PRIVACY POLICIES

MEMBER PRIVACY POLICY CONCERNING GENERAL DATA PROTECTION REGULATION (“GDPR”) PROTECTED DATA

AmeriCU Credit Union (referred to as “AmeriCU”, “us”, “we”, or “our” as the context may require) respects your privacy and is committed to protecting your personal data. This website www.americu.org (the “Site”), is owned by AmeriCU. This Privacy Policy (the “Privacy Policy”) describes our information and privacy practices for the Site. Please note that this Privacy Policy applies only to information collected through the Site or offline by AmeriCU and does not cover any information collected at any other Site or offline by another company (unless specifically stated). Please note further, as described in this Privacy Policy, that some components of our website are operated by third parties and are therefore subject to additional terms found in the policies of those third parties. In such cases, there generally will be a link to the privacy policies of the third party, as described later in this Privacy Policy. By accessing or using the Site, you are accepting the terms described in this Privacy Policy. This Privacy Policy may change from time to time, as set forth below. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

1. IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY POLICY

This Privacy Policy aims to give you information on how AmeriCU collects and processes your personal data through your use of the Site, including any data you may provide through the Site when you purchase a product or service.

If you are in the European Union, or if your personal data otherwise may be subject to the requirements of the General Data Protection Regulation, (Regulation (EU) 2016/679, or the “GDPR”), this Privacy Policy aims to give you information on how AmeriCU collects and processes your personal data in accordance with the GDPR.

The Site is offered and available to users who have reached the age of majority in the applicable jurisdiction, and AmeriCU does not knowingly collect personal information from users who have not reached the age of majority in the applicable jurisdiction. If we learn that we have collected personal data of a person under the age of majority, depending on jurisdiction, we will take steps to delete the data as soon as possible.

It is important that you read this Privacy Policy so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

CALIFORNIA RESIDENTS’ RIGHTS

California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact our DPO (contact information provided below).

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We keep our Privacy Policy under regular review. This version was last updated in [December 2018]. We reserve the right to alter, modify, update, add to, subtract from or otherwise change this Privacy Policy at any time. We will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time. You are responsible for periodically visiting the Site and this Privacy Policy to check for any changes.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

RESPONSIBILITY FOR EXTERNAL SITES

The Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We are not responsible for these third-party websites or their privacy statements. When you leave the Site, we encourage you to review the privacy policies of such third parties by visiting the links included within those separate websites, since their policies may differ from this Privacy Policy, and they may use information consistent with their own policies.

2. THE DATA WE COLLECT ABOUT YOU

“Personal data” or “personal information” means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data includes first name, last name, username or similar identifier, marital title, primary job function, company.

Contact Data includes billing address, delivery address, email address and telephone numbers.

Financial Data includes account details, income details and payment card details.

Transaction Data includes details about payments to and from you and other details of financial products and services you have purchased from us.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Site.

Profile Data includes your username and password, purchases or orders made by you, the type of business you are involved in, the types of vehicles/equipment serviced, other details about your business, your preferences, feedback and survey responses.

Usage Data includes information about how you use the Site, products and services.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Locations Data includes data to enable certain features within our apps even when the app is closed or not in use and is also used to support advertising

• AmeriCU Cards periodically collects, transmits, and uses geolocation information for enabling features that prevent fraudulent card use and alerts, but only if the End User expressly authorizes collection of such information. Geolocation information can be monitored on a continuous basis in the background only while the Solution is being used or not at all, depending on the End User’s selection. The End User can change his/her/their location permissions at any time in their device settings.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

FOR WHAT PURPOSES DO WE PROCESS PERSONAL DATA?

Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

For our everyday business purposes – to process your transactions and claims, maintain your accounts, report to credit bureaus and facilitate services provided by contracted parties such as mailing services

Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

For internal reporting and analytics – to analyze our financial health, forecast profitability, determine trends and otherwise assess our products and services

Compliance with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

To respond to court orders, government investigations, subpoenas and litigation

For our marketing purposes – to offer products and services provided by AmeriCU

For additional purposes – to process Personal Data in a manner not described in this Privacy Policy

We do not collect any data about you identified under the GDPR as “Special Categories of Personal Data” (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, personal or political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses. If we learn that we have such collected personal data, we will take steps to delete the data as soon as possible.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, under the terms of a contract we have with you, or otherwise, and you fail to provide that data when requested, we may not be able to sell products or services to you. In this case, we may have to cancel a product or service contract you have with us, but we will notify you if this is the case. 3. HOW IS YOUR PERSONAL DATA COLLECTED?

