End User Terms & Privacy Policy

Terms of Use

Last modified June 11, 2024

These Terms of Use (“Terms”) are a contract between you and Atomic FI, Inc. (“Atomic”) and govern your use of each of the Atomic products and services for which these Terms are presented to you (the “Service”) and, if applicable, your Atomic end-user account for the Service. You can obtain a copy of these Terms on the Atomic website or by contacting us at support@atomicfi.com.

If you do not agree to these Terms, do not use the Service. By using the Service or by registering for or using an Atomic account, you accept and agree to be bound by these Terms, including the mandatory arbitration provision, class action waiver, and limitations of liability included below.

1.  About These Terms

Please read these Terms carefully before using the Service and check them again each time you use the Service in the future, as they may change, as indicated by the “last modified” date above. Accessing or using the Service indicates that you accept and agree to be bound by the then-current version of these Terms, as well as future modifications to these Terms that may be necessary to effectuate their essential purpose and provide the Service effectively, in full. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms shall have the same force and effect as a signed agreement.

2.  About Atomic’s Service

The Service provides a way for you to connect a third-party mobile or web service or application (“Third-Party Application”), typically related to your employment or a merchant you do business with, with a mobile or web application or service (“Partner Application”) provided by our business partner or our business partner’s customer (each, a “Partner”). The Service, which you typically access through the Partner Application, or a URL delivered to you by text or email, is designed to enable you to automate tasks you otherwise would be able to manually complete in the Third-Party Application, such as a switch of your payroll direct deposit or bill payment information. It facilitates operations and reports that you select, initiate, or authorize through or in connection with the Service (“Authorized Operations”). The Authorized Operations usually involve accessing your Third-Party Application to obtain information needed by Atomic and the Partner and to make any required changes.

Atomic may also offer its own front-end interface as part of the Service to let you access or manage certain information or features, which may involve creating an Atomic account. Atomic reserves the right to modify all or any part of the Service or to suspend or stop providing all or portions of the Service at any time.

3.  Grant of Authority to Atomic to Act as Agent, and Power of Attorney

In order to protect and exercise your rights to your information and data, as well as your general rights as a consumer, as recognized under various federal and state laws, including and without limitation, the Utah Consumer Privacy Act, Section 1033 of the Dodd-Frank Act, and Sections 1798.100 and 1798.185 of the California Consumer Privacy Act, as implemented by regulations and as amended, it may be necessary for Atomic to act as your authorized agent in order to access your Third-Party Application. By using the Service, you authorize Atomic to access your Third-Party Application on your behalf, as well as your account(s) for your Third-Party Application, as necessary to obtain your information in a readily usable format and interact with the features, functionalities, and structures of your Third-Party Application to facilitate the efficient and orderly transfer of your information by reasonable means, including but not limited to using account login credentials and other authentication information you furnish, in order to perform the Authorized Operations. You acknowledge that this may involve passing information from your Third-Party Application to the Partner, and may also involve accessing, modifying, adding to, or deleting information in your Third-Party Application.

By using the Service, you authorize Atomic to act as your agent, and also grant a limited power of attorney to Atomic to do the foregoing on your behalf in connection with the Service. This authorization to Atomic to act as your agent, as well as this limited power of attorney, includes the right for Atomic to act as your true and lawful agent and attorney-in-fact, with full power to act for you and in your name, place, and stead, in any and all capacities, to use your account authentication information, to access websites, servers, and accounts, including those of third parties as necessary to exercise and effectuate your rights on your behalf, and to access, retrieve, store, modify, use, and share documents and data, all as necessary or useful to perform Authorized Operations or as otherwise contemplated in these Terms, including without limitation to make direct deposit, deduction or payment method updates, obtain and provide income, employment, or individual or company identity information, and obtain periodic  information about direct deposit or deduction updates, with the full power and authority as your agent to do anything in connection with such activities that you could lawfully do directly.

You agree that the Partner and the provider(s) of your Third-Party Application may rely on the foregoing grant of agency and limited power of attorney and are authorized to provide Atomic with the access to the Third-Party Application necessary to facilitate an efficient and orderly transfer of your information to the Partner, and information Atomic may need or request in connection with the Service, and are intended third-party beneficiaries of this provision.

This grant of agency and limited power of attorney will remain in effect as long as reasonably necessary for Atomic to provide the Service, unless earlier revoked by you in writing by notice to Atomic (in which case you acknowledge that Atomic will not be responsible for completing the Service, and you will indemnify Atomic for any liability for its resulting failure to do so).

