Privacy Policy

Banquish, Inc.

We provide you with this Privacy Policy (the "Notice") from Banquish, Inc. (the “Responsible Party" or "Bankuish", interchangeably), located at 110 Wall St, New York, NY 10005. The Notice together with our Terms and Conditions of Use form the ("Bankuish Rules"). Please read the Bankuish Rules carefully before you begin using our Services (as such term is defined below). In this Notice we inform you how your personal information and data will be treated, what data we collect and for what purpose, as well as the rights you have and the means available to you to exercise them. 

1. Introduction

Bankuish is a free app that converts your work history and reputation data into a bank-accepted credit score, which we call a "Bankuish Score". You will receive pre-approved offers for you and will be able to unlock new offers as your credit score increases. You'll be able to track changes in your score automatically through your app. 

You will be able to join Tandas (“Tandas”), and manage your Tandas online, inviting your friends to join you. You can also meet your goals by joining other Bankuish users with similar goals in a public Group.

Your Bankuish Score is unique, just like you. We calculate your Bankuish Score using different data from the accounts you import into your Bankuish account. This data is grouped into five categories: income history (35%), satisfaction rate (30%), length of income history (15%), income mix (10%) and credit building (10%). Your Bankuish Score takes into account both positive and negative information from your Bankuish Report. The percentages reflect the importance of each of the categories in determining how Bankuish Scores are calculated. The importance of these categories may vary from person to person, i.e. the Bankuish Score will be calculated differently for a person who has not been working for a long time than one who has. 

Your Bankuish Report contains personal information, income history, customer satisfaction rating and public records (the "Bankuish Report"). This information is imported from the gig work accounts you connect to your Bankuish App. Much of it is used to calculate your Bankuish Score and to inform future lenders of your creditworthiness.

In accordance with the foregoing, we inform you that Bankuish will obtain your personal data, either directly or indirectly, when you make an application and provide your personal data for the purposes of providing the stabilizer or credit services offered by Bankuish (the "Services"), through our website or native Android and/or IOS application ("App"), via telephone, through a third party or any other personal or electronic means.

At Bankuish (hereinafter "We") strive to be a responsible company, we are not only committed to helping freelancers, independent workers, independent contractors and part-time or project-based workers who are organizing projects themselves, we are also committed to respecting and protecting your right to privacy in relation to the processing of your personal data. You have the right to have your personal data protected and to be informed about the processing of your personal data.

At Bankuish we treat all your information with the highest standards of confidentiality, in accordance with applicable laws. In order to provide you with the broadest possible protection, we will conduct our dealings with your information in accordance with applicable laws and international treaties relating to the protection of personal data.

2. Who Will Be Responsible for Your Personal Information

For the purposes of this Privacy Policy, Banquish, Inc., with address at 110 Wall St New York, NY 10005, is responsible under the terms of the Mexican Privacy Data Protection Law (Ley Federal de Protección de Datos Personales en Posesión de Particulares), its Regulations, the Privacy Policy Guidelines and other applicable Provisions (the "Applicable Laws"), for the collection, disclosure, storage and/or use, including access, handling, use, transfer or disposal (hereinafter the "Processing") of your Personal Data, that we collect and, in general, of all the personal data that we collect from our customers and users (hereinafter the "Data Owner(s)").

3. How We Will Collect Your Information

We may collect your information either because you provide it to us directly or indirectly, for example, when you join and create an account on the App or our website, when you use our services, when you connect and share with other Bankuish users, or because third parties, such as financial institutions with whom Bankuish has performed referral services (the "Banking Partners"), request your credit history from a credit reporting company.

In order for the Bankuish Services to function properly and to compile your Bankuish Score, we will request access to your gig work accounts, which may include Uber, Rappi, Didi or any other type of work-for-service account you use. From the above work accounts, we will transfer certain information, which includes transactions on freelancer platforms that you provide us access to, your bank account information, as well as financial company accounts. The above is detailed in Item 4, and from this information we will obtain your income history. We will obtain this information directly from the application that you share with us, in the understanding that if you do so, you consent to us doing so. 

