The legal stuff

Effective Date: April 18, 2024

Thank you for using Check. Check Technologies, Inc. (“Check”, “we”, or “us”) respects your privacy. We offer services that enable platforms and software providers to provide payroll services.

This Privacy Policy describes how Check collects, uses, and discloses information we collect from and about you in connection with your access to or use of Check’s websites and our products and services, as well as your related interactions with us (collectively referred to herein as the “Services”).  

Check obtains information about you from various sources. “You” may be a visitor to one of our websites, a customer of one or more of our products or services (“Check Customer”), or a user of a Check Customer (“User”). If you are a User, Check will generally not collect your information directly from you. Your agreement with the relevant Check Customer should explain how the Check Customer discloses your information with Check, and if you have questions about this disclosure, then you should direct those questions to the Check Customer.  

Please also note that the Services are in some instances considered financial services that are subject to financial privacy laws that may contain additional or different obligations with respect to the processing of financial data.  In the event of a conflict between this Privacy Policy and such financial privacy laws, the rules of such financial privacy laws will govern.

Information We Collect

This section details the types of information we collect from and about you in relation to your use of the Services.

Information You Give Us

Check Customers.  If you are a Check Customer, you will provide your contact information, such as name, mailing address, telephone number, and email address. As part of your business relationship with us, we may also receive financial and related information about you, such as your date of birth and government identifiers associated with you and your organization (such as your social security number, tax number, or Employer Identification Number).

Check Users.  If you are a User, when you are hired or setup payroll through a Check Customer’s website or application, we will receive your information. Depending on how the Check Customer implements our Services, we may receive this information directly from you, or from the Check Customer or third parties. The information we collect may include your name, mailing address, date of birth, email address, telephone numbers, government identifiers associated with you (such as your social security number), or other information about how you use the Services or the services of the Check Customer.

Others.  Regardless of whether you are a Check Customer, Check User, or website visitor, you may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, (iv) in connection with an actual or potential business relationship with us, or (v) by giving us your business card or contact details at trade shows or other events.

Information We Collect from Third Parties

When we conduct fraud monitoring, prevention and detection activities, we may also receive information about you from our business partners, financial service providers, identity verification services, and publicly available sources (e.g., name, address, phone number, country), as necessary to confirm your identity and prevent fraud.  We may also receive information about you from other sources, such as business partners, marketers, researchers, analysts, social network services, and other parties to help us supplement our records.  

Information We Collect Based on Your Activity on Our Services

In order to analyze use of our Services, improve our Services, and maintain records required by law, we collect information about your activity on our Services. For example, we collect information about your computer and your use of the Services, such as your IP address, general geographical location, browser type, referral source, length of visit, button clicks, and mouse movement and page views. In addition, we collect device-specific information such as hardware model, operating system version, unique device identifiers, and mobile network information including phone number.

We and our advertising partners and service providers use technologies such as cookies, beacons, tags, and scripts, and application programming interfaces (APIs) to analyze trends, administer our Services, track use of the Services, and gather demographic information about our user base as a whole. We may receive reports on this activity on an individual and aggregated basis.  Cookies are also used to gather statistical data, such as which pages are frequently visited, what is downloaded, and the address of sites visited immediately before or after coming to our Site. You can control the use of cookies within your web browser. However, if you reject cookies, your ability to use some features or areas of our Services may be limited. To learn more about cookies, beacons and similar technologies, and how you may opt-out of some of this tracking, you may wish to visit http://www.allaboutcookies.org/ or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/.

We also partner with third parties to manage our advertising on other websites and evaluate the overall performance of our Services. Our third-party partners may use technologies such as cookies and pixels to gather information about your activities on our Services and other sites in order to provide you advertising based upon your browsing activities and interests or help us track the success of our advertising efforts.

If you do not wish to have this information used for the purpose of serving you interest-based ads, you may opt-out of certain advertising networks by using the links provided above or by following the instructions in the “Your Rights and Choices” section below.  Please note this does not opt you out of being served ads as you browse the internet. You will continue to receive generic ads.