4.  Privacy

Our Privacy Policy, attached as Exhibit A, describes the information Atomic collects when you use the Service. It also describes how Atomic uses and shares any personal information you share with it. The Privacy Policy is a part of these Terms. By agreeing to these Terms, you are also consenting to Atomic’s collection, use, and sharing of their personal information in accordance with our Privacy Policy.

5.  Conditions of Use

Accurate Information. Atomic needs accurate information about you, including your authentication information for the Third-Party Application, to accurately perform the Service. You agree to provide true, accurate, current, and complete information about yourself and your account, and you agree not to misrepresent your identity or the account, nor to provide any information regarding any other person’s account unless you are authorized to do so as their agent (see “Agents” below). You represent and warrant that you are entitled to submit any data that you furnish to Atomic or through the Service for the uses described herein, and that such data is accurate, complete, and up to date.

Prohibited Conduct. You may not (and you agree not to):

• use the Service for anything other than to select, initiate, authorize, receive, or manage Authorized Operations;
• copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service or Atomic’s related documentation (as applicable) in any form or media or by any means;
• reverse-engineer the Service or access or decompile Atomic’s underlying software, or attempt to do so or assist, direct, or authorize any third party to do so, except to the extent (if any) that applicable law would prohibit this restriction;
• access all or any part of the Service or its associated documentation in order to provide services to third parties or to build a product or service which competes with any part of the Service;
• use the Service for any fraudulent, criminal, tortious, or other unlawful or inappropriate purpose;
• license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Service, or make the Service available to any third party;
• use any method designed to scrape, mine, or extract data from or through the Service, nor develop any application or interface that interacts with the Service, without Atomic’s prior written consent;
• introduce to or through the Service any viruses or other files, code, or programs designed to interrupt, destroy, interfere with, intercept, or limit the functionality of the Service or any data or systems; or
• attempt to circumvent any security or authentication measures for the Service, or to obtain, or assist third parties in obtaining, access to the Service other than as provided by Atomic (or, where applicable, the Partner) under these Terms.

Age. You must be at least 18 years of age, and above the age of majority as defined by the laws that apply where you live, to use the Service.

No Advice. You acknowledge that Atomic is not a fiduciary (except as a limited agent under Section 3), financial institution, financial or investment adviser, or provider of investment, tax, or legal advice, and does not endorse any company, property, product, service, security, or instrument.

Payment of Fees. You acknowledge that the Authorized Operations may be subject to fees charged by the Partner or the provider of your Third-Party Application in connection with your account with them. You are responsible for informing yourself of any such fees and paying them. Atomic does not charge you for your use of the Service.

Agents. If an agent uses the Service on behalf of another person, (a) all references to “you” throughout these Terms will include that person; (b) the agent represents that they are authorized to accept these Terms on that person’s behalf; and (c) in the event that the agent or the other person violates these Terms, the agent and other person both agree to be responsible to Atomic for such violation.

Atomic Accounts. If Atomic offers accounts for the Service and you register or allow a Partner to register for you: (a) you must provide accurate registration information and promptly update this information if it changes, and (b) you agree and understand that you are responsible for maintaining the confidentiality and security of your Atomic authentication information and for all activity (including the activity of others) occurring under your account or using your authentication information.

Security Notification. You agree to promptly notify Atomic if you discover, suspect, or are informed of unauthorized account access or unauthorized use of your authentication information. In the instance of a breach of your accounts as contemplated under this Section, Atomic should promptly be notified at security@atomicfi.com.

Violations and Enforceability. Atomic may immediately suspend or terminate your access to the Service in the event it determines or believes that you have violated or will violate any of the foregoing conditions or prohibitions, or if it otherwise believes in its sole discretion that your access to or use of the Service may expose Atomic or others to any harm or liability. The enforcement of these Terms is solely at Atomic’s discretion and the failure to do so does not constitute a waiver of Atomic’s right to enforce in other instances or at a future time.

