Privacy Policy – FundBank N.A.

Personal Data That FundBank Collects

Client Data Subjects

FundBank collects and processes certain personal data relating to individuals associated with our business clients, which may include clients’ directors, authorized signatories, shareholders, beneficial owners, employees, representatives, agents, and professional advisers (“client data subjects”). The types of personal data FundBank collects about client data subjects may include:

• Identification details (e.g., relationship to the client; name, address; date, and place of birth; nationality; government identification numbers; passport information; picture ID; signature; utility bill);
• Other due diligence information such as source of funds/wealth/financial standing; tax identification number; consumer reports; politically exposed person (PEP) status; information about regulatory, law enforcement, or sanctions status;
• Contact details (e.g., phone number, email address, mobile number, physical and mailing address); and
• Transactional details where there is direct data subject involvement (e.g., wire transfer/bank account details).

Personal data may be collected directly from our clients or the client data subjects in various interactions with FundBank, and from searches we may conduct of our own records, publicly available sources, and various specialist databases. We may also collect information automatically through cookies on our website and in certain email communications (see our Cookie Policy below).

Some of the information FundBank collects may fall within the category of sensitive personal data — for example, customer due diligence checks on client data subjects may reveal political opinions or information about criminal convictions or offenses. Where FundBank processes sensitive personal data, it will usually do so to comply with its obligations under anti-money laundering legislation.

Other Data Subjects

We also collect personal data when persons interact with our Site or Services.

• Identifiers/Contact Information. When you contact us or if you sign up for our mailing list, including via email or phone, we collect certain personal data from you, such as your name, phone number, email address, and any personal data that you otherwise submit to us.
• Survey Responses. When you fill out our surveys, we may collect your survey responses, including information regarding demographics, preferences, and your opinion about our Services or the survey topic. Participation in our surveys is voluntary.
• Professional information. When you work with us in your professional capacity, information about your company/employer, postal address, and phone number, your email address, and your position with the company.
• Communications and Interactions. When you email, call, or otherwise communicate with us or members of our team, we collect and maintain a record of your communications. We also maintain records of communications and information that you may post on our social media channels and information you provide to us related to any support requests.
• Events. If you register for or attend an event that we host or sponsor, we may collect personal data related to your registration for and participation in such event.
• Other Information. Depending on your interactions with us, we may collect additional information such as personal data related to your interactions with our Services.

Personal Information Collected Automatically

We automatically collect and derive personal data related to your use of our Services and your interactions with us. Such information may include:

• Device and Browsing Information. We use cookies, log files, pixel tags, and other tracking technologies to automatically collect information when users access or use our Services. We may collect device IP address, general location information, domain name, pageviews, date and time stamps, browser type, device type, device ID, Internet service provider, referring and exiting URLs, device operating system, language, clickstream data, and similar device and usage information.
• Activities and Usage. We also collect activity information related to your use of the Services, such as information about links clicked, searches, features used, pages viewed, and time spent within the Services.
• Location Information. We may collect or derive location information about you such as through your device’s IP address. With your permission, we may also collect geolocation information from your device. You may turn off location information sharing through your device’s settings.

The Purposes for Which FundBank Processes Personal Data

Set out below are the purposes for which FundBank may process personal data:

