Privacy Policy

This Privacy Policy describes how BillPayLater Inc, the company that operates the "Willow Pays" (also styled "Willowpay") brand and service, and any of our U.S. affiliates (collectively, "Willow Pays," "Willowpay," "we", "us", or "our") handle the personal information and privacy rights of users of Willowpay Services ("you"), including our collection, use, storage, sharing and protection of your personal information. It applies to the Willowpay website and all related sites, applications, services and tools, including the Willowpay app, regardless of how you access or use them. We may offer you the ability to connect with Willowpay Services using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices.

Certain portions of this Privacy Policy may only apply to you if you are a resident of certain jurisdictions, as further described below.

Please read this Privacy Policy carefully. By accessing and using this website or any other Willowpay Services, you confirm that you have read and understand this Privacy Policy in its entirety. You understand and acknowledge that we reserve the right to change or amend this Privacy Policy at any time, which will be reflected by the "effective" date above.

If you do not agree to this Privacy Policy in its entirety, you must refrain from using this website or any other Willowpay Services.

Note that if you become a Willowpay customer, you will also receive Privacy Notices, the content of which will be consistent with this Privacy Policy when delivered.

How You Can Contact Us about Privacy Questions

If you have questions or concerns regarding this Privacy Policy, you should contact us at legal@willowpays.com.

Scope and Consent

You accept this Privacy Policy when you sign up for, access, or use our products, services, content, features, technologies or functions offered on our website and all related sites, applications, and services (collectively "Willowpay Services"). This Privacy Policy applies US law and is intended to govern the use of Willowpay Services by our users (including, without limitation those who use the Willowpay Services in the course of their trade or business) in the United States, unless otherwise agreed through contract. We may amend this Privacy Policy at any time by posting a revised version on our website. The revised version will be effective as of the published effective date, in which case you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect. However, when the revised version includes a substantial change, we may be required to provide you with notice of the new policy before the updates become effective for you, or else the updates will not be effective until 30 days after the published effective date.

Collection of Personal Information

We may collect the following types of personal information in order to provide you with the use of Willowpay Services, and to help us personalize and improve your and others' experience.

Information we collect automatically:

When you use Willowpay Services, we may collect information sent to us by your computer, mobile phone or other access device. The information sent to us may include, but is not limited to, the following: data about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad data, and standard web log data and other information. We also collect anonymous information through our use of cookies and web beacons.

Information you provide to us:

We may collect and store any information you provide us when you use Willowpay Services, including when you add information on a web form, add or update your account information, participate in community discussions, chats, or dispute resolutions, or when you otherwise correspond with us regarding Willowpay Services.

When you use Willowpay Services, we also may collect information about your transactions and your activities, such as records of goods or services purchased or considered, as well as purchasing or consuming histories or tendencies. In addition, if you open a Willowpay account or use Willowpay Services, we may collect the following types of information:

• Contact information, such as your name, address, phone, email and other similar information.
• Financial information, such as information about your current employer and your employment history and the full bank account numbers and/or credit card numbers that you link to your Willowpay account or give us when you use Willowpay Services.
• Detailed personal information such as your date of birth or Social Security Number.
• Biometric information, such as information about your physiological, biological and behavioral characteristics.

We may also collect information from or about you other than through your use of the Willowpay Services, such as through your contact with us, including our customer support team, your results when you respond to a survey, your interactions with members of the Willowpay corporate family or other companies (subject to their privacy policies and applicable law), and from other accounts we have reason to believe you control (whether in part or in whole). Additionally, for quality and training purposes or for its own protection, Willowpay may monitor or record its telephone conversations with you or anyone acting on your behalf, subject to applicable law. By communicating with Willowpay, unless otherwise provided by applicable law, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning.

Information from other sources:

We may also obtain information about you from third parties such as credit bureaus and identity verification services with whom we have contractual relationships. You may choose to provide us with access to certain personal information stored by third parties such as social media sites (e.g., Facebook and Twitter). The information we may receive varies by site and is controlled by that site. By associating an account managed by a third party with your Willowpay account and authorizing Willowpay to have access to this information, you agree that Willowpay may collect, store and use this information in accordance with this Privacy Policy.

Mobile Devices:

When you download or use our mobile applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. This does not apply to mobile information collected through the SMS Program (including your mobile telephone number and SMS opt-in data), which is never used for advertising and is governed solely by the "SMS / Text Messaging Privacy" section below. Most mobile devices allow you to control or disable location services in the device's setting's menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.