In the event that as a user of the App you provide us with personal data of third parties, you acknowledge that you have obtained the required consent of such third parties in terms of the Applicable Laws.

4. What Information We Collect

We collect the following information to identify you and to be able to fulfill the functions of the App, the Services offered by Bankuish, we collect the following information: 

a. Your full name. 

b. Federal Taxpayers Registry; 

c. Unique Population Registry Key (CURP in Spanish); 

d. copy and details of your official identifications; 

e. place and date of birth; 

f. landline or home phone number; 

g. e-mail address; 

h. photograph; 

i. employment data and information; 

In order to fulfill the functions of the App, the Services offered by Bankuish and above all to elaborate your Bankuish Score, we will collect the following information: 

a.  From the work accounts you share with us and allow us access to, we collect and process: 

  1.  the type of account you have;

  2.  the date your account was opened; 

  3.  the services provided, including the number of trips, orders, and shipments; 

  4.  total revenue;

  5.  type of work and the type of worker you are; 

  6.  your satisfaction rate of the customers you have had, which includes: (i) time stamps; (ii) cancellations and reports customers have made; (iii) customer comments and feedback; (iv) ratings you have been given by your customers on all your work accounts;

  7.  how long it has been since the account has been used;

  8.  the type of vehicle used, such as model and antiquity; and

  9.  your geolocation.

b.  Bankuish offers credit building services in the App, when you pass courses on the financial education platform or when you pay on time in Tandas, we will add this new information to your Bankuish Report. 

c.  Bankuish or its Banking Partners may collect public record information from government records, including defaults, insolvencies and bankruptcies, as well as past due debts that have been sent to collection services.

d.  For your income history, which we may obtain from work accounts you add to Bankuish, transactions on Freelancer platforms that you provide us access to. The information we collect is:

  1.  average monthly revenue trends; 

  2.  how aggregate activity drops are today or may have appeared in the past; 

  3.  the number of work operations cancelled by you; 

  4.  the number of credits owed; 

  5.  adverse public records, among these are insolvencies and bankruptcies. 

  6.  the time that has elapsed since defaults were entered, adverse public records or since collections were recorded on your credit report; 

  7.  your collection history with any Bankuish Banking Partner.

e.  For your Bankuish Score, we will collect information on your income mix, i.e. the composition of your different work accounts, your skill level with different work-for-hire platforms, the mix of your income, as well as the income history of these accounts.

f.  Wealth and financial data, including total personal income and expenses, bank accounts, personal references, tax information and credit bureau report. 

 

The above items include all information (the "Personal Data") that Bankuish collects, uses, discloses and stores.

We may also collect data from your mobile device, apps and geolocation. We receive data from your devices and networks, including location data. By accessing our services, you give us access to your IP address, proxy server, operating system, web browser and plug-ins, device identifier and features, cookie identifiers, Internet service provider or mobile network operator, service payments, additional services and/or balance top-ups for cellular service or additional services, usage habits, cell phone make and model, and Apps.

If you use Bankuish from a mobile device, that device may send us your location data based on your phone's settings. Also, we collect information from the authorizations you give us when you enter your user through our App, either to enter your camera and / or camera roll to improve your user experience, or your calendar, contacts and / or location for the sole purpose set forth in subsection k of the original purposes set forth in Section 5 of this Privacy Policy, which refers to the creation, maintenance and training of Bankuish's predictive risk models. It is of utmost importance for Bankuish to inform you that we will never use the information collected by these means on an individual basis or for any use other than as described. Bankuish cannot revoke such authorizations as this must be modified from the cell phone from which they were granted; therefore, you can revoke such authorizations at any time by accessing the settings of your cell phone. 

It is important for you to know that, at any time you can contact us through the means of contact that we make available to you on the website https://www.Bankuish.com and we will gladly provide you with advice on the procedure to revoke such consents from your device.

We do not collect or process sensitive personal data, understood as those personal data that affect the most intimate sphere of its owner, or whose improper use may give rise to discrimination or entail a serious risk for the owner. In particular, are considered sensitive those that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union membership, political opinions, sexual preference.