• To deliver our products and services to clients;
• To manage and administer our client relationships;
• To respond to inquiries and provide support for the Services;
• To comply with customer due diligence obligations and reporting obligations under applicable law regarding anti-money laundering and combatting the financing of terrorism and proliferation; financial sanctions; and FATCA/CRS;
• To comply with legal and regulatory measures to which we are subject in connection with our business and service provision, including in particular the conduct of the regulated activity of banking and trust business
• To better understand how users access and use our Services, products, and offerings, and for other research and analytical purposes, such as to evaluate and improve our Services and business operations, to develop Services, features, and new products and offerings, and for internal quality control and training purposes;
• To tailor the content that we may send you and that we may display on the Site or Services, including to offer personalized help and instructions, and to otherwise personalize your experience;
• For event planning and management, including registration, attendance, connecting you with other event attendees, and contacting you about relevant events and Services;
• To administer surveys, such as for market research, client satisfaction purposes or improving our products and Services; to conduct statistical and data analytics; and for other similar purposes;
• To respond to lawful requests for information from a court or law enforcement, regulatory or government authorities, subpoena or other legal process, and related legal proceedings for general commercial purposes, including marketing/business development (see further below), product/service development and enhancement, quality control, accounting, auditing, compliance, recordkeeping; in the context of any merger, sale, acquisition, reorganization, bankruptcy, financing or other business transactions involving FundBank or any of our assets; and other business purposes;
• To protect our Services and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our client agreement, Site or Services terms of use, or other agreements we have with you or this Privacy Policy;
• To respond to or evaluate any queries or complaints concerning your relationship with us; and
• To establish, exercise, or defend legal claims or rights.

By way of marketing/business development, we may communicate with you from time to time about products, services, and events offered by FundBank or our affiliates or those of other parties that we think may be of interest to you, and/or send analysis and insight communications that we think may be of interest. Individuals can opt-out at any time to the receipt of such communications.

With Whom FundBank May Share Personal Data

Set out below are the parties with which FundBank may share personal data:

• Our service providers (including specialist database/screening services), counterparties, and professional advisors;
• Our outsource service providers where involved in processing personal data on our behalf (i.e., acts as data processor), including, for example, our information technology service provider;
• Regulatory, law enforcement, judicial, or other competent authorities, and other parties (such as in response to a subpoena or court order) under lawful request or legal obligation;
• FundBank affiliates or members of our corporate group or under common majority ownership with us, including internal service companies and companies with which our clients have a direct customer relationship;
• Any concerned party (including their advisors or service providers) as a result of a merger or the sale or acquisition of FundBank or a FundBank service line or asset (including as part of a bankruptcy or insolvency proceeding);
• Analytics and advertising network providers, sponsors, or traffic measurement services, who may use this information to help us better understand how users access and use the Services and to improve and measure the effectiveness of our advertisements and those of other parties; and
• When we believe it is appropriate to do so to investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our client agreement, Site or Services terms of use, or other agreements we have with you or this Privacy Policy, or as evidence in litigation in which we are involved.

We may disclose personal data in ways not described above. If we do so, we will notify you, and if necessary, obtain your consent.

Aggregate and De-Identified Information

To the extent permitted by applicable law, we may receive, use, and disclose aggregate and other non-identifiable information related to our business, products, and Services for quality control, analytics, research, development, marketing, and other purposes.

Cookies and Tracking

We and our providers use cookies, pixel tags, and other similar tracking technologies to automatically collect information about browsing activity, device type, and similar information within our Site and Services. This information, which may be considered personal data in some jurisdictions, is used, for example to analyze and understand how you access, use, and interact with our Site and Services; to identify and resolve bugs and errors in our Site and Services; to assess, secure, protect, optimize, and improve the performance of our Site and Services; for marketing, advertising, measurement, and analytics purposes; and to personalize content on our Site. We may also de-identify and/or aggregate such information to analyze trends, administer our Site and Services, and gather broad demographic information for aggregate uses, and for any other lawful purposes.

Cookies. Cookies are alphanumeric identifiers used for tracking purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process, to support the security and performance of the Site and Services, or to allow us to track activity and usage data within and across our Site and Services.

Pixel Tags and Similar Technologies. Pixel tags (sometime called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. We may use these tracking technologies to understand users’ activities, to help manage content and compile usage statistics, and in emails to let us know when they have been opened or forwarded so we can track response rates and gauge the effectiveness of our communications.

