FinCEN Guidance Privacy Policy

PRIVACY POLICY

Last updated: November 18, 2024

Your privacy is important to us. This Privacy Policy (“Policy”) applies to services provided by Kalm LLC d/b/a FinCEN Guidance (“Company,” “we,” “us,” or “our”), our website FinCENguidance.com (the “Site”), our Terms of Service (“Legal Terms”), as well as any other related products and services (collectively, the “Services”).  

Our Policy explains what information we collect from you (“you”) when using our Services or the Site, including information that may be used to personally identify you (“Personal Information”) and how we use it. In this Policy, “you” or “your” refers to you, a user of the Services. A “user” is you or anyone who accesses, browses, or in any way uses the Site or our Services. If you are an individual acting on behalf of a company or client, you accept this Policy on behalf of your company or client, as the case may be. 

This Policy applies to any user or visitor to our Site or user of our Services. We will be the controller of your personal data provided to, or collected by or for, or processed in connection with, our Services. We reserve the right, in our sole discretion, to make changes or modifications to this Policy from time to time. We will alert you about any changes by updating the "Last updated" date of this Policy, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Policy to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Policy by your continued use of the Services after the date such revised Policy is posted.

BY ACCESSING OR OTHERWISE USING THE SITE OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, WHICH IS INCORPORATED INTO AND FORMS PART OF OUR TERMS OF SERVICE. YOU EXPRESSLY CONSENT TO THE PROCESSING AND USE OF YOUR INFORMATION AS DESCRIBED HEREIN.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE THE INFORMATION WE COLLECT?
3. DO WE SHARE YOUR PERSONAL INFORMATION?
4. PROTECTION OF COMPANY AND OTHERS
5. HOW DO WE USE TRACKING TECHNOLOGIES?
6. HOW DO WE SECURE YOUR PERSONAL INFORMATION?
7. YOUR CHOICES REGARDING INFORMATION
8. LINKS TO THIRD-PARTY WEBSITES
9. HOW WE RESPOND TO DO NOT TRACK SIGNALS
10. MINORS UNDER AGE 18
11. THIRD-PARTY DIRECT MARKETING
12. USERS OUTSIDE THE UNITED STATES
13. CONTACT US

1. WHAT INFORMATION DO WE COLLECT?

We will only collect and process Personal Information about you where we have lawful bases. Lawful bases include consent (where you have given consent); contract (where processing is necessary for the performance of a contract with you (e.g., to deliver the Services you have requested)); “legitimate interests”; legal obligations; and vital interests. 

We collect information that you give us when you create an account, contact us, visit our Site or otherwise access or use our Services, any information you voluntarily submit to us, and information regarding how you use the Services. Specifically, the foregoing includes:

• Your internet protocol address (i.e., IP address) and, if you access the Services from a mobile application, your unique mobile device ID number and non-email authentication.
• Your name, email address, postal address, telephone number, profession, profile picture, credit card information and your responses to surveys that we may ask you to complete for research purposes or to help direct Company activities, the contact information of your representative, your social media account information.
• Information required to complete and submit FinCEN BOI reports that may include FinCEN IDs, reporting company information, names, dates of birth, business or residential addresses, taxpayer identification numbers, government issued identification numbers, copies of government issued identification, and email addresses for company applicants and beneficial owners.
• Details of any financial transactions you participate in on the Services, including the amount, currency, and method of payment. 
• Browser and device information and information collected through technologies such as cookies.

2. HOW DO WE USE THE INFORMATION WE COLLECT?

We use the information we collect to: 

• Deliver and improve the Services and your overall user experience. 
• To protect, investigate, and deter against fraudulent, unauthorized, or illegal activity. 
• To link or combine user information with other Personal Information. 
• To compare and verify information for accuracy and update our records. 
• Email, text, message, or otherwise contact you with information and updates about us and the Services.
• To respond to your comments and questions and provide customer service. 
• To send you information including confirmations, billing and invoices, technical notices, updates, security alerts, and support and administrative messages. 
• Analyze how you use the Services with tools such as Google Analytics and other tools to help us understand traffic patterns and know if there are problems with the Services.
• Create targeted advertising to promote the Services and engage our users.
• To comply with any court order, law, or legal process, including responding to any government or regulatory request.

3. DO WE SHARE YOUR PERSONAL INFORMATION?

We do not rent, sell, or share your Personal Information with other people or non-affiliated third parties except with your consent or as necessary to complete any transaction or provide any service you have requested or authorized. 

To help us do our work, we may provide limited access to some of your Personal Information to the following third parties: 

• Partners: Sometimes we collaborate with other organizations to deliver the Services. In these cases, we may share your name, contact information and other details you provided when making an account with our partners. 
• Service Providers: We work with third-party providers, notably our database administrators, cloud computing services, advertising services, data analysts, application service providers, bulk SMS services, and other non-governmental organizations.
• Payment processors: We work with payment processors such as Stripe to help process credit card transactions and other payment methods made through the Services. These payment processors will store certain information about you. Please refer to their privacy policies to learn more about how they use your Personal Information. 
• While we make efforts to ensure that third-party service providers adhere to similar privacy standards, we are not responsible for their practices. We recommend reviewing the privacy policies of these third parties.

We may store information such as survey responses and contact information, that are necessary to enable us to operate effectively and deliver our Services to you. We may also transfer your Personal Information to a third-party as a result of a merger, acquisition, reorganization or similar transaction; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of the Services; and to protect the rights or property of Company. In such event, and to the extent legally permitted, we will notify you and, if there are material changes in relation to the processing of your Personal Information, give you an opportunity to consent to such changes.

