Privacy Policy

Effective on 11/25/2019

Last Updated 12/3/19

TRUSTe

This Privacy Policy applies to 1040.com (the "Site") and the 1040.com online tax filing service (the "Service") (collectively, “Our Site and Service”) owned and operated by Drake Software (“Drake”, "we", "us", or "our"). This Privacy Policy describes how Drake collects and uses the information you provide on Our Site and Service. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information.

This Privacy Policy covers Drake’s practices for collecting, using, maintaining, protecting and disclosing information you provide through Our Site and Service. By using Our Site and Service, you agree to the collection and use of information in accordance with this Privacy Policy.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

 

Children's Privacy | Information We Collect | Use of Personal Information | Sharing Personal Information | Your Choices | Correcting and Updating Your Personal Information | Email Choice/Opt-Out | Security | Cookies and Other Tracking Technologies | Advertising | Links to Other Websites | Social Media Features | Testimonials/Feedback |Do Not Track | Your Privacy Rights |Non-Discrimination |GDPR | Notice of Changes | Accessibility | Contact Info

Children's Privacy

Our Site and Service are not targeted at children of any age, and we do not collect information from children under age 16. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information.

Information We Collect

Our Site and Service collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("Personal Information"). In particular, we may collect the following categories of Personal Information from you:

 

Category

Examples

How We Collect

Identifiers.

A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

We collect this information from users who set up an account and who provide this information through use of Our Site and Service.

Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, bank account number, credit card number, debit card number, or any other financial information.

Some Personal Information included in this category may overlap with other categories.

We collect this information from users who set up an account and who provide this information through use of Our Site and Service.

Protected classification characteristics under California or federal law.

Age (40 years or older)

 

We collect this information from users who set up an account and who provide this information through use of Our Site and Service.

Commercial information.

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

We collect this information from users who set up an account and use Our Site and Service.

Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

We collect this information from visitors to the Site, users who set up an account and who provide this information through use of Our Site and Service.

Geolocation data.

Physical location or movements.

We collect this information from visitors to the Site, users who set up an account and who provide this information through use of Our Site and Service.

Personal Information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from applicable state privacy laws, such as information regulated under federal laws, including:
    • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA) and the Gramm-Leach-Bliley Act (GLBA).

Drake obtains the categories of Personal Information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase, when you set up an account for our services, or when you contact us directly.
  • Indirectly from you. For example, from observing your actions on Our Site and Service.

Use of Personal Information

  • We may use or disclose the Personal Information we collect in the categories above for one or more of the following business purposes:
  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop Our Site and Service.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your experience and to deliver content, product and service offerings relevant to your interests, including targeted offers and ads through Our Site and Service, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of Our Site and Service, databases and other technology assets, and business.
  • For research, analysis, and product development, including to develop and improve Our Site and Service.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your Personal Information.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Drake's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Drake about users of Our Site and Service is among the assets transferred.

Drake will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice. If you provide us Personal Information about others, or if others give us your Personal Information such as name, Social Security number and date of birth for tax filing purposes, we will only use that information for the specific reason for which it was provided to us.

Sharing Personal Information

Drake may disclose your Personal Information to third party service providers for a business purpose (see Opt-Out and Opt-In Rights). For example, we may share your Personal Information with third parties that help us provide Our Site and Service such as a credit card processing company to bill you for services, a W2 import service to import your W2 information, or an email service provider to send out emails on our behalf. In addition, with your permission, we may provide your Personal Information to third parties that facilitate additional services to you at your request such as audit assistance or using your federal tax refund to pay your tax preparation fees. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Drake has disclosed the following categories of Personal Information of certain users of Our Site and Service for a business purpose to our affiliates and third party service providers:

  • Identifiers
  • California Customer Records Personal Information categories.
  • Protected classification characteristics under California or federal law.
  • Commercial information.
  • Internet or other similar network activity.
  • Geolocation data.

Other Sharing of Personal Information

In the preceding twelve (12) months, Drake has shared the following categories of Personal Information of certain users of Our Site and Service to our affiliates, third party service providers and data aggregators for marketing and advertising purposes:

  • Identifiers
  • Commercial information.
  • Internet or other similar network activity.
  • Geolocation data.

Your Choices

Access to Specific Information and Data Portability Rights

In accordance with applicable state laws, you may request certain information about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, and Data Portability Rights), we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or sharing that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you (also called a data portability request).
  • If we sold or disclosed your Personal Information for a business purpose, two lists disclosing:
    • sales, identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Deletion Request Rights

You may request that Drake delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, and Data Portability Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Submitting your request through your account by selecting this option in your account settings.
  • Visiting our website to submit your request.

Only you, or someone authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

As part of this process, government identification may be required.  As noted above, you may designate an authorized agent to make a request on your behalf.  In order to designate an authorized agent, you must provide a valid power of attorney, your valid government issued identification, and the authorized agent’s valid government issued identification.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account. If you do not have an account with us, you will need to contact us by submitting a request on our website.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

For instructions on exercising opt-out rights, see Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request as soon as possible in accordance with applicable law.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response using the contact information you have provided electronically.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Opt-Out and Opt-In Rights

You have the right to direct us to not share your Personal Information with third-party marketers or advertisers (the "right to opt-out"). We do not intend for Our Site and Service to be used by consumers less than 16 years of age and we do not share the Personal Information of consumers we actually know are less than 16 years of age.

To opt-out, you (or your authorized representative) may submit a request to us by visiting the following web page link: "Do Not Sell My Personal Information"

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize the sharing of your information. However, you may change your mind and opt-in to sharing such information by making the request on our website.