6.  Partners and Third-Party Applications

Your relationship with the Partner and provider(s) of the Third-Party Application, and their provision, processing, and use of any data, reports, or other output in relation to the Service, will be subject to your applicable agreement(s) with those entities, including their privacy policies. ATOMIC DOES NOT CONTROL THE PARTNER’S USE OF YOUR DATA OR OF ANY REPORTS OR OTHER OUTPUT OF THE SERVICE. ATOMIC’S INTEGRATION WITH PARTNERS AND THIRD-PARTY APPLICATIONS IS PROVIDED AS A CONVENIENCE TO YOU, AND WE MAKE NO REPRESENTATIONS OR ENDORSEMENTS REGARDING, AND TAKE NO RESPONSIBILITY FOR, THOSE ENTITIES OR THEIR PRODUCTS, SERVICES, ACTS, OR OMISSIONS, INCLUDING ANY PARTNER APPLICATION OR THIRD-PARTY APPLICATION OR ANY CONTENTS THEREOF.

7.  Intellectual Property Ownership

Service. Atomic and its licensors, as applicable, reserve and retain all right, title, and interest in and to the Service, all associated software and technologies, and all intellectual property rights therein, including any reports and data generated by Atomic in connection with the Service; provided, however, that Atomic does not claim ownership of the login credentials or other information that you submit when registering for or using the Service, or any data about you that Atomic receives from the Partner or your Third-Party Application.

Feedback. To the extent you provide Atomic with any suggestions, inquiries, or other feedback relating to the Service (“Feedback”), Atomic will own (and you hereby assign to Atomic) all right, title, and interest in and to such Feedback. You acknowledge and represent that any Feedback is given voluntarily and is not subject to any obligation or expectation of confidentiality. You understand that Atomic does not pay any compensation for Feedback and is under no obligation to respond to or use any Feedback.

Branding. Atomic’s and its Partners’ trademarks and logos, product and service names, slogans, and other branding, including the look and feel of the Service, are trademarks or other property of Atomic or its applicable Partners, as the case may be. You may not copy, modify, or use them without express permission from the owner.

8.  Indemnity

You agree to defend, indemnify, and hold Atomic, its affiliates, and its and their respective officers, directors, employees, agents, shareholders, licensors, licensees, customers (including Partner), and suppliers (together, the “Atomic Parties”), harmless from and against all third-party claims, actions, proceedings, regulatory investigations, damages, losses, judgments, settlements, costs, and expenses (including attorney fees), arising from or in connection with your use of the Service, your conduct in connection with the Service, your violation of these Terms, or your infringement or other violation of any third-party rights or applicable laws or regulations. You agree that Atomic may, at its option (and at your expense), control the defense or settlement of any such claims by third parties, in which case you agree to cooperate with the Atomic Parties in defending any such third-party claims.

This indemnification shall apply to the fullest extent permitted by applicable law and is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Atomic Parties

9.  Disclaimers

THE SERVICE IS PROVIDED “AS IS,” AND MAY BE SUBJECT TO BUGS, ERRORS, AND OTHER PROBLEMS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ATOMIC PARTIES DO NOT MAKE ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SERVICE IS FREE FROM DEFECTS, VIRUSES, SECURITY VULNERABILITIES, OR INTERRUPTIONS.

YOUR USE OF THE SERVICE AND ALL INFORMATION, CONTENT, PRODUCTS, AND SERVICES INCLUDED IN, LINKED TO, OR ACCESSIBLE THROUGH THE SERVICE IS AT YOUR SOLE RISK. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, AVAILABILITY, PERFORMANCE. YOU SHOULD VERIFY ALL RESULTS OF THE SERVICE.

THE SERVICE IS CONTROLLED AND OFFERED BY ATOMIC FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER, HOW, AND WHERE YOU MAY USE THE SERVICE UNDER LOCAL AND ALL OTHER APPLICABLE LAWS, RESTRICTIONS, AND REGULATIONS

10.  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE ATOMIC PARTIES WILL NOT BE LIABLE UNDER THESE TERMS FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOSS OF OR ERRORS IN DATA, OR LOSS OF OR INTERRUPTIONS TO ACCESS OR USE OF THE SERVICE; OR (C) COST OF COVER OR LOSS OF BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE ATOMIC PARTIES KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ATOMIC PARTIES’ AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS (US$100.00). THE PARTIES AGREE THAT THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. Consumer Arbitration; Class Action Waiver; Disputes

Mandatory Arbitration. All claims and disputes, including all statutory claims and disputes, arising out of or relating to these Terms or your use of the Service will be finally resolved by binding arbitration on an individual basis, unless you opt out of arbitration as explicitly described below, except that you and Atomic are not required to arbitrate any dispute in which either party seeks equitable relief for alleged infringement or misappropriation of copyrights, trademarks, trade names, logos, trade secrets, or patents. This means that, except for the equitable relief described in the previous sentence, neither Atomic nor you will sue in court before a judge or jury, unless you opt out of arbitration as provided below.

Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with its Consumer Arbitration Rules (the “Rules”), except to the extent they conflict with these Terms. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879.

Arbitration Procedures. For any arbitration under these Terms or in relation to the Service, one neutral arbitrator (appointed in accordance with the Rules) will decide the dispute, and the arbitrator’s decision will be final. The arbitrator may award declaratory or injunctive relief only for the individual claims between Atomic and you. Any claims or disputes involving less than US$10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the amount sought is US$10,000 or more, the right to an in-person oral hearing will be determined by the Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. Atomic and you will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings are not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award.

Arbitration Venue. Any hearings will be held in a location within 100 miles of your residence unless you reside outside of the United States or unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any hearings. If non-appearance arbitration is elected, the arbitration will be conducted by phone, online, written submissions, or a combination of the three, at the election of the party initiating arbitration, and the arbitration will not involve a personal appearance by parties or witnesses unless the parties mutually agree otherwise. The language of the arbitration will be English.

Costs. Atomic will cover the costs of the initial arbitration fees, except that if you demand arbitration first, you may be required to pay the claimant’s initial arbitration filing fees or case management fees required by the Rules up to $125 USD, and if the arbitrator finds your complaint to be frivolous, you agree to reimburse Atomic’s costs. The arbitrator may not award or assess punitive damages against either party.

Class-Action Waiver. ATOMIC AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED INDIVIDUALLY ONLY. Neither Atomic nor you will seek (or be permitted) to have any dispute heard as a class action, a class wide arbitration, a private attorney-general action, or any other proceeding in which either of Atomic or you act(s) or propose(s) to act as a representative for others. Atomic and you also agree that no arbitration or other proceeding will be joined or combined with another arbitration or proceeding without the written consent of Atomic, you, and every other party to the affected arbitration(s) or proceeding(s). TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY ACTION AGAINST ATOMIC AS A REPRESENTATIVE OR MEMBER OF A CLASS.

Opting Out. You may opt out of mandatory arbitration under the provisions set forth above; to do so, you must notify Atomic in writing of your decision to opt out in accordance with this Section no later than thirty (30) days after first using the Service under these Terms. If you opt out as described in this paragraph, neither you nor Atomic can force the other to arbitrate under these Terms, and disputes will be resolved as described in the following paragraph. Your notice must include your name and address, your username and the email address you used to set up your account for the Service (if applicable), and an unequivocal statement that you want to opt out of arbitration under these Terms. Send such notice to 2890 East Cottonwood Parkway, Suite 400, Cottonwood Heights, UT 84121 USA. In the event of a dispute between you and Atomic, to invoke your opt-out right, you must produce a copy of your opt-out notice, as well as proof of mailing of your opt-out notice within the prescribed period. Opting out does not affect any previous, other, or future arbitration agreement between you and Atomic.

Courts. If you opt out of arbitration, each of you and Atomic irrevocably (a) consents to the exclusive jurisdiction and venue of the state and federal courts in the State of Utah in connection with any matter arising out of these Terms, (b) waives any objection to such jurisdiction or venue, (c) agrees not to commence any legal proceedings related hereto except in such courts, (d) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (e) waives any right to trial by jury in any action in connection with these Terms.

Amendments to Disputes Clause. These arbitration and disputes provisions may be amended from time to time in accordance with Section 1 of these Terms. You may reject any change Atomic makes to these arbitration and disputes provisions (other than changes to Atomic’s addresses for notices) by sending Atomic written notice within thirty (30) days after first becoming subject to the amended Terms. Send such notice rejecting such changes to 2890 East Cottonwood Parkway, Suite 400, Cottonwood Heights, UT 84121 USA. Otherwise, your continued use of the Service beyond such thirty (30)-day period indicates your agreement to the amended arbitration and disputes provisions. For the avoidance of doubt, no unilateral amendment will retroactively modify agreed arbitration and disputes provisions of this Section 11 for then-pending disputes unless you and Atomic both expressly agree otherwise.

