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Last Updated: 6/1/2023

NOTICE
Please read this privacy policy carefully. By accessing this website, you agree to be bound by the privacy policy below. If you do not agree to the policy below, do you access this website. By accepting this Privacy Policy, you also agree to our Terms of Use, which also governs your visit to this website, and which is incorporated by reference into this Privacy Policy.
 

Privacy Policy

Your privacy is important to First Bank & Trust (“FBT,” “we,” “us,” “our”). We have prepared this Privacy Policy to provide you with information about how we collect, use, disclose, and protect your personal information. This Privacy Policy applies to the online collection, use, and disclosure of personal and other information through this website.

If you have a financial product or service with us, we will use and share any information that we collect from or about you in accordance with our Privacy Notice, which offers you certain choices under federal law with respect to the use and sharing of your financial information.

Information Collection

Information You Provide: We collect information about you (“personal information”) and your use of our website, some of which may not be personally identifiable. Personal information includes “personal data” as defined by the General Data Protection Regulation (“GDPR”) and “personal information” as defined by the California Consumer Privacy Act (“CCPA”). We collect any information that you provide to us on this website or through your access to or use of this website. We may also collect this information from you in the course of our business relationships, including if you are associated with one of our commercial clients or third-party service providers. This includes, but is not limited to, your personal information such as:

  • Real name, alias, unique personal identifier, online identifier, Internet Protocol address, account name, driver’s license number, passport number, or other similar identifiers as well as contact information, such as address, telephone number, and email address;
  • Signature, physical characteristics or description, state identification card number, insurance policy number, education, employment, employment history, or any other financial information;
  • Characteristics of protected classifications under California or federal law (sex, race, religion, color, national origin, age, handicaps);
  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
  • Biometric information;
  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement;
  • Audio, electronic, visual, thermal, olfactory, or similar information;
  • Professional or employment-related information;
  • Education information;
  • Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and
  • Any other information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household.

The personal information collected includes sensitive personal information, such as driver's license, state Identification card, passport number, account log-in, and biometric information.

We also collect technical information about your visit to our website, which may include information about your device, web browser, and location. When you browse our website, your IP address (the Internet address of your computer) is recorded so that we may know how you are using our website. Your browser may also automatically provide us with information regarding the type of computing device and operating system you are using. This information is used by FBT to monitor and improve our website. This information is not linked back to you as an individual user.

This website also uses cookies to record user-specific information about the pages you access or actions you take during your visit on our website. These cookies do not store or collect any personally identifiable data. Please see the section below on cookies for more information.

Information Collected from Third Parties: We also collect personal information about you from third parties. This includes your personal information such as:

  • Our business partners may provide us with information about you.
  • Our service providers may give us information about you that they collect when performing services on our behalf.
  • We may supplement the information that we collect about you with information from data providers, such as consumer reporting agencies or government records.
  • We may receive information about you when you interact with our brand on social media sites or other third-party websites, including but not limited to Facebook, Twitter, LinkedIn, or YouTube.

The information we receive includes but is not limited to employment, education, characteristics of protected classifications, mailing address, email address, or real name.

Information Uses

We may use the information that we collect from you to:

  • Provide you with the services or products that we offer on this website;
  • Respond to your inquiries, requests, or other service-related purposes;
  • Communicate with you to administer the website and our services, including notifying you about any updates, changes, or additions to this Privacy Policy;
  • Enhance your experience with us, such as tailoring the website content to your preferences or developing new products or services based on your interactions with this website;
  • Send you information about products or services that we think may be of interest to you;
  • Carry out any specific purposes for which we have obtained your prior consent; and
  • Conduct any other legitimate business activities not otherwise prohibited by law.

We may also use your information for business or commercial purposes such as:

  • Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
  • Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes;
  • Debugging to identify and repair errors that impair existing intended functionality;
  • Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with us, provided that the personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with us;
  • Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, or providing similar services;
  • Providing advertising and marketing services, except for cross-context behavioral advertising, to the consumer provided that, for the purpose of advertising and marketing, a service provider or contractor shall not combine the personal information of opted-out consumers that the service provider or contractor receives from, or on behalf of, the business with personal information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with consumers;
  • Undertaking internal research for technological development and demonstration;
  • Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us; and
  • Any commercial purposes, including any purpose to advance your commercial or economic interests, such as by inducing you to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

Information Disclosure

We may disclose information about you with relevant and appropriate third parties in the following situations:

  • To our service providers that perform functions on our behalf;
  • To protect or enforce our rights or property, protect your safety or the safety of others, or to investigate, prevent, or take action against fraud or other illegal activities;
  • In response to legal process or as otherwise required by law;
  • In the event that FBT goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets; or
  • To conduct any other legitimate business activities not otherwise prohibited by law.