How we use the personal information we collect

Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience with the Willowpay Services. We may use your personal information to:

• provide Willowpay Services and customer support;
• communicate with you, respond to your requests, and send information to you; including communications regarding our site or Willowpay Services, updates and/or any changes to our site or Willowpay Services;
• process transactions and send notices about your transactions;
• verify your identity, including during account creation and password reset processes;
• resolve disputes, collect fees, and troubleshoot problems;
• manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
• detect, prevent or remediate violations of policies or applicable user agreements;
• improve the Willowpay Services by customizing your user experience;
• measure, analyze and gain insights into the performance of the Willowpay Services and maintain or improve their content, design, delivery and layout;
• manage and protect our information technology infrastructure;
• provide targeted marketing and advertising, provide service update notices, and deliver promotional offers based on your communication preferences; provided that this does not apply to your mobile telephone number, SMS opt-in status, SMS consent records, or SMS message content collected through the SMS Program, which we do not use for marketing, advertising, or promotional purposes and which are governed solely by the "SMS / Text Messaging Privacy" section below;
• contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by our User Agreement; provided that any text (SMS) messages sent under the SMS Program, and the mobile information and consent records collected through it, are used solely for the transactional and account-servicing purposes described in, and are governed solely by, the "SMS / Text Messaging Privacy" section below, and are never used for marketing or promotional messaging;
• perform creditworthiness and solvency checks, compare information for accuracy and verify it with third parties;
• other business or operational purposes compatible with the context in which the personal information was collected;
• prevent fraud and other illegal activities;
• comply with applicable law;
• defend our legal rights.

We may contact you via electronic means or postal mail to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, or as otherwise necessary to service your account. Additionally, we may contact you to offer coupons, discounts and promotions, and inform you about Willowpay Services and the services of our corporate family. Finally, we may contact you as necessary to enforce our policies, applicable law, or any agreement we may have with you. To reach you as efficiently as possible, we may contact you via phone, and may use autodialed or prerecorded calls. Any promotional or marketing communications described in this paragraph are not sent through the Willowpay SMS Program; text (SMS) messages sent through the SMS Program are transactional and account-servicing only and are governed solely by the "SMS / Text Messaging Privacy" section below. Where applicable and permitted by law, you may decline to receive certain communications.

Marketing

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your personal information with information we collect from other companies and use it to improve and personalize Willowpay Services, content, and advertising delivered to you and other users. Notwithstanding the foregoing, mobile information collected through the SMS Program — including your mobile telephone number, SMS opt-in status, SMS consent records, and SMS message content — is never sold, rented, or shared for marketing or promotional purposes (with or without your consent), is not combined with third-party data for advertising, and is governed solely by the "SMS / Text Messaging Privacy" section below. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference by logging into your account and going to the Notifications section and updating your preferences, or by following the directions that may be provided within the communication or advertisement.

We respect your communication preferences. If you no longer wish to receive notifications via our application, you can adjust your preferences by visiting the settings page of the application.

How We Use Cookies and Similar Technologies

When you access our website or use Willowpay Services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, pixel tags, e-tags, "Flash cookies," or other local storage provided by your browser or associated applications (collectively "Cookies"). We use these technologies to recognize you as a customer; customize Willowpay Services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites and Willowpay Services.

You are free to decline our Cookies if your browser or browser add-on permits, unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, declining our Cookies may interfere with your use of our website and Willowpay Services.

Do Not Track:

Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not currently respond to DNT signals. We do, however, provide you notice of the tracking by advertisers and other third parties in our Privacy and Cookies policies.

How We Protect and Store Personal Information

Throughout this Privacy Policy, unless otherwise stated, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous so that it does not identify a specific user.

Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, the use of third-party service providers. We, and third-party service providers on our behalf, store and process your personal information in the United States and elsewhere in the world. If your information is transferred to other countries, including countries which may not have data protection laws that provide the same level of protection that exists in your country, we will protect the information as described in this Privacy Policy.

We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to data centers, and information access authorization controls.

Your California Privacy Rights (CCPA/CPRA)

This section applies to residents of California whose personal information we collect, including California residents who visit this website or join a Willowpay waitlist, even though the Willowpay Services are not currently offered in California. Our decision not to offer the Willowpay Services in California does not limit your rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the "CCPA").

In the preceding twelve (12) months, we may have collected the categories of personal information described in the "Collection of Personal Information" section above, including identifiers (such as name, email address, telephone number, IP address, and device identifiers), commercial information, geolocation data, internet or network activity information (such as browsing and interaction data collected through cookies and similar technologies), and, where you provide it, financial information. We collect this information for the business purposes described in the "How we use the personal information we collect" section above.

Subject to certain exceptions, California residents have the right to: (i) know and access the personal information we have collected about them; (ii) request deletion of their personal information; (iii) request correction of inaccurate personal information; (iv) opt out of the "sale" or "sharing" of their personal information; (v) limit the use and disclosure of sensitive personal information; and (vi) not receive discriminatory or retaliatory treatment for exercising these rights.

To the extent we "sell" or "share" personal information for cross-context behavioral advertising as those terms are defined under the CCPA (for example, through advertising or analytics cookies and similar technologies, as described in the "How We Use Cookies and Similar Technologies" section above), you have the right to opt out, which you may do by adjusting your cookie and tracking preferences or by contacting us using the details below. We do not sell, rent, or share mobile telephone numbers, SMS opt-in status, SMS consent records, or SMS message content collected through the SMS Program, and such information is never used for cross-context behavioral advertising, as described in the "SMS / Text Messaging Privacy" section below.

