Privacy Policy for AP Technology Cloud Services and Web Properties

Updated 12/05/2023

Your Privacy Rights

This Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing and protection of your information. It applies to AP Technology, Checkrun and all AP Technology sites, applications, services and tools (collectively, “AP Cloud Services”) regardless of how you access or use them.

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 all AP Technology sites, applications, and services. This Privacy Policy is intended to govern the use of AP Cloud Services by you and your users (including, without limitation those who use the Cloud Services in the course of their trade or business) unless otherwise agreed to in a 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 date. In addition, if the revised version includes a substantial change, we will provide you with 30-days prior notice by posting notice of the change on the Checkrun About Us page of our website (https://checkrun.com/about-us/). After this 30-day notice period, you will be considered as having expressly consented to all amendments within this Privacy Policy.

Collection Of Information

We collect the following types of information in order to provide you with the use of AP Cloud Services, and to help us improve your experience.

Information We Collect Automatically

When you use AP Cloud Services, we collect information sent to us by your computer, mobile phone and/or other access devices. The information sent to us includes, 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, standard web log data and other information. We may also collect anonymous information through the use of cookies and web beacons.

Information You Provide To Us

We may collect and store any information you provide us when you use AP Cloud Services, including information on web forms that have added or updated account information, a dispute resolution, or when you otherwise correspond with us regarding AP Cloud Services. When you use AP Cloud Services, we may also collect information about your transactions and your activities:

• Contact information, such as your name, address, phone, email and other similar information.
• Financial information, such as the full bank account numbers used with your AP Cloud Service account or when using AP Cloud Services.

We may also collect information from or about you from other interactions with AP Cloud Services, such as through your contact with us, including AP Technology customer support team, your results when you respond to a survey, your interactions with members of AP Technology 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, AP Technology may monitor or record its telephone conversations with you or anyone acting on your behalf. By communicating with AP Technology, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning.

Personal information collected from individuals visiting the AP Technology and/or Checkrun websites will not be shared with third-party entities without their expressed written permission.

Information From Other Sources

We may also obtain information about you from third parties such as credit bureaus, identity verification services and Federally required databases for compliance purposes.

Authentication and Fraud Detection

In order to help protect you from fraud and misuse of your information, AP Technology may collect information about you and your interactions with AP Cloud Services. We may also evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

Plaid – 3rd Party Bank Account Verification

AP Cloud Services utilizes Plaid, a secure 3rd party solution to securely connect your financial accounts to the Checkrun app. The Account and Routing Numbers are confirmed one time during bank account verification. If you are not comfortable using Plaid, we can set up manual bank verification on your Checkrun membership. This alternate process requires that you reach-out to [email protected] or via our Crisp online chat bot to validate your accounts before utilizing Checkrun for printing checks on blank check stock or using our print and mail service.

Alternate Account verification process requires a voided check with the business name matching the Checkrun business name containing the MICR line with the account number and routing number.

Using Your Mobile Device

AP Technology may offer you the ability to connect with AP Cloud Services using a mobile device, either through a mobile APP or via a mobile optimized website. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices.

When you download or use our mobile APP, or access one of our mobile optimized sites, AP Technology may receive information about your location and your mobile device, including a unique identifier for your device.

How We Use The Information We Collect

Personal information collected from individuals visiting the AP Technology and/or Checkrun websites will not be shared with third-party entities without their expressed written permission, unless that information is required to complete a transaction on the Checkrun and/or AP Technology websites.

AP Technology’s primary purpose in collecting information is to provide you with a secure, smooth, efficient, and customized experience. AP Technology may use your information to:

• provide AP Cloud Services and customer support;
• 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 AP Cloud Services by customizing your user experience;
• measure the efficiency of the AP Cloud Services and improve their content, layout and performance;
• manage and protect our information technology infrastructure;
• provide targeted marketing and advertising, provide service update notices, and deliver promotional offers;
• contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by our User Agreement;
• perform creditworthiness and solvency checks, compare information for accuracy and verify it with third parties.

AP Technology may contact you via electronic means or by postal mail to communicate with you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees and/or monies owed, to poll your opinions through surveys or questionnaires, or as otherwise necessary to service your account. Additionally, AP Technology may contact you to offer coupons, discounts and promotions, and to inform you about AP Technology and our various services.

Finally, AP Technology may contact you as necessary to enforce our policies, applicable law, or any agreement we may have with you. So as to communicate effectively and quickly, you consent to AP Technology communications as described in our User Agreement. Where applicable and permitted by law, you may decline to receive certain communications from AP Technology.

How AP Technology Uses Cookies and Similar Technologies

When you access our website or use AP Cloud Services, AP Technology (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”).

AP Technology uses these technologies to recognize you as a customer; to customize AP Cloud Services, content, and advertising; to help ensure that your account security is not compromised; to mitigate risk and prevent fraud; and to promote trust and safety across AP Cloud 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 AP Cloud Services.

Information Shared to Complete Transactions

When transacting with others, AP Technology may provide those parties with information necessary to complete a transaction, such as your name, account ID, contact details, shipping and billing address, or other information needed to promote the reliability and security of the transaction. If a transaction is held, fails, or is later invalidated, AP Technology may provide details of the unsuccessful transaction.