Bankuish does not directly collect personal data from minors through forms, questionnaires, or through its website.

For the purpose of providing data of third parties, whether information for the purchase of products or services offered by business partners or any other reason, it will be your sole responsibility to notify them about the transfer of their personal data to the Responsible. In any case, Bankuish will treat such information based on the provisions of the Applicable Laws and this Privacy Policy and, also, in our capacity as Responsible and in compliance with the provisions of the Applicable Laws, we will make available to such third parties this Privacy Policy in the first contact we have with them.

It is important for you to know that Bankuish does not work with agents, commission agents, or other similar figures, so any data you provide to any third party posing as such, will not be under the responsibility of Bankuish and, therefore, you as the Data Owner, will be solely responsible for the information and personal data you share and the treatment given to them under such assumptions.

5. For what purposes we will treat your information

The data we collect may be used by Bankuish to assess the risks inherent in the stabilizer or credit you request, verify your identity, evaluate and rate your creditworthiness, develop your Bankuish Score and for statistical purposes.

Bankuish may process your personal data to fulfill any of the following primary and necessary purposes, as well as any of the secondary purposes of the App and the Services:

(i) Necessary and primary purposes. 

a.  To identify you, and to register you as a Bankuish user. 

b.  To contact you; or for other Bankuish users to share information with you. 

c.  To integrate your information file as a Bankuish user. 

d.  To compile your Bankuish Score and your Bankuish Report. We need access to your work accounts to build your Bankuish Score; this information makes up the majority of your Bankuish Score calculation, so it is important to keep your accounts connected and up to date.

e.  For the management, control, administration and processing of the stabilizer or credit application, to inform future lenders, our Banking Partners so that they can provide pre-approved offers to you and, if applicable, the granting of this credit to you.

f.  Management, control, administration, execution and fulfillment of the stabilizer or credit contract entered into with you, the user, in accordance with the corresponding application. 

g.  Management, control and administration of the administrative collection (through any means of contact granted in the application), extrajudicial and, if applicable, judicial collection derived from the services provided by Bankuish.

h.  Investigation of changes in your transactional profile as a customer. 

i.  For the fulfillment of obligations of a fiscal or commercial nature. 

j.  To resolve your queries, doubts, clarifications or complaints in the best way as our client. 

k.  To improve Bankuish's Services, including the development of statistics and historical records of users and customers, as well as the creation, maintenance and training of Bankuish's predictive risk models.

l.  To maintain information and operational security and, where appropriate, identity theft protection. 

m.  In case we are legally required by a competent authority, to cooperate with the corresponding authorities and to comply with obligations under applicable regulations.

n.  To share your personal data as part of a sale, merger or change of control of Bankuish or to prepare for any of these circumstances.

 

(ii) "Secondary Purposes". 

a.  For possible subsequent contacts, sending communications of an informative nature in relation to marketing, advertising and/or commercial prospecting purposes.

b.  Granting of incentives or recognitions to clients, when they participate in our advertising, marketing or commercial campaigns.

c.  Use of images and testimonials of customers and/or users for advertising purposes and commercial offers related to products and/or services offered or related to products and/or services contracted.

d.  Improvements in customer service and customer treatment.

In case you do not want your Personal Data to be used for the Secondary Purposes described in this Section 5 (five), you may check the following box: [I do not want my Personal Data to be used for the Secondary Purposes described in the Privacy Policy]. 

Remember that you may request the revocation of your consent at any time [by accessing again this Privacy Policy and selecting the corresponding checkbox, in case you have previously given it to us. Such a request applies from the time you check the box. In order for your revocation to be saved correctly, you must log in to https://www.Bankuish.com and follow the procedure described above].

The refusal to use your Personal Data for these Secondary Purposes will not be a reason to deny you the service.

6. Transfer of your Personal Data

You agree that we may transfer your personal data within and outside The United Mexican States. We are committed to ensuring that all legal principles of protection surrounding the transfer of your Personal Data are complied with. 

