tools that we make available through our Services to remove or modify certain information in your Account.

10.0 Security. The security of personal information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the personal information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security or confidentiality.

11.0 Record Retention/Deletion. We retain personal information as long as reasonably necessary to achieve the collection and use purposes disclosed in this Policy. The criteria determining retention periods are based on legal obligations and information sensitivity, security, product research and development, technical functionality, and experience improvement considerations. DailyPay may also retain information not formatted for targeted disposal. We specifically retain personal information:

• to respond to or comply with court orders, subpoenas, or regulator inquiries;
• as required by applicable state and federal law or regulation; 
• in response to or in anticipation of litigation; and
• for other legitimate business purposes, including but not limited to those referenced in 12.2 below.

Further, DailyPay honors all verified or authenticated consumer deletion requests, irrespective of the consumer’s jurisdiction, except as otherwise allowed or required by applicable law.

U.S. Consumer Data Rights

12.0 Exercising U.S. Consumer Data Rights

12.1 Authentication/Verification. To verify your identity prior to responding to your requests, we may ask you to confirm information that we have on file about you or your interactions with us. In this privacy policy ‘authenticate’, ‘authentication’, ‘authenticated’, ‘verify’, ‘verification’, and ‘verified’ are used interchangeably. Where we ask for additional personal information to verify your identity, we will only use it to verify your identity or your authority to make the request on behalf of another consumer.

12.2 Deletion. At this time, DailyPay honors verified consumer deletion requests, irrespective of the consumer’s eligibility that would otherwise be determined by jurisdiction, with limited exceptions for compliance, investigations, providing a product or service requested by the consumer, data security and integrity, research and development, or as otherwise allowed or required by applicable law. Our deletion policy is subject to change from time to time and DailyPay reserves the right to make changes to this policy in a manner consistent with applicable law.

12.3 Submitting Requests. To submit requests, you may (1) submit the request via a webform here https://www.dailypay.com/legal/privacy-form/; (2) email us at privacy@dailypay.com; or (3) call us toll-free at +1 (855) 481-3596. We will provide confirmation of receipt shortly thereafter.

State-Specific Consumer Rights

13.0 Multi-State Consumers Notice.We are required to provide consumers in California (CA) and Virginia (VA), effective 1/1/2023; Connecticut (CT) and Colorado (CO), effective 7/1/2023; and Utah (UT), effective 12/31/2023 notice of certain privacy rights regarding the information we have collected, used, or disclosed relating to them. You are entitled to exercise these rights free from discrimination.

13.1 Multi-State Consumer Notice Scope. If you are a resident of one of these states and your engagement with DailyPay has been limited to visiting our website or communicating with us, this Notice applies to you because your information is not subject to the GLBA.

13.2 Shared Rights.

• • Information. This Privacy Policy explains how we may have used and shared personal information through the Services during the past 12 months, or may use and share your personal information through the Services. We describe the types or categories of personal information processed; the purposes for processing the personal information; the categories of data shared with third parties; and the categories of third parties with whom data is shared in Information Collected (2.0) and Purpose/Use of Personal Information (3.0), and their subsections, above.
  • Access and Portability. You can request a copy of the personal information provided by your employer that we maintain about you.
  • Opt-out of Sale of Personal Information. You can opt-out by: (1) the methods identified in Submitting Requests (12.3) above; or (2) visiting the Do Not Sell My Personal Information. Furthermore, we offer instructions on how to limit online tracking in the “Online Tracking Opt-Out” section above.
  • Opt-out of Targeted Advertising. We may obtain information about your online activities to provide you with advertising about products and services that may be tailored to your interests. You can opt-out by the methods identified in Submitting Requests (12.3) above. You may receive less relevant ads instead.

13.3 Limitations. This Multi-State Consumers Notice and the rights it sets out do not apply to the personal information we collect, use or disclose about:

• • Consumers who initiate or complete the process of onboarding to our Services. This is because this information or DailyPay is subject to the federal Gramm-Leach-Bliley Act (“GLBA”) and implementing regulations, or the California Financial Information Privacy Act (“FIPA”). This means that if you have initiated or completed an application for a DailyPay account, this Notice and the rights it sets out do not apply to you.
  • Representatives of businesses that seek to obtain our products or services, or to provide products or services to DailyPay, except CA residents from whom DailyPay collects personal information reflected in certain business-to-business communications.

Please note that the states below limit these rights by, for example, prohibiting businesses from providing certain sensitive information in response to an access request and limiting the circumstances in which they must comply with a deletion request.

13.4 Exercising Rights. You may submit requests via the methods identified in Submitting Requests (12.3) above.

13.5 Other State-Specific Rights. Are provided below.

14.0 Notice to CA Consumers. In addition to the above, the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act of 2020 (“CPRA”) entitles you to this supplemental privacy notice of the rights below to CA residents. CA defines resident as every individual who is in the State for other than a temporary or transitory purpose, or domiciled in the State, but outside the State for a temporary or transitory purpose. Consumers include CA residents from whom DailyPay collects (1) workforce-related personal information; or (2) personal information reflected in certain business-to-business communications. All other individuals are nonresidents to whom the CCPA and CPRA are inapplicable. 