You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

Correcting and Updating Your Personal Information

Drake acknowledges that you have the right to access your Personal Information. Upon request, we will inform you whether we hold any of your Personal Information. To review, update or amend your Personal Information, or to request deletion of your Personal Information, or to request that we no longer use your Personal Information to provide you services, you may log into your account and make the appropriate changes in your account management center or you may contact us on our website or at support@1040.com with a detailed request. Your request should include your first and last name, account username or email address used to set up the account, and a detailed description of your request. For additional details and rights with respect to deleting your Personal Information, see Deletion Request Rights.

We will retain your information for as long as your account is active or as needed to provide you with Our Site and Service. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. You may continue to receive marketing emails and newsletter emails even after you stop utilizing Our Site and Service, unless you have opted out of receiving marketing emails and newsletter emails using the method described in the Choice/Opt-Out section of this Privacy Policy.

Email Choice/Opt-Out

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by changing your account settings. If you choose to stop receiving our newsletter or marketing emails, we will continue to send you necessary service and transactional communications.

Security

The security of your Personal Information is important to us. We maintain reasonable and appropriate security measures to protect your data from loss, misuse, unauthorized access, disclosure, alteration or destruction in accordance with this Privacy Policy. When you enter sensitive information (such as a credit card number) on Our Site and Service, we encrypt the transmission of that information using secure socket layer technology (SSL).

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. Although we do our best to protect your personal information, we cannot guarantee the security of Personal Information transmitted to Our Site and Service.

The safety and security of your information also depends on you. Where you have chosen a username and password to access your account and certain parts of Our Site and Service, you are responsible for keeping this username and password confidential. In the event that you believe your username or password has been compromised, please contact us at support@1040.com.

If you have any questions about security on Our Site and Service, please contact us at support@1040.com.

Cookies and Other Tracking Technologies

We use cookies or similar technologies to analyze trends, administer the Site, track users’ movements around Our Site and Service and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies on an individual as well as aggregated basis.

We use cookies for remembering user settings. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use the Site, but your ability to use some features or areas of Our Site and Service may be limited.

As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

We may combine this automatically collected log information with other information we collect about you. We do this to improve Our Site and Service.

Advertising

We may partner with a third party to either display advertising on Our Site and Service or to manage our advertising on other websites. Our third-party partners may use technologies such as cookies to gather information about your activities on Our Site and Service and on other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Links to Other Websites

Our Site and Service include links to third-party websites whose privacy practices may differ from those of Drake. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Social Media Features

Our Site and Service include social media features, such as the Facebook "Like" button. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and related widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these social media features are governed by the privacy policy of the company providing the service.

Testimonials/Feedback

We display personal testimonials and feedback of satisfied customers on Our Site and Service in addition to other endorsements. With your consent (see Terms of Service, Section 5, Part B), we may post your testimonial, or feedback, along with information such as your first name, last name initial, and city and state of residence. If you wish to update or delete your testimonial or feedback, you can send the request to support@1040.com.

Do Not Track Signals

There is no uniform or consistent standard or definition for responding to, processing, or communicating Do Not Track signals. At this time Our Site and Service do not function differently based on a user's Do Not Track signal. For more information on Do Not Track signals, see All About Do Not Track (https://allaboutdnt.com/).

Your Privacy Rights

Drake complies with applicable state privacy laws with respect to your Personal Information. Our privacy practices comply with the California Consumer Privacy Act of 2018 ("CCPA") and other applicable state privacy laws.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights or rights granted to you under other applicable law. Unless permitted by applicable law, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

General Data Protection Regulation

The General Data Protection Regulation (GDPR), a regulation in European Union (EU) law, is a new set of rules that changes the way personal data of individuals inside the European Economic Area (EEA) can be collected and processed. Among other things, the law can apply to non-EU companies who are offering goods or services to persons inside the EEA.  Drake takes the privacy and security of its customers, and of any person whose data Drake handles, very seriously.  Drake follows stringent data privacy and cyber security protocols to protect the personal data it handles. However, the GDPR is a unique set of regulations particular to EU law, and does not mesh well with the current framework in the United States. 

Drake is headquartered in Franklin, North Carolina in the United States. Our Site and Service are hosted and administrated in the United States or hosted with cloud service providers who are headquartered in the United States. Drake's target users are in the United States. Drake does not currently intend to offer goods or services to individuals in the European Union. If you are located in the European Union, or anywhere outside of the United States, be aware that information you provide to us or that we obtain as a result of your use of Our Site and Service may be processed in, transferred to, and stored in the United States and will be subject to United States law. The privacy and data protection laws of the United States may be different from the laws of your country of residence.

With the implementation of GDPR, we are taking further steps to ensure that any potential customers understand that Drake does not intend to sell its goods or services to persons inside the EEA.  These include limiting access to certain web-based services when attempting access from within EU borders. 

Notice of Changes

We may update this Privacy Policy to reflect changes to our information practices. If we make material changes to our Privacy Policy we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on Our Site and Service. We encourage you to periodically review this page for the latest information on our privacy practices.

Accessibility

Drake is committed to making our Privacy Policy accessible to individuals with disabilities. If you use assistive technology (such as a Braille reader, a screen reader, text-enlargement programs, etc.) and the format of the Privacy Policy interferes with your ability to access any information in the Privacy Policy, please contact us at support@1040.com. Please indicate the nature of your accessibility problem, the preferred format you would like to receive the Privacy Policy, and your contact information so that we may respond in a manner that is helpful for you.

Contact Information

If you have questions or comments regarding this Privacy Policy, contact us by writing or emailing at the address below:

Drake Software

235 East Palmer Street

Franklin, NC, United States 28734

Email: support@1040.com

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