LAST UPDATED: 1 JULY 2021
Bank of America Commercial Card Privacy Notice
This Privacy Notice explains how Bank of America Europe DAC collects, uses and discloses Personal Data online and offline in connection with the provision of commercial cards, commercial payments and reporting services we provide to our corporate and institutional clients (“Services”). We refer to the individuals whose Personal Data we process, such as cardholders, travellers and individuals who work for our clients, as “you” in this Notice. This notice also explains how we collect, use, share and protect personal data from data subjects for events that these entities host. See relevant sections on event management and execution.
“Personal Data” is information that identifies an individual or relates to an identifiable individual, and may include any of the following:
- Postal address
- Telephone number
- Email address and other identifying addresses for electronic communications
- Date of Birth
- Details from passports and other government or state issued forms of personal identification (including driver’s license, national insurance and other identifying numbers)
- Mother’s maiden name, or other security questions and answers for authentication purpose
- Bank account details
- Employee Identifier
- Device Identifier
- Telephone or electronic recordings
- IP Address
- Identity of merchants to whom Commercial Cards are presented for payment for goods and services
- Date and amount of purchases
- To facilitate event management (virtual or in-person), in addition to the data mentioned above we may also collect:
o Dietary requirements
o Special assistance needs (hearing, sight or physical impairment)
o Travel details
o Spouse/partner name
o Speaker biographies
We may need to collect and process Personal Data in order to provide the requested Services, or because we are legally required to do so. If we do not receive the information that we request, we may not be able to provide the requested Services.
Collection of Personal Data
We and our agents, affiliates and service providers may collect Personal Data in a variety of ways, including:
- Through the Services: We may collect Personal Data through the Services including our Global Card Access website and mobile application.
- Other than through the Services: We may collect Personal Data about you other than through the Services, such as when you participate in a transaction or contractual arrangement.
- From Other Sources: We may receive Personal Data from other sources, such as from your employer, from the entity we provide the Services to and from other third parties.
- Event management and execution: You provide Personal Data through the event registration process.
Use of Personal Data We and our service providers may use Personal Data for our legitimate business interests, including the following:
- to administer your card or our client’s card programme, and provide services to you or our client;
- to facilitate transactions;
- to comply with the rules of any relevant card scheme;
- to respond to inquiries and fulfill requests from our clients, administer their account(s) and manage our relationships;
- to verify an individual’s identity and/or location (or the identity or location of your representative or agent) in order to allow access to client accounts, or conduct online transactions;
- to protect the security of accounts and Personal Data;
- for business purposes, including data analysis, audits, developing and improving products and services, identifying usage trends and determining the effectiveness of promotional campaigns, and enhancing, improving or modifying our Services;
- for risk management, for fraud detection and prevention, including know your customer, anti-money laundering, due diligence requirements, compliance with sanction rules, fraud monitoring, and tax reporting;
- to comply with laws and regulations (including any legal or regulatory guidance, codes or opinions), and to comply with other legal process and law enforcement requirements; and
- to send administrative information to clients, such as changes to our terms, conditions and policies.
- for event management and execution to ensure that all participants have a safe and enjoyable experience, to provide notifications concerning the event, provide analysis to improve our events and develop new events, determine their overall effectiveness, enhance products and services, and to operate and expand our business activities.
Please note that Personal Data we collect in order to meet our legal and regulatory obligations related to the prevention of money laundering and terrorist financing is processed only for those purposes, unless otherwise permitted or agreed.
We will not use your Personal Data to make decisions based solely on automated processing (including profiling) that have legal or similarly significant effects on individuals.
Disclosure of Personal Data
Personal Data may be disclosed to:
- any person or company working for us (including professional service organisations such as legal, audit and accounting service providers, technology and data processing companies and IT hosting providers);
- your employer or any group of companies of your employer, or our client;
- any person or company that provides products or services to you, your employer or our client in connection with your card or transaction (including our insurer, insurance broker, card scheme, provider of value-added services, travel management company);
- any person to whom we transfer or may transfer any of our rights or duties under the agreement we have with your employer or our client;
- any payment system under which we issue your card, card programme or transaction;
- any institution, court, agency or authority (including law enforcement authorities and our regulators) to whom we are required to disclose it by law including, without limitation, regulatory reporting obligations, anti-terrorism and anti-money laundering laws and regulations, and for the purpose of fighting crime and terrorism;
- any Account Information Service Provider or other third party that you, your employer or our client authorises to receive or access data held by us;
- our affiliates for the purposes described in this Privacy Notice (a list of our affiliates is available on request); and
- our third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, card production, printing, auditing and other services, such as marketing and event management and execution (event vendors, organizers, volunteers, contractors, and sponsors).
If you have given false or inaccurate information or we suspect fraud, we will record this and may pass this information to fraud prevention and law enforcement agencies.
If any payment in relation to the account is processed through a worldwide payment system, information about you may be passed to certain authorities (including authorities outside Ireland) in order to detect and prevent terrorism.
Other Uses and Disclosures
We may also use and disclose Personal Data as we believe to be necessary or appropriate: (a) to comply with applicable law including treaties or agreements with or between foreign or domestic governments (including in relation to tax reporting laws), which may include laws outside the country you are located in, to respond to requests from public and government authorities, which may include authorities outside your country, to cooperate with law enforcement, governmental, regulatory, securities exchange or other similar agencies or authorities including tax authorities to which we or our affiliates are subject or submit, in each case of any country worldwide, or for other legal reasons, who may transfer the Personal Data to equivalent agencies or authorities in other countries; (b) to central banks, regulators, trade data repositories, or approved reporting mechanisms which may be outside your country; (c) to courts, litigation counterparties and others, pursuant to subpoena or other court order or process or otherwise as reasonably necessary, including in the context of litigation, arbitration and similar proceedings to enforce our terms and conditions, and as reasonably necessary to prepare for or conduct any litigation, arbitration and/or similar proceedings; and (d) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
In addition, we may use, disclose or transfer Personal Data to a third party (i) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any insolvency, bankruptcy or similar proceedings) and/or (ii) to third parties, as requested by clients or their representatives.