Notwithstanding anything else in the Privacy Policy, we may disclose aggregate or non-personally identifying information about our website users with third parties for marketing, advertising, research, or other business purposes.

We do not sell personal information, and we will not sell personal information except as described in this Privacy Policy or if we provide you with notice and a right to opt out of such sale.

We do not share personal information with third parties for cross- context behavioral advertising.

Information Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on this website. It is a good idea to protect your security by always closing your web browser after leaving the website. If you believe that information you have submitted through this website has been used without your permission to engage in any unauthorized activity, you must tell us immediately. The best way of keeping your possible losses to a minimum is to call us at 800.843.1552. If you fail to notify us, you may be liable for all unauthorized activity on your account.

Third-Party Links

This website may contain links to third-party websites. By including a link to third-party websites, FBT does not endorse or recommend any products or services offered or information contained at the third-party websites. FBT disclaims liability for any privacy practices of the third-party websites linked on this website, which may have a privacy policy different from that of FBT. If you decide to visit a third-party website via a link contained on our website, you do so at your risk.

Cookies

In addition to the information you provide, FBT may also collect information during your visit to our website through our online tracking technologies and other information-gathering tools. These tools collect certain traffic information that your browser sends to a website, such as your browser type and language, access times, and the address of the website from which you arrived. They may also collect information about your Internet Protocol (“IP”) address, clickstream behavior (i.e., the pages you view, the links you click, and other actions you take in connection with websites or “powered by” websites), and product information. When you browse or visit our website, we may store certain information on your computer in the form of a small text file or “cookie,” which can help us to tailor our website to your individual preferences and save you time if you visit our website again. For more information about cookies, please visit allaboutcookies.org.

Information from these tracking technologies, which may include the time and length of your visit, viewed web pages, previously visited websites, and your Internet service, allows us to measure website activity and to create ideas for improving our website. We or our third-party providers may collect personal information about your online activities over time and across different websites when you use our website. For example, we use Google Analytics to generate statistical and other information about the use of our website by means of cookies. To learn more about Google’s privacy policy, please visit http://www.google.com/policies/privacy.  You can also learn more about how to opt out of the collection and processing of such information by Google by visiting this website: https://tools.google.com/dlpage/gaoptout.

We may partner with other third parties to provide certain features on our website or to display advertising on our website based upon your online activities. Some of these third parties may provide you with ways to choose not to have your information collected or used for targeted advertising. To learn more about cookies and your ability to opt out of certain third-party advertising cookies, please visit the following websites: http://www.aboutads.info/choices or http://www.networkadvertising.org/choices. You have the ability to accept or decline cookies using your web browser settings. If you choose to not accept cookies from our website, you may not be able to take full advantage of our features or to receive some of the services that our website provides. However, if you set your browser options to disallow cookies, you may limit the functionality of our website.

This website does not respond to browser “Do Not Track” signals.

Use of Website by Minors

This website is not intended for use by children or minors. We do not knowingly solicit information from children, and we do not knowingly market to children. We recognize that protecting children’s identities and privacy online is important and that the responsibility to do so rests with both the online industry and with parents. Please notify us immediately if you believe that we may have collected personal information from a child so that we can delete such information.
We do not sell the personal information of California consumers that are less than 16 years of age, unless the consumer (in the case of consumers between 13 and 16 years of age) or the consumer’s parent or guardian (in the case of consumers who are less than 13 years of age) has affirmatively authorized the sale of the consumer’s personal information.

California Privacy Rights

Under the California Consumer Privacy Act, California residents have the right to:

  • Request that a business delete any personal information, including sensitive personal information, about the consumer which the business has collected from the consumer.
  • Request that a business disclose what personal information it collects, free of charge. The request may seek any of the following:
    • The categories of personal information that it has collected about that consumer.
    • The categories of sources from which the personal information is collected.
    • The business or commercial purpose for collecting or selling personal information.
    • The categories of third parties with whom the business shares personal information.
    • The specific pieces of personal information it has collected about that consumer.
  • Request that a business correct inaccurate personal information.
  • Request that a business that sells or shares the consumer’s personal information, or that discloses it for a business purpose, disclose, free of charge, to the consumer:
    • The categories of personal information that the business collected about the consumer.
    • The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each category of third parties to whom the personal information was sold.
    • The categories of personal information that the business disclosed about the consumer for a business purpose.
  • Direct a business that sells or shares personal information about the consumer to third parties not to sell the consumer’s personal information.
  • Direct a business to limit use and disclosure of sensitive personal information.
  • No retaliation following opt out or exercise of other rights and to not receive discriminatory treatment by a business for the exercise of your privacy rights.