To facilitate dispute resolution, AP Technology may provide your information. The receiving party is not allowed to use this information for unrelated purposes, such as to directly market to you, unless you have expressly agreed to it in writing. Contacting users with unwanted or threatening messages is against AP Technology policies and constitutes a violation of our Services Agreement.

AP Technology will not disclose your personal and/or account information with the third parties that offer or use AP Cloud Services, except with your expressed permission or if we are required to do so to comply with ACH rules, a subpoena, or other legal process.

How AP Technology Shares Information with Other Third Parties

AP Technology may share information we collect from you, including your name, contact details, and transactions and activities, with:

• Members of AP Technology to provide joint content, products, and services (such as registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about products, services, and communications.
• Credit bureaus and collection agencies to report account information, as permitted by law.
  • Banking partners as required by ACH rules for inclusion on their list of terminated merchants (in the event that you meet their criteria which includes having AP Technology close your AP Cloud Services Account due to your breach of the AP Technology’s User Agreement).
• Companies that we plan to merge with or are acquired by. (Should such a combination merger or acquisition occur, we will require that the new combined entity follow this Privacy Policy with respect to your information. If your information is to be used contrary to this policy, you will receive prior notice.)
• Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to AP Technology or one of its affiliates; when we need to do so to comply with applicable law or ACH rules; or when we believe, in our sole discretion, that the disclosure of information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement.
• Fraud Prevention and Risk Management: to help prevent fraud or assess and manage risk.
• Customer Service: for customer service purposes, including to help service your accounts or resolve disputes (e.g., billing or transactional).
• Legal Compliance: to help them comply with anti-money laundering and counter-terrorist financing verification requirements.
• Service Providers: to enable service providers under contract with us to support our business operations, such as fraud prevention, bill collection, customer service and technology services. AP Technology contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.

How You Can Contact Us About Privacy Questions

If you have questions or concerns regarding this Privacy Policy, you should contact us by calling customer service at 800-652-2877.

AP Technology Acceptable Use Policy

You are independently responsible for complying with all applicable laws in every action related to your use of AP Technology’s services which include Checkrun (“Services”), regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

We may amend this policy at any time by posting a revised policy on our website. The revised policy will be effective at the time we post it. In addition, if the revised policy includes a substantial change, we will provide you with 30-days prior notice by posting notice of the change on the “Policy Updates” page of our Checkrun.com website.

A. Eligibility

You must be a resident of the United States or Canada and 18 years or older to use the Services. You must use the Services within the United States or Canada unless approval for use outside of those areas is provided through a written agreement with AP Technology.

You are solely responsible for ensuring that your use of the Services is in conformance with applicable federal, state and local laws and regulations. By using the Services, you warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that it has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

B. Third Party Agreements

You acknowledge and agree that this Agreement is between you and AP Technology LLC, not with any third party (including, but not limited to, Apple®, Google®, any mobile carrier, or any Participating Merchant (as defined below), and that AP Technology, is solely responsible for the Services. Your use of the Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties including your ISP/Internet Service Provider and Banking Affiliations.

Please note that AP Technology may open its application programming interface (“API”) to third parties, so your use of such third-party service may be subject to agreements with those parties when using the service AP Technology has no liability or responsibility for your use of these third-party services.

C. Prohibited Activities

You may not use the Services for activities that:

1. Violate any law, statute, ordinance or regulation.

2. Relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene or offensive, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.

3. Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.

4. Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Services and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using your user name and password. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.

If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect AP Technology, another Services user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

• We may close, suspend, or limit your access to your account or the Services (such as limiting access to any of your funding sources, and your ability to send money, make withdrawals, or remove financial information);
• we may contact users who have sent you money, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
• may update inaccurate information you provided us;
• we may refuse to provide our Services to you in the future;
• we may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability;
• and we may take legal action against you.

AP Technology, at its sole discretion reserves the right to terminate or modify this Agreement at any time. Company may restrict access to its website and/or services for any reason and at any time. In case of such action(s), pro-rata reimbursement for prepaid services may be attained by contacting the AP Technology Accounting Department.

D. Transaction History

You may view your transaction history by logging into Checkrun. You agree to review your transaction history through your online account instead of receiving periodic statements by mail.

In the event of an error, you give AP Technology permission, subject to AP Technology’s compliance with applicable law, to make appropriate corrections by debiting or crediting your Services balance, or debiting or crediting your primary or alternate funding sources as applicable.

E. Limitations on Liability

The Maximum Liability of AP Technology, our suppliers and subcontractors under this agreement for direct or consequential damages arising out of or in any way connected to this agreement or services or any application or content made available through any such service shall be limited to the fees paid during the preceding twelve months prior to the claim. The existence of multiple claims or suits under or related to this Agreement and/or the service(s) will not enlarge or extend this limitation of damages.

These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or AP Technology or a Covered Third Party knew or should have known about the possibility of the damages.

These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.

Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

F. Indemnification

You agree to defend, indemnify and hold harmless AP Technology LLC, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorney fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.

G. Force Majeure

We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.

H. Checkrun Print and Mail Privacy

Checkrun does not disclose user information, except when it is necessary as stated within this policy. Checkrun’s Print and Mail Privacy Policy is our commitment to safeguarding your privacy and governs the use of information collected from you or provided by you while using our Checkrun Application and services. Please review our Checkrun Terms of Use to understand our policies.