Temporary Injunctive Relief Through the Court. In aid of arbitration, Atomic or you may seek temporary and/or preliminary injunctive relief, without the obligation of posting a bond, in both the state and federal courts of Salt Lake County, Utah at any time before an arbitration demand has been filed and served, or before an arbitrator has been selected.

Confidentiality of Arbitration. The arbitrator, Atomic and you shall maintain the confidentiality of any arbitration proceedings, communications, judgments, and awards. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for, or conduct, the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

Timing. Any claim arising out of, or related to, these Terms or the Service must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred and may not be asserted by either party. If this section is deemed to be unenforceable for any reason, then the claim shall be brought in the shortest time period allowed for under the law.

12.  Governing Law

Except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Atomic.

13.  Entire Agreement

These Terms, as supplemented by the Privacy Policy, are the complete and exclusive agreement between you and Atomic relating to the Service or the other matters described herein. These Terms supersede any previous proposal or prior agreement, oral or written, and any other communications between you and Atomic relating to the subject matter of the Terms. The Terms, as amended from time to time, shall prevail over any subsequent oral communications between you and Atomic. Notwithstanding the foregoing, Atomic may, now or in the future, supply different or additional terms in relation to certain Service features. If there is a conflict between these Terms and the additional terms, the additional terms will control (but solely as they relate to the applicable Service features).

14.  Miscellaneous

Electronic Notices and Disclosures. You acknowledge and agree that Atomic may provide notices and other disclosures electronically (with the same effect as a paper copy) by posting such notices or other disclosures electronically through the Service or on Atomic’s website or by emailing you at any email address provided to Atomic by you. Such notices or other disclosures shall be considered received by you after being posted on the Service or Atomic’s website or twenty-four (24) hours after being emailed to you.

Text Messaging & Phone Calls. You agree that Atomic and those acting on our behalf may call and send you text  messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF SUCH CALLS, EMAIL SUPPORT@ATOMICFI.COM. IF YOU WISH TO OPT  OUT OF TEXTS, TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU RECEIVE THE MESSAGES. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request.

Call Recording. You agree that Atomic and its agents, representatives, affiliates, and anyone calling or receiving your call on Atomic’s behalf may record the call. You agree that such recordings may be kept for training purposes, and as a record of your interaction with Atomic, and may be used as evidence in any legal or arbitration proceedings related to you that may occur.

Severability. If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected thereby and Atomic and you shall negotiate replacement provisions, for those provisions which are held invalid, illegal, or unenforceable, which as closely as possible express the intent of those original provisions.

Waiver. The failure of Atomic to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Survival. Any rights and obligations which by their nature extend beyond the terms of these Terms shall survive and continue after any expiration or termination and shall bind you and their legal representatives, successors, heirs, and assigns, where assignment is expressly permitted.

For Questions on these Terms of Use please contact:

Atomic FI Inc.
2890 Cottonwood Parkway #400
Cottonwood Heights, UT 84121
support@atomicfi.com

Exhibit A

Privacy Policy

Last modified: June 11, 2024

We take your privacy very seriously. This Privacy Policy (“Privacy Policy”) is meant to help you understand how Atomic FI, Inc. (“Atomic,” “we,” or “us”) collects and processes your information and data in connection with the products and services we offer (each, a “Service”), other than those related to our public-facing website, marketing and events, which are governed by a separate privacy policy.

Please read our Privacy Policy carefully before indicating your acceptance and check the current Privacy Policy each time you use a Service, as it may change over time. Accessing or using a Service indicates that you accept and agree to be bound by the version of this Privacy Policy displayed to you at that time. If you do not accept this Privacy Policy, do not access or use the Service. You acknowledge that (a)you have read and understood this Privacy Policy; and (b) this Privacy Policy shall have the same force and effect as a signed agreement.

The Services are operated by Atomic FI, Inc., 2890 East Cottonwood Parkway, Suite 400, Cottonwood Heights, UT 84121 USA. This Privacy Policy describes the information collected through your use of the Services, how we use it, how we share it, how we protect it, and choices you can make about your information.

1.  Information We Collect

Information From the Services. We may collect information about you when you use a Service, contact or interact with us, or voluntarily provide us with comments and other content in connection with using the Services.

The Services provide a way for you to connect a third-party employment, ticketing, accounting or other application or service (“Third-Party Application”) with a mobile or web application or service (“Partner Application”) that is used by you and operated by our business partner or our business partner’s customer (“Partner”). The specific information Atomic collects varies by Service and the Partner’s requirements. Some of this information may be personal information. Please contact the Partner if you would like to know which Service(s) and feature(s) the Partner Application uses.