If the personal data we are collecting from you is subject to the GDPR, we will use our best efforts to collect your personal data pursuant to GDPR required standards. We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms in person or online or by communicating with us by mail, phone, email or otherwise. This includes personal data you provide when you:

• apply for our products or services;
• create an account on the Site;
• request marketing materials to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us.
Automated technologies or interactions. As you interact with the Site, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may use third party analytics services like Google Analytics to provide us with a clearer picture of how you use the Site, including when you view specific pages or take specific actions on the Site. For more information about Google Analytics or to opt-out of Google Analytics, please go to Google Analytics Opt-Out Settings page. If you wish to learn more about our data collection process, please contact our DPO (contact information provided below).

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. If you are in the European Union, or if your personal data otherwise may be subject to the GDPR, you should understand that we will use our technical infrastructure in the United States in order to deliver various services to you. If you are purchasing goods or services through the Site, we may need to transfer your personal data to the United States, and possibly to other jurisdictions outside of your home country, as necessary to provide these services. Similarly, if you are browsing the Site, we may collect certain personal data about you in order to enhance the Site, and your experience on the Site. Processing of your personal data as you browse the Site is necessary for our legitimate interests, and we believe these interests will not interfere with your fundamental rights or freedoms. Most commonly, we will use your personal data in the following circumstances:

• Where we need to sell products or services to you or are about to enter into or have entered a contract with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.
• To enforce or apply our Terms and Conditions and/or any other agreements, including for billing and collection purposes.
If the personal data we collect from you is subject to the GDPR, we will attempt to process your data pursuant to the lawful bases of the GDPR.

If your personal data is subject to the GDPR, please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

MARKETING

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). In addition, we may share such data with authorized third parties who we contract with to provide marketing services on our behalf, unless you opt out of receiving marketing messages, as set forth below. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

You may receive marketing communications from us or third parties we have contracted with to provide marketing services on our behalf if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

OPTING OUT

You can ask us to stop sending you marketing communications at any time by following the opt-out links on any marketing message sent to you or by logging into the Site and checking or unchecking relevant boxes to adjust your marketing preferences.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

COOKIES

The Site and any e-mails sent from the Site may utilize cookies, web beacons or similar technologies. A cookie is a small text file that is sent to your browser from a web server and is stored on your computer’s hard drive. A web beacon is a small, often invisible, graphic image included in a web page or e-mail. We may use web beacons for many purposes, such as to count visitors to the Site or to monitor how visitors navigate the Site. These technologies help us better understand user behavior and facilitate and measure effectiveness of the Site and its associated technologies. To the extent personal data may be collected, we will secure such data in accordance with this Privacy Policy.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Site may become inaccessible or not function properly.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If your personal data is subject to the GDPR, and we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. SHARING AND DISCLOSURE OF YOUR PERSONAL DATA

We do not share, sell or distribute your personal data with third parties, except as otherwise provided for in this Privacy Policy. For the purposes of the processing identified above, we transfer or share personal data with third-party service providers, such as other affiliated companies, including those in the United States of America. These third-party service providers process personal data for our benefit and on our behalf in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented. For example, sometimes a third party may have access to your personal data in order to support our information technology functions, assist with underwriting reviews or to handle mailings on our behalf. We may also share, transfer or disclose personal data to comply with a legal requirement, for the administration of justice, interacting with anti-fraud databases or for other actions to prevent fraud, to protect your vital interests, to protect the security or integrity of our databases or this website, to take precautions against legal liability, in the event of our sale, merger, reorganization, dissolution or similar event, to process your transactions, to service your accounts and for other routine business purposes. The types of third parties who may receive personal data in these circumstances are parties to a litigation, AmeriCU service providers, government entities, and third parties involved in a sale, merger, reorganization or similar event. We will inform you of any such transfer or disclosure to the extent required by law. 6. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. However, no transmission of data via the internet or electronic storage of information can be completely secure, so any transmission of personal data or other data is at your own risk. All personal data you provide to us through the Site is stored on a secure server and protected by firewalls. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 7. DATA RETENTION

HOW LONG WILL YOU KEEP MY PERSONAL DATA?

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period, if required by law, in the event of a complaint, or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we may consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

We may anonymize your personal data (so that it can no longer be associated with you) for research, statistical purposes, or other purposes, in which case we may use this information indefinitely without further notice to you.

8. YOUR LEGAL RIGHTS

If your personal data is subject to the GDPR, you have certain rights in relation to your personal data. Such rights may include the right, under certain circumstances, to: (1) request access to your personal data, (2) request correction of the personal data that we hold about you, (3) request erasure of your personal data, (4) object to processing of your personal data, (5) request restriction of processing of your personal data,(6) request the transfer of your personal data or (7) withdraw your consent at any time where we are relying on consent to process your personal data.

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including your legal rights, please contact the DPO using the details set out below.

CONTACT DETAILS

If you have any questions or complaints about this Privacy Policy or our privacy practices, please contact our DPO in the following ways:

AmeriCU Credit Union

Email address: [email protected]

Mailing address: ATTN: Privacy, 1916 Black River Blvd., Rome NY 13440

Telephone number: 800.388.2000