How do we collect personal information online through cookies and similar tracking technologies?
The type of information we collect from and about you online will depend on how you interact with us and may include: (not all of these may apply to your environment)
- Unique device identifiers (for example Media Access Control (MAC) and Internet Protocol (IP) addresses)
- Browser type, version, language, and display/screen settings
- Information about how you use and interact with our sites and mobile apps (for example page visited or links clicked)
- Survey responses and similar information which reveals views and preferences, but which does not reveal a person’s specific identity
- Responses to advertisements on the sites and mobile apps where we advertise
- Log information such as your search and voice to text queries in the mobile app
- Search engine referrals
- Geolocation information
How do we use the information collected online?
We collect this information through cookies and other tracking technologies for the following reasons:
- Because it is necessary to ensure the site works as intended, such as performing authentication within a secured site. Without this information, some services you have asked for cannot be provided, for example within a secured area requiring authentication and to assist in detecting and preventing fraud, identify theft and other risks to you or Bank of America.
- To remember choices you make (such as your user name, language or region) and provide enhanced, more personal features. These cookies can be used to remember changes you have made to text size, fonts and other parts of web pages that you may have customized. They may also be used to provide services you have asked for such as watching a video or commenting on a blog.
- To improve how a website works and includes collecting information about how visitors use a website, for instance which pages visitors go to most often, or if they get error messages from web pages. This information can also be used to make collective inferences based on choices and browsing behavior for marketing and advertising research.
- To deliver advertisements that may be relevant to you and your interests. These are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. These are usually placed by advertising networks with the website operator’s permission. These remember that you have visited a website and this information may be shared with other organizations such as advertisers.
- To provide you with information you request such as the location of an office based on your location.
Uses and Disclosures of Other Information
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Data. If we do, we will treat the combined information as Personal Data as long as it is combined.
THIRD PARTY SERVICES
This Privacy Notice does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Data within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
Receiving electronic communications from us
If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by following the instructions in the relevant electronic communication.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative and Service or transaction-related messages, which you cannot opt out of.
How individuals can access, change or suppress their Personal Data
If you would like to request to review, correct, update, suppress, restrict or delete Personal Data that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us by telephone on 00800 0456 7890 or +44 (0) 207 839 1481. We will respond to your request consistent with applicable law.
In your request, please make clear what Personal Data you would like to have changed, whether you would like to have the Personal Data suppressed from our database or otherwise let us know what limitations you would like to put on our use of the Personal Data. For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping and/or regulatory purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed. We may no longer be able to provide the Services to you if you request a deletion.
We will retain Personal Data for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with our client and provide the Services; (ii) whether there is a legal obligation to which we are subject; or (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Data from individuals under the age of 18.
JURISDICTION AND CROSS-BORDER TRANSFER
Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers, including the United States. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access Personal Data.
If you are located in the European Economic Area (EEA): Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here https://ec.europa.eu/info/law/law-topic/data-protection_en. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect Personal Data. You may obtain a copy of these measures by following this link: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en. Transfers may also be made pursuant to contracts in your interest or at your request.
We do not typically collect sensitive Personal Data in connection with the Services. Please do not send us any sensitive Personal Data (e.g., information related to racial or ethnic origin, political opinions, religious or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) through the Services or otherwise.
Event management and execution: At the time of registration participants may tell us about disabilities that may require accommodation, or special needs related to religious beliefs, and/or health characteristics, e.g. dietary requirements. This information will be used only to the extent necessary to facilitate any disability or special accommodations. Similarly, certain registration details may include sensitive Personal Data (e.g., dietary restrictions may indicate a particular religious belief). Such data will be used only to facilitate event participation.
UPDATES TO THIS PRIVACY NOTICE
We may change this Privacy Notice from time to time. The “Last Updated” legend at the top of this Privacy Notice indicates when this Privacy Notice was last revised. Any changes will become effective when we post the revised Privacy Notice on the Services. Use of the Services following these changes (or your continued provision of Personal Data to us) signifies acceptance of the revised Privacy Notice.
If you have any questions about this Privacy Notice, please contact us on 00800 0456 7890 or +44 (0) 207 839 1481; or
Bank of America Commercial Card, Amadeo Financial Centre, Chester Business Park, Chester, CH4 9FE, UK.
Bank of America Europe DAC, Two Park Place, Hatch Street, Dublin 2, Ireland. Registered in Ireland (No. 229165). VAT No. IE 8229165F. Registered Office: Two Park Place, Hatch Street, Dublin 2, Ireland is the company responsible for collection, use and disclosure of your Personal Data under this Privacy Notice.
ADDITIONAL INFORMATION FOR THE EEA
Individuals in the EEA may also:
- contact us at 00800 0456 7890 or +44 (0) 207 839 1481 with any questions about this Privacy Notice; or
- file a complaint with a supervisory authority competent for your country or region; or
- contact our EU Data Protection Officer at firstname.lastname@example.org
Under French law, individuals shall have the right to set guidelines regarding the retention, erasure and disclosure of their Personal Data after their death. Such right can be exercised by contacting us as set out in the “Contacting Us” section.