Your Personal Data may be shared and processed with persons other than Bankuish, which are described below and for the following purposes: 

a.  when you make use of the App and decide to share your profile with other users, for the proper functioning of the App and the Services; 

b.  we share your Personal Data with financial institutions, our Banking Partners, so that they, as potential lenders, can offer pre-approved loans to you. It is important for you to know that, as the owner of the data, we assign you an anonymous identification number and through this we transfer your Personal Data, so it is not possible to associate it to you nor does it allow your identification as the Owner; 

c.  in case you accept a loan, we send your Personal Data to the Banking Partner, so that it can offer you the loan;

d.  in the case of any prospect, potential buyer or acquirer of Bankuish or any of its assets, including its credit portfolio, to grant financing, acquire the shares or assets of Bankuish or its shareholders or affiliates in Mexico, in order to be able to continue providing the Services; 

e.  any authority or internal and external auditor when so required to carry out the corresponding audit, to comply with fiscal or commercial obligations and to improve the Bankuish Services; 

f.  any supplier or provider of collection services, credit risk analysis and others that Bankuish deems necessary to hire, to comply with the purpose of management, control and administration of administrative, judicial or extrajudicial collection;

g.  holding companies, subsidiaries or affiliates of Bankuish or a parent company, for safekeeping, monitoring, statistical analysis, evaluation, improvement and design of new products; 

h.  unaffiliated third parties (service providers), for assistance in the execution of services related to your credit; 

i.  administrative, judicial or governmental authorities, as well as Credit Information Companies, by judicial or administrative mandate or when a law so determines; 

j.  subcontracted third parties, to process information on Bankuish's behalf and under Bankuish's instructions; 

k.  providers of risk management, information security and/or specialized software for fraud prevention;

l.  business partners, for the purchase of products or services obtained through Bankuish stabilizer or credits; and

m.  business affiliates, for advertising purposes.

In the last case described in paragraph m, we require your consent, which you are giving by accepting this Privacy Policy, but you may limit or cancel the transfer of your Personal Data. In the above cases, it will not be possible to limit or cancel the transfer of your Personal Data and we can continue to provide you with the Bankuish Services. If you do not agree to these transfers, please do not use the Bankuish Services or the Bankuish App. 

If you do not want your Personal Data to be transferred to commercial affiliates, please [check the following box I do not want my data to be transferred for advertising purposes].

Remember that you can request the revocation of your consent at any time [by accessing again to this Privacy Policy and selecting the corresponding box, in case you have previously given it to us. Such a request applies from the time you check the box. In order for your revocation to be saved correctly, you must log in to https://www.Bankuish.com and follow the procedure described above].

Likewise, we inform you that we may transfer your Personal Data without your prior authorization in any of the cases described above, with the exception of paragraph m, considered in Article 37 of the Federal Law on Protection of Personal Data Held by Private Parties. In any case, we will communicate this Privacy Policy to the recipients of your personal data in order to respect its terms, so that third parties and entities receiving your Personal Data assume the obligations and/or responsibilities of Bankuish.

6.1. Non-Personal Information and Deletion of Your Account

We maintain, share or disclose non-personal information, such as demographic data, the number of people who clicked on a particular link, certain inferred interests, or reports to advertisers about how many users viewed or clicked on their advertisements. 

If you choose to delete your account with Us, We will delete your personal data from Bankuish. Your data will be subject to a prior disassociation procedure and any data that cannot be subject to this procedure or that you expressly request us to delete will be subject to a Blocking period, after which the Personal Data will be deleted.

7. Use of cookies

Bankuish uses cookies and/or web beacons to facilitate navigation on the https://www.Bankuish.com website. Cookies are a tool used by web servers to store and retrieve information that is stored in the browser used by users or visitors to the website, allowing you to save your personal preferences to give you a better browsing experience.

We inform you that Bankuish uses cookies and other technologies, such as web beacons, through which it is possible to monitor your behavior as an Internet or Bankuish user, to provide you with a better service and experience when browsing the App, as well as to facilitate navigation on the website https://www.Bankuish.com. Cookies are a tool used by web servers to store and retrieve information that is stored in the browser used by users or visitors to the website, allowing you to save your personal preferences to give you a better browsing experience.