How We Use the Information We Collect

We use the information we collect in connection with offering Services, and for related business purposes as follows:

• Provide, maintain, and improve the Services;
• Process payments, prepare tax filings and paystubs and communicate that information to taxing authorities and employers;
• Send technical notices, updates, security alerts, and support and administrative messages and to respond to your comments, questions, and customer service requests;
• In accordance with applicable legal requirements, communicate with you about products, services, and events offered by Check and others, and provide news and information we think will be of interest to you.  You can opt out of these promotional messages by following the unsubscribe link in the messages or by contacting us using the contact information below;
• Monitor and analyze trends, usage, and activities in connection with our Services;
• Create de-identified data sets to analyze and improve our Services;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Check and others;
• Comply with laws, rules and regulations, including any disclosure or reporting obligations;
• Carry out any other purpose described to you at the time the information was collected; and
• For other purposes where you provide your consent.

How We Disclose and Categories of Third Parties to Which We Disclose Information

We disclose your information to others in the following circumstances:

• As Necessary to Provide You the Products and Services You Request.  We will disclose your information to banks, government agencies and taxing authorities, including but not limited to the Internal Revenue Service and state and local tax agencies, as necessary to provide the Services to you.

• Our Business Partners.  We will disclose information to our business partners, but only to the extent you have purchased a product or service from such partner, interacted with such partner, or otherwise authorized the disclosure of information.

• With Our Affiliates. We may disclose your information to other companies owned by or under common ownership with us. These companies will use your information in the same way as we can under this Privacy Policy.

• Service Providers/Processors.  We will also disclose your information to third-party service providers and processors that perform services on our behalf, as needed to perform such services, which may include billing, payments, service fulfillment, web hosting, or analytic services.

• For Legal Reasons.  We may disclose your information to companies, organizations or individuals as required by law or subpoena or if we reasonably believe in good faith that such action is necessary to (i) comply with, any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms, detect, prevent or address fraud, or to protect the security or integrity of our Services; and/or (iii) exercise or protect the rights, property, or personal safety of us, our users or others.

• In Connection with a Sale or Other Business Transaction.  We may disclose your information to companies, organizations or individuals in connection with a business transaction, such as a merger, sale of some or all of our assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings.

• Where We Have De-Identified the Data.  We may also aggregate, de-identify, or otherwise strip data of all personally identifying characteristics and may disclose that aggregated and/or de-identified data with other companies, organizations or individuals in our discretion.

• Advertising and Analytics Partners.  As discussed above in the "Information We Collect Based on Your Activity on Our Site" section, we may disclose to or allow access to certain information about you by our online advertising and analytics partners.

• With Your Consent. We may disclose your information to third party companies, organizations or individuals when we have your consent to do so.

Your Rights and Choices

Marketing Opt Out Rights

If you do not want to receive promotional emails from us, you may stop receiving such emails by clicking on the “unsubscribe” link provided in such emails. You may not, however, opt out of service-related emails and communications (for example, you may not opt out of emails related to account verification, changes/updates to features of our Services, technical and security notices or that provide other transactional information).  Please note that it may take some time to process your request in accordance with applicable law.  

Information Rights

Depending on your jurisdiction of residence (e.g., California, Colorado), you (or an authorized agent acting on your behalf) may be able to make certain requests related to your information in accordance with applicable laws. Specifically, you may be able to request us to:

• Inform you about the categories of information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your information; and the categories of third parties with whom we disclose information. Such information is also set forth in this privacy policy.

• Provide access to and/or a copy of certain information we hold about you.

• Delete certain information we have about you.

• Correct your information.

• Request to opt out of certain automated processing of your information, if relevant.

We will not discriminate against you for exercising your rights. Please note that certain information may be exempt from such requests under applicable law. For example, we need certain information in order to provide the Services to you, and certain information we process about you may be subject to financial privacy or other laws and is therefore not within the scope of these opt out rights.  We may also reject requests related to updating or deleting information that are unreasonably repetitive, require disproportionate technical effort (for example, fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for example, requests concerning information residing on backup systems).

We also will take reasonable steps to verify your identity before responding to a request.  If we are unable to verify your identity, we shall have the right, but not the obligation, to request additional information from you.

If you are a User under a Check Customer account, we may need to direct you or your request directly to the Customer as the “data controller” or “business” to complete your request.