You may submit a request under the California Consumer Privacy Act through the following methods:

  • You may call us toll-free at 800.843.1552.
  • You may write to us at 520 6th Street, Attn: CCPA, Brookings, South Dakota 57006.

To submit a request, we are required to verify your identity. Please be prepared to provide us with your name, mailing address, telephone number, and Social Security number/account number. We may need to contact you to confirm your request.

You may also designate an authorized agent to make such requests on your behalf by submitting a written permission form establishing that the agent is authorized to act on the consumer’s behalf (e.g., a signed power of attorney). We may require that the agent verify the agent’s own identity.

We will not discriminate against you if you choose to exercise any of your rights as described in this section.

European Union

This section of our Privacy Policy contains information for persons located in the European Union (“EU”), a European Economic Area (“EEA”) member state, or Switzerland. Before Fishback collects any personal information from you, you are entitled under the EU General Data Protection Regulation (“GDPR”), to the information in this section of our Privacy Policy.

Purposes and Legal Bases for Processing Personal Information
Fishback collects your personal information to provide our products and services to you; otherwise, we may not be able to process the transactions you request. Fishback will process your personal information only when FBT has a lawful basis for doing so. FBT will collect and process your personal information as necessary for the performance of a contract to which you are a party or because FBT has another legitimate interest in doing so relating to FBT’s business purposes arising from your relationship with FBT. FBT may also seek your prior consent or rely on some other lawful basis to process your personal information.

Our legitimate interests include but are not limited to:

  • Provide you with the products and services you request, view, engage with, or purchase;
  • Communicate with you regarding your account or transactions with us; and
  • Operate, understand, optimize, develop, or improve our sites, applications, products, services, and operations.

Rights of Users Located in the EU
If you use this website and are located in the EU, EEA, or Switzerland, you are entitled by law to access, correct, amend, or delete personal information about you that we hold. A summary listing these rights appears below. Please note that these rights are not absolute and certain exemptions may apply to specific requests that you may submit to us.

  • The right to access. You have the right to ask us for copies of your personal information. When making a request, please provide an accurate description of the personal information to which you want access. Where requests are repetitive or manifestly unfounded or excessive, we may charge a reasonable fee based on administrative cost.
  • The right to rectification.  You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
  • The right to erasure. You have the right to ask us to erase your personal information in certain circumstances, including your personal information to be erased to comply with a legal obligation under EU or member state law.
  • The right to restrict processing. You have the right to ask us to restrict the processing of your personal information in certain circumstances, including (i) when the accuracy of the personal information is brought into question or (ii) when we no longer need the personal information for purposes of the processing but require such personal information for the establishment, exercise, or defense of a legal claim.
  • The right to data portability. You have the right to ask that we transfer the personal information you gave us from one organization to another or give it to you.
  • The right to lodge a complaint with the supervisory authority.  If you believe your rights under the GDPR have been violated, the GDPR gives you the right to file a complaint with your supervisory authority. A list of supervisory authorities is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
  • The right to withdraw consent. If FBT obtains your written consent to collect and process your personal information, you can subsequently withdraw such consent as to any further processing of information.
  • Automated decision-making. To the extent that FBT engages in decision-making based solely on automated processing, including profiling, which produces legal effects concerning you or which significantly affects you, you have the right not to be subject to such decision-making.

To exercise these rights, please contact us at 800.843.1552. For your protection, we may need to verify your identity before responding to your request. In the event that we refuse a request, we will provide you a reason as to why.

Right to Object to Processing
You have the right to object to the processing of your personal information that is based on legitimate interests. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or we can demonstrate the processing is for the establishment, exercise, or defense of legal claims. You can object to the processing of your personal information by contacting us at 800.843.1552.

Cross-Border Transfers of Personal Information
Personal information that you provide while in the EU, an EEA[CK2] member state, or Switzerland will be transferred to the United States. The GDPR permits such transfer when necessary for the performance of a contract between you and FBT, if FBT obtains your explicit consent to such transfer, or if it is in FBT’s legitimate interest to transfer the personal information. The laws in the United States may not be as protective of your privacy as those in your location. If we transfer personal information from the EU, we will provide an appropriate safeguard such as standard contractual clauses, or your consent.

Retention of Your Personal Information
We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided. We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, and [CK3] unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

Changes to Privacy Policy

We reserve the right to change this Privacy Policy at any time without notice to you. Unless otherwise stated, any modifications to this Privacy Policy will go into immediate effect after they have been posted, as indicated by the “Last Updated” date located at the beginning of this Privacy Policy. Your continued use of this website indicates your consent to the Privacy Policy posted at the time of use.

Contact Us

If you have any questions about this Privacy Policy, please contact us at 800.843.1552.