Privacy Policy

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Last updated: January 5, 2023

Welcome! This privacy policy (“Privacy Policy”) governs the website www.katapult.com (including both mobile and online versions of our site) (the “Site”), including your use of interactive devices (such as iPads), features, widgets, plug-ins, applications, content, downloads and/or other online services that we own and control and that post a link to this Privacy Policy (the Site and other online services we offer are collectively referred to herein as the “Service”), which are made available by Katapult Group, Inc., formerly known as Cognical, Inc., d/b/a Zibby (“Katapult”, “we” “our” or “us”). This Privacy Policy also applies to Personal Information (defined below) we may collect from you in our Katapult retail stores (each a “Store” and collectively the “Stores”) (regardless of whether it is collected through an online device or in-person), and in any other instance when you contact us.

To the extent we provide you notice of different or additional privacy policies or practices (e.g., at the point of our collection), those additional notices govern such data collection and use.

In addition, please review the Service’s Terms of Use, which govern your use of the Service.

Linkable Table of Contents

It is important that you read and understand the entire Privacy Policy before using the Service. To ease review, each section below contains a brief introductory summary and a link to the full explanation. Click on the headings and the “More” buttons to be taken to the full explanation. Any capitalized terms that appear, but are not otherwise defined, in the introduction have the meanings given to them elsewhere in the Privacy Policy.

1. What Information Does the Service Collect?

   We collect and receive certain information about you as you interact with our Service, explained further in this Section.

   1. Information You Provide to Us

      We may collect certain personal information that you provide to us when you interact with the Service or when you visit a Store. For example, we may collect this information through various forms and in various places on the Service, including when you sign-up for an account to use the Service or you enter into a transaction with us at our Store.

   2. Information Collected and Stored As You Access and Use the Service

      Certain information may be collected from you automatically when you access and use the Service. For example, we and third parties may use tracking technologies (described below) to collect usage information (described below) based on your device identifier (described below) for a variety of purposes, which may include activities over time and across third party locations.

   3. Location-Based Information

      When using our Service, we may obtain information about your location or provide other location-based services to you.

   4. Information Third Parties Provide About You

      We may obtain information about you from third parties.

   5. Information You Provide About a Third Party

      You may provide us information about others, such as when you add an individual to your account. If so, the information you provide (names, email addresses, etc.) may be used so they can obtain the benefits of the Service.

2. How Do We Use The Information Collected?

   We use your personal information for a variety of purposes detailed in this Section.

3. How and When Do We Share Information With Third Parties?

   We may provide your information to third parties under various circumstances detailed in this Section. These may include:

   1. Merchants and Retailers.

      Merchants or retailers selling you products and services and other partners or others with whom we have marketing or other relationships for the third parties’ direct marketing purposes. Phone numbers obtained through the short code program will not be shared with any third parties for their marketing reasons/purposes.

   2. When You Request Information From or Provide Information to Third Parties

      If you request information from third parties, request that we send information to third parties or interact with third-party websites, ads, content or tools, we may share your information with such parties and/or they may collect your information directly.

   3. Third Parties Providing Services on our Behalf

      Our vendors may collect your information on our behalf or we may share it with them so that they may provide services to us and you. Some may offer you choices regarding the collection and use of your information.

   4. To Protect the Rights of Katapult and Others

      There are a variety of administrative and legal reasons for which we may share some or all of your information.

   5. Affiliates and Business Transfer

      We may share your information with our affiliates as well as in the event of a sale, merger or similar transaction.

4. Interest-Based Advertising and Third-Party Analytics Services

   We and third parties may send you targeted ads based on your location, information and/or behavior. If you object, you can exercise choices some third parties may offer.

5. Links to Third-Party Services and Features

   We may allow you to access third-party content on the Service, or to link to third-party applications and locations from the Service, but we are not responsible for your interaction with third-party content, apps and locations.

6. What are my Rights and Choices?

   You may change certain account information and communications preferences as more fully detailed in this Section.

7. What Should Parents Know About Children?

   We do not intend to collect personal information from children under the age of 13. If you think we have, let us know.

8. What About Security?

   We endeavor to take reasonable steps to protect personal information.

9. What About Changes to the Privacy Policy?

   We may change this Privacy Policy upon posting of a revised privacy policy.

The Full Detailed Privacy Policy

1. What Information Does the Service Collect?

   1. Information You Provide to Us

      On the Service, we may ask you to provide us, or our service providers, with certain categories of personal information, such as: your name, phone number (including mobile phone number), date of birth, home address, employer information, email address, government ID (such as your Social Security number), financial related information (such as bank account numbers, financial institution information, information about your assets, credit card numbers and other data related to your credit history and suitability for us to enter into a transaction with you), and demographic information (such as information about your gender). We may collect this personal information through various forms and in various places on the Service, including if you register for an account, through “contact us” forms, or when you otherwise interact with the Service. We also collect this information in our Stores either directly from you when you begin a transaction with one of our sales representatives or otherwise through in-Store technology that we make available for you when you make a purchase.

