FundEvolve Privacy Policy

Terms of Service

Date Last Revised: October 2022

DESCRIPTION OF SERVICES

The FundEvolve Service is a personal finance information management service that allows you to manage your finances by consolidating your financial data and being connected with a financial professional when needed. 

GENERAL TERMS

These Terms of Service (“Terms”) and Additional Terms and Conditions (“Agreement”) set forth the terms and conditions that apply to your access and use of the FundEvolve.com, mobile App, and additional services that may be offered (“Services”) as owned and operated by FundEvolve Inc. As used in this Agreement, the term “Site” includes all FundEvolve Services websites, pages that are associated with or within each website and all devices, applications or services that FundEvolve operates or offers that link to this Agreement.

ACCEPTING THE TERMS

By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and FundEvolve Privacy and Security Policy, as they may be amended from time to time in the future. If you do not agree to this Agreement, then you may not use the Services.

By using the information, tools, features, software and functionality including content, updates and new releases provided by FundEvolve, you agree to be bound by this Agreement, whether you are a “Visitor” or a “Customer”. The term “you” or “User” refers to a Visitor, Member or Customer. The term “we” refers to FundEvolve. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process. You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with FundEvolve.

Before you continue, you should print or save a local copy of this Agreement for your records.

INFORMATION THAT WE COLLECT

We collect several different types of information for various purposes to provide and improve our Services to you. While using our Services, we may ask you to provide us with personally identifiable information that can be used to identify or contact you (“Personal Data”). Such personally identifiable information can include, but is not limited to:

• Full Name
• Email address
• Country
• Cookies and Data Usage

 

YOUR REGISTRATION INFORMATION AND ELECTRONIC COMMUNICATIONS

In order to allow you to use the Services, you will need to sign up for an institution with FundEvolve. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources. If you do not provide this information or FundEvolve cannot verify your identity, we reserve the right to refuse to allow you to use the Services.

You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your Login ID, allows you to access the Sites. That Login ID and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.

You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications, and will provide you with appropriate notice in accordance with applicable law.

If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify FundEvolve immediately at the email address – info@FundEvolve.com.

If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, or that someone is using your institution without your permission, you must notify us immediately in order to minimize your possible losses.

OUR USE OF INFORMATION

FundEvolve uses your information for a variety of purposes including, but not limited to:

• To provide and maintain our Services
• To notify you about changes to our Services and Terms
• To provide you with the ability to participate in interactive features on our Service platform
• To gather analysis or valuable information in an effort to improve our Service
• To provide customer support
• To monitor the usage of our Services
• To detect, prevent, and address technical issues
• To provide you with general information about your use of our Services
• To provide you with news, special offers and general information about other goods and services which we offer that are similar to those that you use or enquired about unless you choose to opt out of receiving such information

 

YOUR USE OF OUR SERVICES

Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable FundEvolve to provide the Services to you. You must provide true, accurate, current and complete information about your institutions maintained at other web sites, as requested in our “add institution” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that FundEvolve, in its sole discretion, may elect to take. In no event will FundEvolve be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, will be for FundEvolve to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. FundEvolve MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

• (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
• (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES;
• (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

ONLINE AND MOBILE ALERTS

FundEvolve may from time to time provide automatic alerts and voluntary institution-related alerts. Automatic alerts may be sent to you following certain changes to your institution or information, such as a change in your Registration Information. Voluntary institution alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your institutions. FundEvolve may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. FundEvolve may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. FundEvolve will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Electronic alerts will be sent to the email address or mobile number you have provided for the Services. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your institutions. Depending upon which alerts you select, information such as an institution balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time, you may disable future alerts.

RIGHTS YOU GRANT TO US

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to FundEvolve through the Services, you are licensing that content to FundEvolve for the purpose of providing the Services. FundEvolve may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to FundEvolve for use for this purpose, without any obligation by FundEvolve to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize FundEvolve to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the “Add Accounts” feature of the Services, you will be directly connected to the website for the third party you have identified. FundEvolve will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit FundEvolve to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant FundEvolve a limited power of attorney, and appoint FundEvolve as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN FundEvolve IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, FundEvolve IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. FundEvolve is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate institution information.

RETENTION OF INFORMATION

FundEvolve will retain your Personal Data only for as long as necessary for the purposes set out in this Agreement. We will retain and use your Personal Data to the extent necessary to fulfill our legal obligations, resolve disputes and enforce our legal policies and agreements.

