PRIVACY NOTICE

RAIN TECHNOLOGIES INC.

Effective Date:  November 23, 2022

PLEASE CAREFULLY READ ALL OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR RAIN ACCOUNT OR TO YOUR USE OF RAIN’S SERVICES, AND KEEP A COPY OF THIS PRIVACY NOTICE FOR YOUR RECORDS.

The Agreement between Rain Technologies Inc. and you governs the access to or the use of Rain’s mobile app (the “Rain App”) and any of the products or services that Rain provides to you.  The person who uses Rain’s website(s) or who downloads the Rain App (“You”) is agreeing to all of the terms and conditions for use of Rain’s website(s) or the Rain App, as the case may be.  The Agreement also provides the terms and conditions for Rain’s other products and services offered or provided to You (each individually or collectively, as the case may be, the “Services”), including Your Rain Account or electronic fund transfer (EFT) services.

By using Rain’s website(s) or the Rain App or by using any aspect of the Services, You acknowledge and agree that You are bound by the terms and conditions of the Terms of Service.  You also agree with the terms and conditions of Rain’s Consumer Financial Privacy Notice.

Consumer Financial Privacy Notice

Rain provides this consumer financial privacy notice for an individual’s use of the Rain App, Rain’s website(s), or any part of the Services (“Rain’s Privacy Notice”).  The term “we,” “us,” or “our” relate to Rain Technologies Inc. or to any person that is an affiliate of Rain (each referred to as “Rain”).

For the purposes of Rain’s Privacy Notice, the term “You” or “Your” relates to the individual who, primarily for personal, family, or household purposes, (i) downloads or uses the Rain App or Rain’s website(s); (ii) applies for or obtains any part of the Services or any other financial product or service from Rain; or (iii) uses the Rain App or Rain’s website(s) to obtain a financial product or service that jointly is offered, endorsed, or sponsored by Rain and one or more other financial institutions.

Rain’s Privacy Notice applies to personally identifiable information about You (sometimes defined as “nonpublic personal information”), which we refer to as “Your information.”  In connection with Rain’s treatment of Your information, Rain’s Privacy Notice describes the policies and procedures (including a summary of the relevant security controls) that Rain uses when collecting, maintaining, using, or transmitting (or “disclosing”) to others any of Your information.

Rain reserves the right to modify any aspect of Rain’s Privacy Notice, and Rain may make these modifications at any time.  In some circumstances, Rain may modify Rain’s Privacy Notice in one or more ways that may affect the treatment of Your information without first notifying You of those modifications.  Please review the “Effective Date” of Rain’s Privacy Notice each time you use the Rain App, Rain’s website(s), or use any of Rain’s financial products or services.

For information about Rain, or any entity that is or may in the future be an affiliate of with Rain, in connection with the treatment of your information under Rain’s Privacy Notice, please see the section below entitled “Contacting Rain.”

Overview

Rain provides financial products or services to consumers, as well as to corporate persons, such as entities that employ consumers to be their employees.  Rain’s mission is to provide to a consumer certain tools for greater access and control over his or her financial health by providing innovative financial products and services, such as solutions for electronic fund transfer services (EFT services).  Among other financial products and services covered by Rain’s Privacy Notice is Rain’s product and service that provides ways for a consumer to control funds that the consumer owns or borrows (from another financial institution), including by transferring those funds to (or from) the consumer’s primary bank account.  Rain also offers and provides to a consumer an “Earned Wage Payment,” as that term is defined in Rain’s Agreement with You.

Rain’s Privacy Notice is designed to provide a straightforward explanation of how Rain collects and maintains Your information, as well as how Rain may disclose Your information to other persons.  However, Rain’s Privacy Notice does not apply to the treatment of data by another person that is not affiliated with Rain, such as an employer (even if the other person has a contract or arrangement in place for Rain’s Services).  Whether and how another person, such as an employer, could collect, maintain, transfer, or use data about You, including through the other person’s websites, is governed by the other person’s privacy policy.

Rain’s Privacy Practices

Information We Collect

        1.        Information You provide.   We collect various categories of Your information that You provide, either directly or indirectly, to us, such as:

• Identifying information, such as Your mobile telephone number, email address, and residential address;
• Financial information, such as information You provide on an application to us or from data we collect from transactions you conduct using the Services;
• Information about Your use of the Services or the Rain App, including location data collected from the Rain App (which directly relates to Your application for or uses of financial products or services via the Rain App); or
• Information about Your status or personal characteristics, such as whether You are employed, where You do or could work, and the number of days You work in a month.

When You connect one or more of Your accounts with other financial institutions to the Rain App or to your Rain Account, we also may collect information to identify You, or to help verify that You are the true owner of the account(s), before connecting Your account(s).

        2.        Information received from Your devices.  When You use your device to connect to the Services, we receive information about that device, including IP address, hardware model, operating system, and other technical information about the device.  Rain reserves the right to capture cookies or similar tracking technologies to collect usage statistics or to help Rain provide and improve the Services.