   2. Information Collected and Stored As You Access and Use the Service

      In addition to information that you choose to submit to us via our Service, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Service. This usage information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device whenever you visit or interact with our Service.

      This Usage Information may include:

      • your IP address, UDID or other unique identifier related to your device. A device identifier is a number that is automatically assigned to your device used to access the Service, and our computers identify your device by its device identifier;
      • your device functionality (including browser, operating system, hardware, mobile network information);
      • the areas within our Service that you visit and your activities there, including remembering you and your preferences;
      • your Device location;
      • your Device characteristics; and
      • certain other Device data, including the time of day, among other information.

      We may use various methods and technologies (such as cookies, web beacons, web server logs and other technologies) to store or collect usage information. These tracking technologies may set, change, alter or modify settings or configurations on your Device. There may be other tracking technologies now and later devised and used by us in connection with the Service. Further, third parties may use tracking technologies in connection with our Service, which may include the collection of information about your online activities over time and across third-party websites or online services.

      Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note that without cookies you may not be able to use all of the features of our Service. Our Service is not designed to respond to “do not track” signals from browsers.

   3. Location-Based Information

      Our Service may use location-based services in order to locate you so we may verify your location, deliver you relevant content and ads based on your location as well as to share your location with our vendors, merchants and retailers as part of the location-based services we offer. Your device’s operating platform may provide you with a notification when our Service attempts to collect your precise location. You may be able to change the settings on your device to prevent it from providing us with such information.

   4. Information Third Parties Provide About You

      We may receive information about you from third parties and other users of the Service, such as credit bureaus, credit reporting service providers and identity verification services. Additionally, we may, from time to time, supplement the information we collect directly from you on our Service with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you.

   5. Information You Provide About a Third Party

      You may provide us with information of others if you authorize someone else to access your account on your behalf such as if you set up a joint account with another person. Any personal information you provide about another person will be treated in accordance with the terms of this Privacy Policy.

2. How Do We Use the Information Collected?

   We may use your personal information that is subject to this Privacy Policy:

   • to determine your eligibility (e.g., creditworthiness) to enter into a transaction with you;
   • to provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services or upcoming events;
   • to process and track your purchases and other transactions you entered into using the Service or in our Stores;
   • to verify your identity, including your accounts on the Service;
   • manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
   • manage and protect our information technology infrastructure;
   • to provide the Service, including the opportunities available on the Service;
   • to improve the Service, marketing endeavors or our Service and Store offerings;
   • to advertise or market our Services, including our Store offerings;
   • to customize your experience on the Service or to serve you specific content or ads that are relevant to you, including using your location information to display advertisements for businesses in your close vicinity;
   • to provide customer support, including to resolve disputes, repossess items for accounts in default, collect fees and account balances, and troubleshoot problems;
   • to contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or Service’s policies;
   • to identify your product and Service preferences so that you can be informed of new or additional products, services and promotions;
   • to enable you to participate in a variety of the Service’s features;
   • to improve the overall experience at the Service;
   • to comply with our legal, statutory and regulatory obligations;
   • for internal business purposes; and
   • for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

3. How and When Do We Share Information with Third Parties?

   Katapult may disclose your information as follows:

   1. Merchant and Retailers. We may share (including sell) your personal information with (and to) third parties, such as the merchant or retailer selling you products and services and otherpartners or others with whom we have marketing or other relationships for the third parties’ direct marketing purposes. When providing us with personal information in connection with a transaction, relevant individuals acknowledge that they are directing us to intentionally disclose their information, or using our services to intentionally interact with, the merchant or retailer selling you products and services.

   2. When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your personal information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.

   3. Third Parties Providing Services on our Behalf. We may use third-party vendors to perform certain services on behalf of us or the Service, such as: (i) to assist us in Service operations; (ii) to manage a database of customer information; (iii) hosting the Service; (iv) designing and/or operating the Service’s features; (v) tracking the Service’s activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; (viii) payment processing or loan service providers so they can process the transactions initiated from your Service account; (ix) to assist us with collecting on delinquent accounts (x) to provide us with consumer reports; and (xi) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including personal information, to carry out the services they are performing for you or for us.

   4. To Protect the Rights of Katapult and Others. We may access, use, preserve, transfer and disclose your personal information to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Service’s Terms of Use or other policies applicable to the Service, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Service or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use IP address or other device identifiers to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.