• When you authorize Atomic to access your Third-Party Application and you are not directed to the Third-Party Application to log in, we may collect authentication information for the Third-Party Application, such as your username, password, application programming interface (API) key, employee ID, date of birth, Social Security number, telephone number, email address, and security questions and answers. We also may collect your account information (such as your account and bank routing number) from the Partner and display it to you, for example,  to help you complete manual instructions for a direct deposit switch.
• When you authorize a “Monitoring” feature to enable periodic updates, we may collect and store your authentication information for the linked account(s) to enable the Partner to obtain periodic updates of the information in your linked account(s). The relevant Partner should inform you, before you use the Service, that a Monitoring feature has been enabled. For more information about Monitoring and your choices related to it, please contact the Partner whose Partner Application you are using.
• When you authorize UserLink’s “Deposit” feature to supply or update the bank account to which your direct deposit is credited, we may collect your account number, routing number, account type, distribution type, distribution amount, and recent direct deposit activity.
• When you authorize UserLink’s “Verify” feature to supply your identity, income, and employment information, we may collect your employment information (income, statement, deposit account, employment, tax-related, identity, and timesheet information). We may derive inferences (such as annual salary) from some of the information. The UserLink documentation, https://docs.atomicfi.com/reference/employment-data, lists the specific data categories that may be supplied if requested by the Partner and available under the authentication information provided.
• When you authorize PayLink’s “Switch” feature to supply or update your payment method information, we may collect your credit or debit payment card information (such as PAN, expiration date, CVV/CVC, and billing address (street address, city, state, zip)), or your ACH transfer information (such as bank account number, ABA routing number, account type, and optionally account title).

Information From Third Parties. We may collect information, including personal information, about you from third-party sources when you use a Service. When you use the Service, you authorize us to collect information from your designated payroll provider or employer, financial institution, merchant, service provider, or other third party with which you do business, or from the technology companies and digital platforms providing services to any of them.

Information From Your Device. We automatically collect information from you as a user of our Services, including your IP address, the Service features you use and the time of your use, your device information (e.g., device model and operating system version), which we de-identify, and other aggregated information that cannot be used to specifically identify you when you use the Services.

We may combine any or all of the information we collect and use it in the manner described in this Privacy Policy.

2.  How We Use Information

We use the information that we collect for several purposes, including:

• The purposes for which it was provided;
• To provide information and respond to requests for services from you, the provider of a Third-Party Application, or the Partner whose Partner Application you are using;
• To process and respond to your inquiries and comments;
• To administer, operate, and improve the Services;
• To enhance your experience using the Services;
• To generate and review reports and data about our user base and Services usage patterns;
• To analyze the accuracy, effectiveness, usability, or popularity of the Services;
• To compile aggregate data for internal and external business purposes;
• To prevent fraud and abuse of the Services and to otherwise protect you and our business;
• To assist law enforcement and respond to subpoenas; and
• To perform other business activities as needed, or as described elsewhere in this Privacy Policy or otherwise consented to by you.

As explained elsewhere in this Privacy Policy, personal information we collect may be processed by our business partners to provide services related to the Service (such as administration services, technical services relating to the maintenance, servicing, and upgrading of software, hosting services, customer service, data migration services, and analytical services, among others).

3.  How Information is Disclosed

Information may be disclosed to third parties in accordance with our Privacy Policy.

Third-Party Service Providers and Business Partners. We may share your information with third-party service providers and business partners (including Partners) to perform functions in connection with the Service, such as analytics, relationship management, functions related to analyzing and improving the Service usefulness, reliability, user experience, and operation, storing data, and as otherwise described in this Privacy Policy.

Partners. When you use the Service, you authorize us to share your information with the Partner providing the Partner Application.

Third-Party Application Provider. When you use a Service, you authorize us to share your information with your financial institution, payroll provider, employer, or other provider of your Third-Party Application.

Business Changes. If we become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all our business otherwise changes, we may transfer your information to a third party or parties in connection therewith.

Affiliates. We also may share your information with our affiliates for purposes consistent with this Privacy Policy. Our affiliates will be required to maintain that information in accordance with this Privacy Policy.