The personal data that can be obtained through the use of these technologies are the following: identifiers, user name and passwords of a session; region where you are; type of browser; type of operating system; date and time of the beginning and end of a session; web pages visited; searches performed and advertising reviewed.

Cookies have an expiration date, which can range from the duration of the session or visit to the website to a specific date after which they cease to be operational. The cookies used in https://www.Bankuish.com are only associated with an anonymous User and his computer equipment, they do not provide references that allow to deduce the name and surname of the User, they cannot read data from your hard disk or include viruses in their texts. You can configure your browser to automatically accept or reject all cookies or to receive an on-screen warning about the reception of each cookie and decide at that time whether or not to install it on your hard drive. We suggest you consult the help section of your browser to learn how to change the settings on acceptance or rejection of cookies. 

Even if you configure your browser to reject all cookies or expressly reject cookies from https://www.Bankuish.com you can continue browsing the website with the only drawback of not being able to enjoy the functionality of the site that requires the installation of any of them. In any case, you can delete https://www.Bankuish.com cookies installed on your hard drive at any time by following the procedure established in the help section of your browser.

We confirm that Bankuish does not collect personal data through these means, so they are not subject to processing or transfers. 

8. Automated processing and disassociation

The information you provide to us as a User will be automatically processed, disassociated and stored in a database owned by Bankuish or a third party provider. Your personal information may be deleted at your request, in accordance with the rules and procedure set forth in the present Notice.

9. How You Can Exercise Your Rights, as well as Limit the Use and Disclosure

You have rights of access, rectification, cancellation or opposition. You can ask us at any time for access, rectification, cancellation or opposition, regarding your Personal Data or revoke your consent, or request a limitation to the use and disclosure of your personal data. We remind you that the rights of access, rectification, cancellation or opposition, as well as the revocation of consent can only be exercised by the Data Owner of the personal data or his legal representative with proof of identity and personality.

You may limit the processing of your Personal Data in the following ways: 

a.  The use, following the instructions indicated in the last paragraph of Section 5. 

b.  The disclosure, following the instructions indicated in Section 6. 

c.  Addressing the corresponding request to the Legal and Compliance area to exercise your rights of access, rectification, cancellation and opposition ("ARCO") in accordance with the guidelines set forth in this Section 9.

d.  In the case of information collected from your mobile device and based on the authorizations you grant us when you enter your user through our App, you may limit its processing as described in Section 4.

 

In order to protect the personal data, privacy and trust of our customers and users, we provide you with the email address privacy@bankuish.com, whereas owner, at any time you can limit the use or disclosure of your personal data, as well as deny or revoke authorization for processing, by exercising the rights of access, rectification, cancellation or opposition that the Applicable Laws provide.

To exercise your rights, revoke your consent or request a limitation of use and disclosure you must send us a written request addressed to our legal and compliance team, to the email address privacy@bankuish.com

The letter must be accompanied by a copy of any official identification so classified by the laws of the United Mexican States. Also, for your request to proceed, it is essential to complete all the information listed below, which will be used to prove your identity:

a.  Data of the Owner: full name and address or other means to communicate you the answer to your request (telephone and e-mail). If you wish to exercise your right of access to information, we will make the requested information available to you through the e-mail address you provide in your request. Likewise, any communication will be through the e-mail address you provide us, so it is extremely important that you provide us with this information. 

b.  Representative Information (only if applicable): full name, as well as the corresponding public instrument accrediting your personality in original, or if applicable, power of attorney signed before two witnesses.

c.  Clear and precise description of the personal data with respect to which you wish to exercise your rights, indicating the right(s) you wish to exercise: Access, Rectification, Cancellation and/or Opposition. In particular, in the request for rectification of personal data you must include the incorrect data, correct data and supporting document. You may also include any other comments that may help us to better serve your right and request.

d.  Other Documents: In addition to the above, we ask you to accompany if possible the documents that support your request and help us to process it conveniently.