4. PROTECTION OF COMPANY AND OTHERS

We will also share Personal Information with companies, organizations, or individuals outside of Company if we have a good-faith belief that access, use, preservation, or disclosure of your Personal Information is reasonably necessary to detect or protect against fraud or security issues, enforce our terms of use, meet any enforceable government request, defend against legal claims, or protect against harm our legal rights or safety.

5. HOW DO WE USE TRACKING TECHNOLOGIES?

A "cookie" is a small file placed on your hard drive by some of our web pages. We, or third parties we do business with, may use cookies to help us analyze our web page flow, customize our services, content, and advertising, measure promotional effectiveness and promote trust and safety. Cookies are commonly used at most major transactional websites in much the same way we use them in our Services. You may delete and block all cookies from our Services, but parts of the Services may not work. We want to be open about our cookie use. Even if you are only browsing the Services, certain information (including computer and connection information, browser type and version, operating system and platform details, and the time of accessing the Services) is automatically collected about you. This information will be collected every time you access the Services and it will be used for the purposes outlined in this Privacy Policy. You can reduce the information cookies collected from your device. An easy way of doing this is often to change the settings in your browser. If you do that you should know that (a) your use of the Services may be adversely affected (and possibly entirely prevented), (b) your experience of this and other sites that use cookies to enhance or personalize your experience may be adversely affected, and (c) you may not be presented with advertising that reflects the way that you use our and other sites. You can find out how to make these changes to your browser at this site: www.allaboutcookies.org/manage-cookies/. Unless you have adjusted your browser settings so that it will refuse cookies, our system will send cookies as soon as you access our Services. By using the Services you consent to this, unless you change your browser settings.

6. HOW DO WE SECURE YOUR PERSONAL INFORMATION?

We take reasonable steps to protect your Personal Information against unauthorized access, alteration, disclosure, misuse, or destruction. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. The safety and security of your Personal Information also depends on you. If you have an account with us, you are responsible for keeping your membership details confidential. Your account is protected by your account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your account after each use. We further protect your Personal Information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your Personal Information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using the Services, you acknowledge that you understand and agree to assume these risks. 

We retain your personal data while your account is in existence or as needed to provide you Services. This includes data you or others provided to us and data generated or inferred from your use of the Services. We retain your Personal Information as long as necessary to provide the Services to you and fulfill the purposes outlined in this Policy. Additionally, we may retain data for a longer duration to comply with legal, regulatory, tax, accounting, or reporting requirements, or as necessary to resolve disputes.

7. YOUR CHOICES REGARDING INFORMATION

You have several choices regarding the use of Personal Information on the Services: 

• Changing or Deleting Your Personal Data: All users may review, update, correct or delete the Personal Information furnished by a user in their user account (including any imported contacts) by contacting us at contact@fincenguidance.com or by accessing your user account. For your protection, we may only share and update the Personal Information associated with the specific email address that you use to send us your request, and we may need to verify your identity before doing so. We will try to comply with such requests in a reasonably timely manner. If you completely and permanently delete all of your Personal Information, then your user account may become deactivated. If you wish to cancel your account, you may do so through your account page, and any personally identifiable information associated with your account will be deleted as soon as is reasonably practical or as required by applicable law. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law. We may retain an archived copy of your records as required by law or for legitimate business purposes. 

• Download or Access Personal Information: You can ask us for a copy of your Personal Information and can ask for a copy of Personal Information you provided in machine readable form by emailing us at contact@fincenguidance.com. 

• Opting Out of Email Communications: We may use some of the information we collect for marketing purposes, including to send you promotional communications about new Company features, products, events, or other opportunities. If you wish to stop receiving these communications or to opt out of use of your information for these purposes, please follow the opt-out instructions, such as clicking "Unsubscribe" (or similar opt-out language) in those communications. You can also contact us at contact@fincenguidance.com to opt out. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our terms of service or privacy policy.

8. LINKS TO THIRD-PARTY WEBSITES

We may provide links to other websites. We have no control over these websites and they are subject to their own terms of use and privacy policies. As such, we do not endorse and are not responsible for the availability of, or for any content, advertising, products, or other materials on or available from, these third-party websites. 

By using the Services, you agree that we will not be liable for any damage or loss caused by your use of or reliance on any content, advertising, products, or other materials on or available from these third-party websites.

9. HOW WE RESPOND TO DO NOT TRACK SIGNALS

Your browser settings may allow you to automatically transmit a Do Not Track signal to websites and other online services you visit. We do not alter our practices when we receive a Do Not Track signal from a visitor’s browser because we do not track our visitors to provide targeted advertising. To find out more about Do Not Track, please visit http://www.allaboutdnt.com.

10.  MINORS UNDER AGE 18

The Services are not directed to individuals who are under age of eighteen (18) and we do not solicit nor knowingly collect Personal Information from children under the age of eighteen (18), except as required pursuant to FinCEN BOI reporting requirements for minors. If you believe that we have collected unpermitted Personal Information from someone under the age of eighteen (18), please contact us immediately at contact@fincenguideance.com and the information will be deleted accordingly.

11. THIRD-PARTY DIRECT MARKETING

We currently do not share personal data with third parties for their direct marketing purposes without your consent.

12. USERS OUTSIDE THE UNITED STATES

Our Company is based in the United States. The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

13. CONTACT US

If you have any questions about this Policy, your Personal Information, or the Services, you can contact us at:

Kalm LLC d/b/a FinCEN Guidance

3948 Market St., No. 24676

Minneapolis, MN 55424

U.S.A.

Phone: +1 (952) 900-0888

contact@fincenguidance.com