Local Storage Objects. Local storage is a web storage mechanism that allows us to store data on a browser that persists even after the browser window is closed. Local storage may be used by our web servers to cache certain information in order to enable faster loading of pages and content when you return to our websites. You can clear data stored in local storage through your browser. Please consult your browser help menu for more information.

Analytics. We use analytics tools, such as Google Analytics, to evaluate usage and traffic on our Site and Services. These analytics providers use cookies, pixels, and other tracking technologies to collect usage data to provide us with reports and metrics that help us analyze, improve, and enhance performance and user experience. You can learn more about how Google uses your information at www.google.com/policies/privacy/partners/ (“How Google uses information from sites or apps that use our services”). You can also download the Google Analytics Opt-out Browser Add-on to prevent your information from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Advertising Networks. We work with ad networks, channel partners, mobile ad networks, analytics and measurement services, and others (“ad networks”) to personalize content and display advertising within our Services, as well as to manage our advertising on third-party websites, mobile apps, and online services. We may share certain information, including personal data, with ad networks, and we may each use cookies, pixels tags, and other tools to collect usage and browsing information within our Services, as well as on third-party websites, apps, and services. This information may include IP address, location information, cookie and advertising IDs, and other identifiers, as well as browsing information.

Custom Lists and Matching. We may share or make available certain customer list information (such as your name, email address, and other contact information) with ad networks, social media platforms, and other providers so that we can better target ads and content to you across third party sites, platforms, and services. In some cases, these parties may help us to enhance our lists with additional demographic or other information, so we can better target our advertising and marketing campaigns or create lookalike audiences to help us identify potential new clients.

Do-Not-Track. Currently, our Services do not recognize web browser “Do-Not-Track” requests. You may, however, disable certain tracking as discussed herein (e.g., by disabling cookies).

Retention of Personal Data

FundBank will retain personal data for the duration of your client relationship with FundBank or for as long as reasonably necessary to fulfill the purposes for which it was collected, and, in each case for such period after the relationship ends as is necessary to comply with applicable record retention requirements under the law (e.g., anti-money laundering legislation) or to enable FundBank to be in a position to deal with any complaint, claim, or dispute that might arise.

Security

FundBank deploys reasonable technical and organizational measures designed to ensure that personal data is protected against unauthorized or unlawful processing and accidental loss, destruction, or damage.

Data Subject Rights

You have certain choices regarding our processing of your personal data. For example:

Marketing Communications. We may send periodic promotional and operational emails or other similar communications to you. You may change your preferences or unsubscribe by following the instructions provided to you in the communication. If you opt out of receiving promotional emails from us, we may still send you communications about your account or any Services you have requested or received from us.

Industry Ad Choice Programs. You can also control how participating ad networks use the information that they collect about your visits to our Site and Services and those of third parties, in order to display more relevant targeted advertising to you. You can obtain more information and opt out of receiving targeted ads from participating ad networks at https://aboutads.info/choices (Digital Advertising Alliance).

Cookie Preferences. You can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The “Help” portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies. Visitors to our Site who disable cookies will be able to browse the Sites, but some features may not function. If you visit our Site from a different device or from a different browser on the same device, you will need to apply your cookie settings for that browser and/or device as well.

Third-Party Links

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but instead is governed by the privacy notices of those third-party websites. We are not responsible for the information practices of such third-party websites.

Children’s Information

Our Site and Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems. If you are a parent or guardian and believe we have collected your child’s information in violation of applicable law, please contact us at USComplianceDepartment@fundbank.com.

How to Contact FundBank

If you have any questions about this Notice or how to make a subject access request or exercise other data subject rights, please contact us at USComplianceDepartment@fundbank.com.

Changes to This Privacy Notice

We reserve the right to modify this privacy notice from time to time at our sole discretion. If we make any material changes, we will post a notice on our website and update the “Last Updated” date at the bottom of this privacy notice. A copy of the latest version may be requested from USComplianceDepartment@fundbank.com at any time.

Last Updated: November 19, 2024