PROTECTING YOUR INFORMATION

We believe helping you to power your prosperity includes keeping the data you share with us safe. When you use our Services, you trust us with your personal and professional financial information. We help safeguard that data and protect your privacy by using industry-leading technology and practices. We promise to never sell your personal information, and to give you transparency and control over how your data is shared.

DISCLOSURE OF DATA

If FundEvolve is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. However, we will provide notice to you before your Personal Data is transferred and becomes subject to a subsequent Privacy Policy.

Additionally, FundEvolve may be required to disclose your Personal Data in good faith under the belief that such action is necessary to:

• Comply with legal obligations;
• Protect and defend the rights or property of FundEvolve;
• Prevent or investigate possible wrongdoing in connection with the Service;
• Protect personal safety of users of the Service or the public
• Protect against legal liability

 

PRIVACY OF MINORS

Our Services do not address anyone under the age of 18 (“Minors”). Our Services do not knowingly collect Personal Data from anyone under the age of 18. If you are a parent or guardian and you are aware that your Minor has used our Services and provided us with Personal Data, please contact us. If we are notified and/or we become aware that we have collected Personal Data from a Minor without verification of parental consent, we will take steps to remove that information from our servers.

FundEvolve’S INTELLECTUAL PROPERTY RIGHTS

All rights in and to the Services, including all intellectual property rights therein and thereto, belong to FundEvolve Inc. The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under Canada copyright and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to FundEvolve or its software or content suppliers. FundEvolve grants you the right to view and use the Services subject to these terms. You may not modify, adapt, alter, translate, or create derivative works from our Services. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

TERMINATION AND/OR ENDING YOUR RELATIONSHIP WITH FundEvolve

The Terms of this Agreement will remain in force and continue to apply as long as you continue to use or access the FundEvolve Service, or until terminated by either you or FundEvolve as set out below.

FundEvolve may amend or change these Terms from time to time. You acknowledge and agree that at any time FundEvolve may immediately deactivate or delete your institution and all related information and files in your institution and/or prohibit any further access to all files and the Services by you. Further, FundEvolve may suspend your right to use the Service, or terminate these terms, if FundEvolve believes in good faith that you have used the Service in violation of these Terms.

If you want to terminate this legal Agreement for the Services and close your institution, login to your FundEvolve mobile Account and delete your institution. Please note that if you wish to remove FundEvolve from your mobile devices, then you may delete the mobile app; however, that will only delete your FundEvolve data from the device.

FundEvolve may at any time, terminate its legal agreement with you and access to the Services for reasons including, but not limited to:

• If you have breached any provision of this Agreement or have acted in a manner, which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement.
• If FundEvolve in its sole discretion believes it is required to do so by law.
• For any reason and at any time with or without notice to you or immediately upon notice to the e-mail address provided by you as part of your Registration Information.

Further, you agree that FundEvolve will not be liable to you or any third party for any termination of your access to the Services. This means that termination will not relieve you of any obligations accrued to your access to the Services. This means that termination will not relieve you of any obligations accrued prior to the effective date of termination.

UPDATES

Your mobile device or computer will periodically check for updates to the FundEvolve application and, if available, the update may either prompt you to download and install the update or will automatically do so. Automatic updates can be turned off by changing the automatic updates settings on your device or computer. Certain updates may include additional content. You agree that by updating the FundEvolve application, such additional content may be downloaded and installed onto your device(s) or computer.

Further, from time to time, FundEvolve may include new and/or updated pre-release features and trial use in Services for your use and which permit you to provide feedback. You understand and agree that your use of features is voluntary and FundEvolve is not obligated to provide you with any features. Furthermore, if you decide to use these features you agree to abide by any rules or restrictions FundEvolve may place on them. You understand that once you use the features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the new feature back to the earlier version. The new features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.

DISCLAIMER & LIMITATION OF LIABILITY

Your use of the Service is entirely at your own risk. The security of your data is important to us but it is equally as important to remember that the transmission of information through electronic storage or the internet is never fully secure. While we strive to use means that are commercially acceptable to protect your Personal Data, we cannot guarantee its absolute security.

Under no circumstance will FundEvolve be liable to you on institution of your own misuse of, or reliance on, the Services to the extent permitted by law. In no event will FundEvolve be liable to you for any actual, direct, indirect, incidental, special, consequential, punitive damages or other damages arising out of the use or inability to use the Service, even if advised of the possibility of such damages. This limited liability protection extends to any damages acquired through third-party platforms used in connection with our Services.

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or prominent notice on our Service, prior to the change becoming effective and update the “Effective Date” at the top of this Privacy Policy.

It is advisable that you read and review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

CONTACT US

If you have any questions about this Privacy Policy, please contact us by email: hello@FundEvolve.com