   5. Affiliates and Business Transfer. We may share your personal information with our parent, subsidiaries and affiliates for the purposes described in this Privacy Policy. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

      Otherwise with Notice. In addition, we may share the information we have collected about you, as disclosed at the time you provide your information.

   We also may share anonymous or deidentified information (such as aggregated user statistics) with third parties.

4. Interest-Based Advertising and Third-Party Analytics Services

   You may see our ads on other websites because we use third-party ad services on our Services. Through these ad services, we can tailor our messaging to individuals considering demographic data, inferred interests and browsing context. These ad services track information about your online activities over time and across third-party websites and apps by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other similar technologies. These ad services may collect data about your visits to websites and apps that participate in these services, such as the pages or ads you view and the actions you take on the websites or apps. This data collection takes place both on our Services and on third-party websites and apps that participate in these ad services. These ad services use this information to show you ads that may be tailored to your individual interests. This process also helps us track the effectiveness of our marketing efforts.

   To learn how to opt out of interest-based advertising, please visit https://optout.aboutads.info/choices, https://www.networkadvertising.org/choices/ or http://preferences-mgr.truste.com/.To learn more about how to opt out of DoubleClick’s use of cookies, visit the DoubleClick opt-out page,here

    

   We also may use third-party analytics services on our Services, such as Google Analytics. The providers of these analytics services use technologies such as cookies and web beacons to help us analyze use of our Services. The information collected through these means may be disclosed to or collected directly by these analytics services. To learn more about Google Analytics, please visit https://www.google.com/policies/privacy/partners/

5. Links to Third-Party Services and Features

   For your convenience and information, the Service may provide links to other websites and may include third-party features such as apps, tools, widgets and plug-ins. These third-party websites and services operate independently from us. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps. The privacy practices of the relevant third parties, including details on the information they may collect and use about you, are subject to the privacy statements of these parties, which we strongly suggest you review.

6. What are my Rights and Choices?

   You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. The Service may allow you to review, correct or update personal information you have provided through the Service’s account registration forms or otherwise by updating your Service account, and you may provide registration updates and changes by contacting us by email at: help@katapult.com. If so, we will make good faith efforts to make requested changes in our then active databases (but we may retain prior information as business records). When you edit your personal information or change your preferences on the Service, information that you remove may be retained for Katapult’s administrative purposes.

   You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions you may sign up for after you opt-out. If your opt-out is limited to certain types of emails, the opt-out will be applied to only those emails. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and Service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.

   If you are a California resident, please see the California Consumer Privacy Statement of this Privacy Policy for more information about your privacy rights.

   If you have any questions about the Privacy Policy or practices described in it, you should contact us in the following ways

   Postal Mail: 5360 Legacy Drive, Building 2 Ste. 135, Plano, Texas 75024 (Attn: Privacy Officer)

   Email: help@katapult.com.

   Phone Number: 833-KATAPULT (833-528-2785)

7. What Should Parents Know About Children?

   Our Service is designed for a general audience and is not directed to children. In connection with the Service, we do not knowingly collect personal information from children under the age of thirteen (13) without such parental consent. If you are a child under thirteen (13) years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.

   In the event that we become aware that we have collected personal information from any child, we will either seek parental consent or promptly delete that information. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without parental consent, please contact us at help@katapult.com.

8. What About Security?

   We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use.

   It is our policy to protect the confidentiality of Social Security numbers in our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure. Our internal policies prohibit unlawful disclosure of Social Security numbers, and we maintain measures designed to limit access to Social Security numbers to personnel who need access to such information in order to perform their job functions.

9. What About Changes to the Privacy Policy?

   We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy. We will indicate at the top of the policy when it was most recently updated.

For California Consumers – California Consumer Privacy Statement

This California Consumer Privacy Statement supplements the Katapult Privacy Policy and applies solely to California consumers. This California Consumer Privacy Statement does not apply to Katapult personnel.

This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations (collectively, the “CCPA”).

Notice of Collection and Use of Personal Information

We may collect (and may have collected during the 12-month period prior to the effective date of this California Consumer Privacy Statement) the following categories of personal information about you:

• Identifiers:identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers, and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, IP address, email address, account name, Social Security number, and other similar identifiers

• Additional Data Subject to Cal. Civ. Code § 1798.80:signature, physical characteristics or description, state identification card number, bank account number, credit card number, debit card number, other financial information, and education information

• Protected Classifications:characteristics of protected classifications under California or federal law, such as age, sex, gender, and gender identity,gender expression, citizenship status.

• Commercial Information:commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies

• Online Activity:Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements

• Location Information:General location information (e.g. IP address, city/state and or postal code associated with an IP address) from your device.