To exercise any of these rights, contact us at legal@willowpays.com. We will verify your request as required by law and will not discriminate against you for exercising your rights. You may also use an authorized agent to submit a request on your behalf.

SMS / Text Messaging Privacy

This section describes how Willowpay collects, uses, stores, shares, and protects personal information in connection with the Willowpay SMS/text messaging program (the "SMS Program"), and it supplements, and is subject to, all other provisions of this Privacy Policy. The full operational terms of the SMS Program are set forth in the SMS/Text Messaging Program Terms and Conditions in the Willowpay Terms of Use, which are incorporated herein by reference.

Information we collect through the SMS Program:

When you provide your mobile telephone number to Willowpay and/or otherwise opt in to the SMS Program, we collect and store the following categories of information:

• Your mobile telephone number, including the number you submit during account creation, identity or phone verification, bill submission, profile updates, or any other workflow in which you provide it to Willowpay.
• Your wireless carrier and certain non-content telephony metadata returned by our SMS aggregator and your carrier (such as message delivery status, timestamps, message identifiers, error codes, and country/region of the handset).
• The content of messages you send to or receive from Willowpay through the SMS Program, including your replies to keywords such as HELP, STOP, START, and other support-related responses.
• Records of your consent (including the date, time, IP address, web form, or other method by which you opted in or out), maintained for compliance with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, and applicable wireless carrier requirements.

How we use information collected through the SMS Program:

We use information collected through the SMS Program solely to operate the Willowpay Services and the SMS Program itself. Specifically, we may use this information to:

• Send one-time passcodes and otherwise verify your identity at sign-up and during sensitive account actions;
• Send transactional and account-servicing notifications, including bill submission, approval, decline, payment status, Due Date reminders, failed payment, retry, collection, refund, dispute, and chargeback updates;
• Respond to your customer support requests and questions;
• Send security, account, and fraud alerts related to your Willowpay account;
• Maintain auditable records of consent, opt-in, and opt-out events as required by applicable law, CTIA guidelines, and carrier requirements;
• Diagnose, troubleshoot, and improve the technical performance and deliverability of the SMS Program; and
• Comply with our legal, regulatory, and contractual obligations.

No sharing with third parties or affiliates for marketing or promotional purposes:

Willowpay does not, and will not, sell, rent, lease, trade, license, or otherwise share your mobile telephone number, SMS opt-in status or consent records, or SMS message content with any third parties, affiliates, or lead generators for those parties’, or for our own, marketing, advertising, or promotional purposes. Information collected through the SMS Program is not used to build, supplement, or enrich any third-party marketing audience, lookalike audience, advertising segment, data co-operative, or data-licensing arrangement. Mobile telephone numbers, opt-in data, and consent records collected through the SMS Program are not, and will not be, included in any data sale, data lease, data sharing for cross-context behavioral advertising, or similar arrangement, whether for value or otherwise. Mobile information, including phone numbers and SMS opt-in data, will not be shared with third parties, affiliates, or lead generators for marketing or promotional purposes under any circumstances.

Limited service-provider sharing:

We share information collected through the SMS Program only with the limited set of service providers that help us deliver the Program — for example, our SMS aggregator (such as Twilio Inc.) and the wireless carriers that route messages to and from your device. Each such service provider is contractually limited to processing the information solely to deliver the SMS Program on Willowpay’s behalf, is prohibited from using the information for its own marketing or promotional purposes, and is required to apply appropriate confidentiality, security, and use-limitation controls. We may also disclose information collected through the SMS Program when required by law, subpoena, court order, or other valid legal process, or where we believe in good faith that disclosure is necessary to protect the rights, property, or safety of Willowpay, our users, or others, or to investigate or prevent fraud, security incidents, or violations of our agreements.

Storage and retention:

We retain information collected through the SMS Program for as long as necessary to operate your Willowpay account, deliver the messages described above, comply with applicable law (including TCPA recordkeeping obligations), enforce our agreements, and resolve disputes. Consent and opt-out records are retained for the period required by applicable law and carrier requirements, even after you opt out of the SMS Program or close your account.

Your choices: opt-out and help:

You may opt out of receiving messages from the SMS Program at any time by replying STOP to any message you receive from Willowpay. You may request information about the SMS Program by replying HELP. Opting out of the SMS Program does not delete your Willowpay account and does not stop other forms of communication (such as email or in-app notifications) that may be necessary to operate your account; to manage those, visit your account Settings or follow the unsubscribe instructions in the applicable communication. Message and data rates may apply. To request access to, correction of, or deletion of consent records or other SMS-related personal information, contact us at legal@willowpays.com. If you are a California resident, see the "Your California Privacy Rights (CCPA/CPRA)" section above for your rights and how to exercise them.

For the complete Privacy Policy document including sections on sharing information, cookies, California Consumer Privacy Act (CCPA), and more, please contact us at legal@willowpays.com or visit our website.