Investigations and Law. We may disclose information about you to third parties if we believe that such disclosure is necessary to:

• Comply with the law or guidance from relevant governmental or regulatory authorities or cooperate with government or law enforcement officials or private parties;
• Investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, the rights, reputation, safety, and property of us, users, or others, or violations of our policies or other agreements with us;
• Respond to claims and legal process (for example, subpoenas); and/or
• Protect against legal liability.

Aggregated Information. We may share aggregated information relating to users of the Services with affiliated or unaffiliated third parties. This aggregated information does not contain personal information about any individual.

Analytics. We use third-party analytics tools to better understand how people are using the Services. These tools aggregate deidentified data about our users’ use of the Services and their preferences and activities. This information may be used to analyze data and determine the effectiveness of certain features or content, among other things.

4.  Security

We implement a variety of security measures to help protect your personal information when you enter, submit, or access your personal information.

We maintain a comprehensive written information security program aimed at protecting the security, integrity, availability, resilience, and confidentiality of personal information that we collect, and that meets generally accepted industry standards. We additionally use industry-standard encryption tools, and we have implemented measures to protect the security and confidentiality of encryption keys associated with encrypted information. We also maintain physical access controls that secure relevant facilities, equipment, and hardware used in connection with processing personal information, including an access control system that enables us to monitor and control physical access to our facilities. We also implement controls to limit access to personal information. We abide by the “principle of least privilege,” pursuant to which we permit access to personal information by our personnel solely on a need-to-know basis.

While we take reasonable measures to protect personal information against loss, theft, and unauthorized use, disclosure, or modification, we cannot guarantee its absolute security. No Internet, email, or mobile application transmission is ever fully secure or error free. Email and other messages sent through the Service may not be secure. You should use caution whenever submitting information on the Internet, including through the Services, and take special care in deciding with which information you provide us. WE ASSUME NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD-PARTY ACCESS, OR CAUSES BEYOND OUR CONTROL.

The Services are intended to be used in the United States. If you use our Services outside of the United States, you consent to having your data transferred to the United States.

5.  Data Retention Policy, Managing Your Information

Except as otherwise permitted or required by applicable law or regulation, we may retain your information, or a portion thereof, for as long as you use the Services and for a reasonable time thereafter. We may maintain anonymized or aggregated data, including usage data, for analytics purposes. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and/or for the period required by laws in applicable jurisdictions. Please note that some or all of the information we have collected may be required for the Service to function properly.

6.  Links, Logos and Trademarks Related to Other Services or Applications

This Privacy Policy applies only to the Services. The Services may contain links to other websites or apps, may display the logos and trademarks of their providers, or may forward users to other websites or apps that we may not own or operate and to which this Privacy Policy does not apply. The use of links and third-party logos and trademarks does not imply that we endorse or have reviewed these websites or apps, or that we are affiliated with, sponsored by, or endorsed by their providers. The policies and procedures we describe in this Privacy Policy do not apply to these websites or apps. We cannot control and are not responsible for their privacy practices or content, and all rights in the providers’ logos and trademarks remain solely and exclusively with their respective owners. The logos and trademarks are used only to factually identify websites or apps that are compatible with the Services. We suggest contacting these providers directly for information on their privacy policies. Nonetheless, we seek to protect the integrity of our Services and welcome any feedback about these linked websites and mobile applications.

7.  Your Choices Regarding Your Information

In those cases where we store your personal information, if you would like to change or update your information, you may email us at support@atomicfi.com. For some uses of your information, such as in the case of any of our UserLink monitoring features, you may need to contact the Partner.

8.  Children

Our Services are not intended for children under 18 years of age. We do not knowingly collect personal information from an individual under age 18. If you are under the age of 18, please do not submit any personal information through the Services. If you have reason to believe that we may have accidentally received personal information from an individual under age 18, please contact us immediately at support@atomicfi.com.

9.  Changes to Privacy Policy

We reserve the right to change this Privacy Policy from time to time without prior notice. If we materially change this Privacy Policy, we will let you know by posting an updated Privacy Policy that will be shown to you the next time you use a Service. We also will notify Partners of any material changes, as they are often best positioned to apprise you of changes relevant to the Partner Application you are using.

10.  How to Contact Us

Please feel free to contact us by email at support@atomicfi.com, or by writing to us at Atomic FI, Inc., 2890 East Cottonwood Parkway, Suite 400, Cottonwood Heights, UT 84121 USA, if you have any questions about this Privacy Policy or to ask about your privacy choices.