• Sensory Information:audio, electronic, visual, and similar information

• Employment Information:professional or employment-related information such as résumé information, occupation details, education details, certifications and professional associations, historical compensation details, previous employment details, emergency contact information, and pre-employment screening and background check information, including criminal records information

• Education Information:[in connection with job applicants,]education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99)

• Inferences:inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We may use (and may have used during the 12-month period prior to the effective date of this California Consumer Privacy Statement) your personal information for the purposes described in the Katapult Privacy Policy and for the following business purposes:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage, or providing similar services;

• Providing advertising and marketing services;

• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;

• Short-term, transient use, such as nonpersonalized advertising shown as part of your current interaction with us;

• Helping to ensure security and integrity;

• Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them;

• Debugging to identify and repair errors;

• Undertaking internal research for technological development and demonstration;

• Managing career opportunities with Katapult; and

• Managing our relationships with current or prospective partners, corporate customers and vendors and other business partner personnel.

Retention of Personal Information

We will retain your personal information for the time period reasonably necessary to achieve the purposes described in the Katapult Privacy Policy and this California Consumer Privacy Statement, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law.

Sources of Personal Information

During the 12-month period prior to the effective date of this California Consumer Privacy Statement, we may have obtained personal information about you from the following categories of sources:

• Directly from you, such as when you use our Services or complete a form
• Other individuals, such as joint account holders who provide information about you
• Your devices, such as when you visit our website or use our mobile app
• Our affiliates
• Vendors who provide services on our behalf
• Our business partners, such as merchants or retailers that we have partnered with
• Our joint marketing partners
• Online advertising services
• Data analytics providers
• Social networks
• Recruiting and talent agencies
• Job references, such as your employers or teachers
• Data brokers, such as public databases, credit bureaus, credit reporting service providers and background check services

Sale or Sharing of Personal Information

We do not sell your personal information in exchange for monetary compensation. We may share your personal information by allowing certain third parties (such as online advertising services) to collect personal information via automated technologies on our websites and apps for cross-context behavioral advertising purposes. This kind of sharing may be considered a “sale” under California law when the personal information is exchanged for non-monetary consideration. You have the right to opt out of these types of disclosures of your information.

We may sell or share for cross-context behavioral advertising purposes (and may have sold or shared during the 12-month period prior to the effective date of this California Consumer Privacy Statement) the following categories of personal information about you to online advertising services:

• Identifiers
• Commercial Information
• Online Activity
• Inferences

You have the right to opt-out of this disclosure of your information, as detailed below. We do not have actual knowledge that we sell or share the personal information of minors under 16 years of age.

Disclosure of Personal Information

During the 12-month period prior to the effective date of this California Consumer Privacy Statement, we may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:

In addition to the categories of third parties identified above, during the 12-month period prior to the effective date of this California Consumer Privacy Statement, we may have disclosed personal information about you to government entities and third parties in connection with corporate transactions, such as mergers, acquisitions or divestitures.

California Consumer Privacy Rights

You have certain choices regarding your personal information, as described below.

• Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed, and sold about you during the past 12 months.
• Correction: You have the right to request that we correct the personal information we maintain about you, if that information is inaccurate.
• Deletion: You have the right to request that we delete certain personal information we have collected from you.
• Opt-Out of Sale or Sharing: You have the right to opt-out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes.
• Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.

How to Submit a Request.To submit an access, correction or deletion request, email us at help@katapult.com with “California Privacy Rights” as the subject line. To submit a Shine the Light request, email us at help@katapult.com with “California Privacy Rights” as the subject line or mail us a letter to: Katapult Group Inc, 5360 Legacy Drive, Building 2 Ste. 135, Plano, Texas 75024 (Attn: Privacy Officer). To opt-out of the sale or sharing of your personal information, click here or email us at help@katapult.com with “California Privacy Rights” as the subject line. To submit a request as an authorized agent on behalf of a consumer, please contact help@katapult.com. For questions or concerns about our privacy policies and practices, please contact us as described in the “What are my Rights and Choices” section of the Katapult Privacy Policy. If you would like to opt out of the sale of your personal information associated with a different device or browser, please submit an opt-out request using that device or browser. If you clear your cookies on a particular browser or device, you may need to resubmit your opt-out request.

Verifying Requests. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you have a Katapult account with us, we may verify your identity by requiring you to sign in to your account. If you do not have a Katapult account with us and you request access to, correction of or deletion of your personal information, we may require you to verify your email address or phone number in our records and/or provide [information about your prior transactions with Katapult (such as the amount, date or other details about your last transaction)].In addition, if you do not have a Katapult account and you ask us to provide you with specific pieces of personal information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

Additional Information. If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.