Within a maximum period of twenty (20) business days, counted from the date on which the request for access, rectification, cancellation or opposition was received, Bankuish will inform you of the determination adopted, so that, if it is appropriate, it becomes effective within fifteen (15) business days following the date on which the response is communicated to you. The aforementioned terms may be extended only once for an equal period, provided that the circumstances of the case so justify.

In the event that in the determination we inform you that the data and documents provided are erroneous or insufficient to prove your identity, the corresponding legal representation or to exercise your rights, we will inform you within five (5) days after we receive your request, you will have ten (10) business days to respond to the requirement, counted from the day you have received it. If you do not respond within this period, the corresponding request will be deemed not to have been filed.

In the event that you have an active loan or product (past due or maturing) with one of our Banking Partners, Bankuish will not be able to make modifications to your personal data. To do this, you will need to first pay off your loan and once it is paid off, follow the process described above. 

As the Data Owner, you will be responsible for keeping your personal data in Bankuish's possession up to date. Therefore, you guarantee and respond, in any case, the truthfulness, accuracy, validity and authenticity of the personal data provided, and you agree to keep them properly updated, communicating any changes to the Responsible Party.

10. How you can revoke your consent

At any time, you may revoke your consent to the processing of your personal data, provided that such revocation is legitimate and does not make it impossible to fulfill obligations arising from a contractual relationship in force between Bankuish and you, or is not possible under a legal or judicial mandate. 

You can request the revocation of your consent by logging into the Bankuish App or by accessing https://www.Bankuish.com and selecting the desired checkboxes found in this Privacy Policy. Refusal to process your personal data for these purposes and/or secondary transfers will not violate your contractual relationship with Bankuish.

11. Changes to this Privacy Policy

We may change this Notice from time to time. The most recent version of the Notice will govern our treatment of your personal data and will always be available on our App and on our website https://www.Bankuish.com

Any updates, modifications or changes to this Privacy Policy, which are made in response to legislative developments and/or changes in Bankuish's internal policies, will be posted on the https://www.Bankuish.com website.

In the event that we modify this Notice in any way that the content changes substantially; for example, if the purposes for which you’re Personal Data were collected change, we will notify you by sending an email to the email address associated with your account and we will again require your consent to continue processing your personal data.

12. Security Policies

Bankuish protects your Personal Data using industry-standard encryption to ensure that data sent from the website arrives securely on our servers. We store and process your information while maintaining security measures to protect your personal data. 

At Bankuish, we have procedures in place that dictate who can access your data and under what conditions, always giving the highest priority to protecting your privacy. We also take physical security measures to prevent unauthorized access to our systems and facilities.

13. Send us your questions or comments

We are at your service to provide you with any additional information you may require in relation to the Notice or, where appropriate, to resolve any questions you may have regarding privacy and personal data protection, for which you may contact us by e-mail: privacy@bankuish.com.

14. Acceptance of the Notice

In case you provide us with your information for the purposes indicated in this Notice, it will be understood that you authorize the use of your Personal Data and if you use our Services, it means that you have read, understood and consented to the above Notice.  

By reading and accepting this Privacy Policy each time you access your user profile by any of the means available to do so, you expressly state that: (i) this Privacy Policy has been made known to you by Bankuish and (ii) you have read and understood in its entirety the terms and scope set forth, therefore you expressly grant your consent to the processing of your personal data under the terms of the same.

15. Entities that protect your Data Protection Rights

Remember that, in case of dissatisfaction or non-compliance on our part, you can go to the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) to request the initiation of the procedure for the protection of your rights. 

We also remind you that you can go to the Public Registry of Users of  National Commission for the Protection and Defense of Financial Services Users (Comisión Nacional para la Protección y Defensa de los Usuarios de Servicios Financieros) and register to limit the use of your personal data for advertising and promotional purposes by any Financial Institution. For more information, you can visit the following web page https://webapps.condusef.gob.mx/reus/ReusDW4/index.html

Effective Date: September 15, 2021