If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, or if you are an authorized agent making a request on a user’s behalf, please contact us using the contact information below. Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you.

Sale/Targeted Advertising Opt Out Rights

As explained in the “Information We Collect Based on Your Activity on our Site” section above, we sometimes disclose information (e.g., usage information, online identifiers, and/or hashed email addresses) to unaffiliated third parties we collaborate with or that provide online targeted advertising that we think may be of value to you, or to assist us with analytics. These disclosures may be considered a “sale” or the processing/sharing of information for targeted advertising purposes under applicable law.

If you would like to opt out of our disclosure of your information through cookies and pixel technologies for purposes that could be considered “sales” or “sharing” for purposes of targeted advertising, please click here. You can also submit a request to opt out of our disclosures of information for these activities that are not cookie and pixel based by emailing us at privacy@checkhq.com.

Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.

Retention of Your Information

We retain information for different periods of time depending on the purposes for which we collect and use it, as described in this Privacy Policy. We will delete or de-identify information when it is no longer needed to fulfill these purposes unless a longer retention period is required to comply with applicable laws. There may be technical or other operational reasons where we are unable to fully delete or de-identify your information. Where this is the case, we will take reasonable measures to prevent further processing your information.

Privacy Information for California Residents

If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to provide you with the following additional information about: (1) the purpose for which we use each category of “personal information” (as defined in the CCPA and which is subject to the CCPA) we collect; and (2) the categories of third parties to which we (a) disclose such personal information for a business purpose, (b) “share” personal information for “cross-context behavioral advertising,” and/or (c) “sell” such personal information. Under the CCPA, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across websites, and “selling” is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. We “share” information to provide more relevant and tailored advertising to you regarding our Services. Our use of third-party analytics services and online advertising services may result in the sharing of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a “sale” under the CCPA.

Please note that given the financial nature of our Services and the applicability of certain financial privacy laws to some of our processing operations, not all of the personal information we collect from and about you is subject to the CCPA; therefore, in this section, we address only the personal information that is subject to the CCPA.

Your Choices Regarding “Sharing” and “Selling”

If you would like to opt out of our disclosure of your personal information through cookies and pixel technologies for purposes that could be considered “sales” or “sharing” for purposes of targeted advertising, please click here. You can also submit a request to opt out of our disclosures of information for these activities that are not cookie and pixel based by emailing us at privacy@checkhq.com.

Other CCPA Rights

If we ever offer any financial incentives in exchange for your personal information, we will provide you with appropriate information about such incentives.

The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes.

Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA.

Please see the “Your Rights and Choices” section of our Privacy Policy above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.

Retention of Your Personal Information

Please see the “Retention of Your Information” section above.

Shine the Light Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we disclose certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not disclose your personal information to third parties for their own direct marketing purposes.

Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our websites for third-party purposes, and that is why we provide the variety of opt-out mechanisms listed in this Privacy Policy. Some web browsers offer users a “Do Not Track” privacy preference setting in the web browser. We do not currently recognize or respond to browser- initiated Do Not Track signals.

Information Security

We maintain a variety of administrative, physical, and technical safeguards designed to prevent any unauthorized use, access, processing, destruction, loss, alteration, or disclosure of the information we process. In the event that any information under our control is compromised as a result of a breach of security, we will investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations. Please note, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information. You transmit information to us at your own risk.

Children’s Privacy

We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for an account. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us using the contact information below.

Third-Party Links and Features

This Services may contain links to, and incorporated features from, other websites or third parties that are not owned or maintained by us. Unless otherwise stated, we make no warranties or representations regarding such links or features, or the products or services offered by them. We do not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of such third parties, as their practices may differ from ours.

Contacting Us

If you have any questions about this Privacy Policy or our data processing activities, please contact us at privacy@checkhq.com or send physical mail to:

Check Technologies, Inc.
Attn: Legal
228 Park Ave. S, PMB 14961
New York, NY 10003, USA

Changes

Any changes to this policy become effective when posted to the Services and as indicated by the “Effective Date” at the top of the policy. If you have registered for an account through the Services, we will notify you of any material changes to this policy by using any of the contact information you have provided to us or by other means in accordance with applicable legal obligations.