        3.        Information collected from Your financial institutions.  Whether Rain collects or maintains Your information collected from the financial institutions You use, such as Your Bank (as that term is defined in the Agreement), may depend on how You use the Rain App or the Services.  Generally speaking, when You link Your Primary Bank Account to the Rain App or to the Services (such as for EFT services), Rain may collect several categories of Your information, including:

• Financial account information, including Your financial institution’s name, the account type you use (such as a “checking account” or “savings account”), account number(s), and the institution’s routing number; and
• Information about any balance or transactions in Your Primary Bank Account.

        4.        Information we receive about You from other sources.  Rain also collects, directly or indirectly, Your information from other sources or persons, such as from persons that act as Rain’s service providers.  For example, Rain may collect and maintain Your information from service providers that help Rain to identify You and to verify that You are the individual who is authorized to use the Services.

How We Use Your Information

We use the information we collect to operate, improve, and protect the services we provide, and to develop new services.  For example, we use Your information:

• To operate, provide, and maintain the Rain App;
• To improve, modify, or develop the Services or Rain’s other financial products or services;
• To protect you, Rain’s service providers, or Rain from fraud, malicious activity, or other privacy and security-related concerns;
• To provide customer service to You;
• To investigate any misuse of the Rain App or of the Services; and
• To develop new services.

Our Steps to Protect Your Information

We take steps designed to protect Your information that we collect, maintain, or disclose. These steps include maintaining information security controls, such as encryption technologies when transferring data or when storing data, firewalls, and controls over the physical access to Rain’s systems.  We evaluate the security controls that we use, as well as the controls that our service providers use, for protecting the security and confidentiality of Your information.  Our goal is to maintain effective security controls, as measured by relevant industry standards or by independent security auditors, for all of the ways that You can use the Services and other financial products and services provided by Rain.

Rain may keep Your information for as long as necessary to fulfill the purposes for the information is collected.  In addition, for some types of Your information, Rain may apply a longer retention period, such as for research or statistical analyses, except when storing or using that information for longer periods of time is not permitted under applicable law.  As permitted under applicable law, even after You stop using the Rain App or terminate your account with Rain, we may retain Your information.

Our Rights to Disclose Your Information

Rain reserves the right to disclose, or even to sell, some or all of the categories of Your information that Rain collects to any person that is not an affiliate of Rain—and under some circumstances You may be allowed to prevent Rain from doing so by exercising Your right to “opt out” of certain disclosures.  Rain also may disclose some or all of the categories of Your information to any person that is an affiliate of Rain, and you may opt out of some of those types of disclosures among the affiliate(s).  Depending on Your state of residence, you may have additional rights under that state’s law that affect whether and to what extent Rain may disclose Your information to other persons, including an affiliate of Rain.  However, as of the Effective Date of this Privacy Notice, Rain does not disclose Your information to persons in ways that present an opportunity for you to exercise Your opt-out or other rights relating to those types of disclosures.

Rain discloses Your information to various type of persons as permitted by law, and those disclosures may apply to some or all of the categories of Your information that we collect.  For example, Rain may disclose all of the types of Your information with Your employer or with Your financial institution, consistent with Your consent or instruction or Your request for the Services.

Rain discloses Your information to one or more financial institutions, such as banks or payments companies, with which Rain has agreements in place for joint marketing of financial products or services.  Under these agreements, Rain discloses Your information to the financial institution(s) so that the financial institution(s) and Rain may provide financial products or services that jointly are offered, endorsed, or sponsored by Rain and the other financial institution(s).  However, data that Rain collects about You through Rain’s marketing activity via a short-code program will not be disclosed to a third party for the purposes of that party’s own marketing.     

Rain also discloses, or reserves the right to disclose, Your information:

• With Rain’s service providers in connection with the services they perform for Rain;
• If Rain believes in good faith that disclosure is appropriate to comply with applicable law, regulation, or legal process (such as a court order or subpoena);
• In connection with a change in ownership or control of all or a part of Rain’s business (such as a merger, acquisition, or bankruptcy);
• Between and among Rain and Rain’s future affiliates (such as subsidiaries or other companies under common control or ownership); or
• With your consent (by any reasonable method, including when you orally give your consent), unless you timely revoke your consent.

Rain may collect, use, process, or disclose Your information in an aggregated or anonymized manner (i.e., in a manner that does not identify you personally) for any purpose permitted under applicable law.

Your Rights to Request that Rain Delete Your Information

Under Rain’s Privacy Notice and subject to the conditions outlined below, You have the right to make a request that Rain delete Your information.  To request that Rain delete Your information from Rain’s information systems, please send an email to Rain, at data-deletion@rain.us.

Even though You may make a request for deletion of Your information, please note that Rain may not be required to delete Your information that Rain collects and maintains.  Under some circumstances, Rain may decline to honor Your request to delete Your information.  For example, Rain is not required to honor Your request, and thus Rain may retain Your information, in order to:

• Complete transactions or services for which the information was collected or reasonably anticipated, or provide a product or service requested by You;
• Help to provide security and integrity to Rain’s systems or to the systems of other financial institutions for which Rain acts as service provider (to the extent that retaining Your information is reasonably necessary and proportionate for these purposes); or
• Comply with legal obligations, exercise legal claims or rights, or defend legal claims. 

Contacting Rain

If you have any questions about Rain’s Privacy Notice, please reach us by email at care@rain.us.