14.1 Consumer Rights. For the CA residents to whom this CCPA notice applies, in addition to the right identified in the Multi-State Consumers Notice above, you have the following rights.

• • Opt-out of Selling or Sharing My Personal Information. You can ask us not to sell or share your personal information for interest-based (i.e. cross-context behavioral) advertising by: (1) the methods identified in Submitting Requests (12.3) above; or via this “Do Not Sell or Share My Personal Information” link . You may receive less relevant ads instead.
  • Correction. In addition to the capability to correct inaccurate personal information identified in Access/Accuracy (9.0) above, DailyPay will assist your employer or in our own discretion, directly correct verified requests to correct inaccurate personal information, to the extent doing so is neither impossible nor requires disproportionate efforts.
  • Explanation of Denial. If we deny your request, we will provide the reason or reasons explaining the denial.

14.2 Authorized Agents. CA residents can empower an “authorized agent” to submit requests on their behalf. This agent may be subject to verification as applicable to the circumstances.

15.0 Notice to VA Consumers. In addition to the above, the Virginia Consumer Data Protection Act (“VCDPA”) entitles you to this supplemental privacy notice of the rights below to VA residents. The VCDPA is inapplicable to all other nonresident individuals.

15.1 Consumer Rights. For the VA residents to whom this VCDPA notice applies, in addition to the rights identified in the Multi-State Consumers Notice above, you have the following rights.

• • Correction. In addition to the capability to correct inaccurate personal information identified in Access/Accuracy (9.0) above, DailyPay will assist your employer or in our own discretion, directly correct verified requests to correct inaccurate personal information, to the extent doing so is neither impossible nor requires disproportionate efforts.
  • Appeal. If we deny your request, we will provide the reason or reasons explaining the denial. You have the right to appeal the decision via the methods identified in Submitting Requests (12.3) above. If the appeal is denied, you may contact the Attorney General at (800) 552-9963 or www.ag.virginia.gov.

16.0 Notice to CT Consumers. In addition to the above, effective 7/1/2023, the Connecticut Data Privacy Act (“CTDPA”) entitles you to this supplemental privacy notice of the rights below to CT residents. The CTDPA is inapplicable to all other nonresident individuals.

16.1 Consumer Rights. For the CT residents to whom this CTDPA notice applies, in addition to the rights identified in the Multi-State Consumers Notice above, you have the following rights.

• • Correction. In addition to the capability to correct inaccurate personal information identified in Access/Accuracy (0.0) above, DailyPay will assist your employer or in our own discretion, directly correct verified requests to correct inaccurate personal information, to the extent doing so is neither impossible nor requires disproportionate efforts.
  • Appeal. If we deny your request, we will provide the reason or reasons explaining the denial. You have the right to appeal the decision via the methods identified in Submitting Requests (12.3) above. If the appeal is denied, you may contact the Attorney General at 860-808-5420 or https://portal.ct.gov/AG

17.0 Notice to CO Consumers. In addition to the above, effective 7/1/2023, the Colorado Privacy Act (“CPA”) entitles you to this supplemental privacy notice of the rights below to CO residents. The CPA is inapplicable to all other nonresident individuals

17.1 Consumer Rights. For the CO residents to whom this CPA notice applies, in addition to the rights identified in the Multi-State Consumers Notice above, you have the following rights.

• • Correction. In addition to the capability to correct inaccurate personal information identified in Access/Accuracy (9.0) above, DailyPay will assist your employer or in our own discretion, directly correct verified requests to correct inaccurate personal information, to the extent doing so is neither impossible nor requires disproportionate efforts.
  • Appeal. If we deny your request, we will provide the reason or reasons explaining the denial. You have the right to appeal the decision via the methods identified in Submitting Requests (12.3) above. If the appeal is denied, you may contact the Attorney General at (720) 508-6000 or https://coag.gov/.

18.0 Notice to UT Consumers. In addition to the above, effective 12/31/2023, the Utah Consumer Privacy Act (“UCPA”) entitles you to this supplemental privacy notice of the rights below to UT residents. The UCPA is inapplicable to all other nonresident individuals.

18.1 Consumer Rights. For the UT residents to whom this UCPA notice applies, your rights are identified in the Multi-State Consumers Notice above.

• • Explanation of Denial. If we deny your request, we will provide the reason or reasons explaining the denial.

Miscellaneous

19.0 Children’s Privacy. Our Services are not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect personal information from anyone we know to be under 13 years. If we learn that we have collected personal information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us.

20.0 Corporate Structural Event. In the event of our acquisition, merger, restructuring, bankruptcy, or comparable event, we reserve the right to transfer or assign personal information in connection with the foregoing events.

21.0 Changes to this Privacy Policy. We reserve the right, at our discretion, to change this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Services. If required by law, we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Services. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). Your continued use of the Services thereafter means that you accept those changes.

22.0 How to Contact Us. If you have any questions or concerns at all about our Privacy Policy, please contact us at privacy@dailypay.com or call us toll-free at +1 (855) 481-3596.