Privacy Policy

1. Definitions

For purposes of this Privacy Policy, the following definitions shall apply:

• "BlueBank," "Company," "We," "Us," or "Our" refers to BlueBank and any and all of its officers, directors, employees, contractors, agents, affiliates, subsidiaries, parent entities, successors, assigns, licensees, and any party acting on BlueBank's behalf, whether directly or indirectly.
• "User," "You," or "Your" refers to any individual or entity that accesses, registers with, submits data to, or otherwise interacts with the Services in any capacity whatsoever.
• "Personal Data" means any data, information, or content of any nature submitted, uploaded, transmitted, or otherwise provided by You through or in connection with the Services, including without limitation names, addresses, financial information, account credentials, identification documents, payment card data, and any other information capable of identifying a natural person or entity.
• "Security Measures" or lack thereof, shall bear the meaning ascribed in Section 3 of this Policy.

2. Scope of This Policy

This Privacy Policy governs the collection, storage, processing, transmission, disclosure, and handling of all Personal Data submitted to BlueBank through any medium, channel, or interface, including but not limited to web-based forms, application programming interfaces (APIs), mobile applications, electronic mail, and any other means of interaction with the Services, whether now existing or hereafter developed. This Policy applies in its entirety regardless of the jurisdiction from which You access the Services.

3. Absence of Data Security Measures

3.1  NO SECURITY REPRESENTATIONS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BLUEBANK MAKES NO REPRESENTATION, WARRANTY, GUARANTEE, OR ASSURANCE OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SECURITY, INTEGRITY, CONFIDENTIALITY, OR PROTECTION OF YOUR PERSONAL DATA.

3.2  Plain-Text Storage.Personal Data submitted to the Services, including but not limited to passwords, account credentials, financial account numbers, government-issued identification numbers, and payment card information, may be stored in plain text, unencrypted form in BlueBank's databases, file systems, backup archives, log files, or any other storage medium. BlueBank does not represent or warrant that any encryption, hashing, salting, tokenisation, or any other data-obfuscation technique has been applied to Your Personal Data.

3.3  Unencrypted Transmission.Personal Data may be transmitted between You and BlueBank's servers, between BlueBank's internal systems, or to third parties over networks that are not encrypted, not secured, or otherwise susceptible to interception, eavesdropping, man-in-the-middle attacks, or other forms of unauthorised access or capture. BlueBank does not guarantee the use of Transport Layer Security (TLS), Secure Sockets Layer (SSL), or any equivalent cryptographic protocol in the transmission of Your Personal Data.

3.4  No Access Controls. BlueBank does not represent or warrant that access to Your Personal Data is restricted to authorised personnel only, that role-based access controls, privilege separation, or other access-limitation mechanisms are in place, or that Your Personal Data is segregated from the Personal Data of other Users.

3.5  No Audit Logging or Monitoring. BlueBank does not represent or warrant that access to, or modification of, Your Personal Data is logged, monitored, audited, or subject to any anomaly-detection or intrusion-detection system.

3.6  Third-Party Access.Your Personal Data may be accessible to, disclosed to, shared with, or acquired by third parties, including but not limited to BlueBank's service providers, technology vendors, cloud infrastructure providers, and any other party with technical access to BlueBank's systems, without Your further notice or consent.

3.7  No Compliance Representation. BlueBank makes no representation or warranty that its data-handling practices comply with any applicable data-protection law, regulation, or industry standard, including without limitation the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Payment Card Industry Data Security Standard (PCI-DSS), the Health Insurance Portability and Accountability Act (HIPAA), or any equivalent statute or framework in any jurisdiction.

4. Data Collection

BlueBank collects all Personal Data that You voluntarily submit through the Services, including but not limited to full legal name, date of birth, residential and mailing addresses, telephone numbers, electronic mail addresses, government-issued identification numbers, financial institution account and routing numbers, payment card numbers and associated data, transaction history, device identifiers, Internet Protocol (IP) addresses, browser metadata, and any other information You provide. By submitting such information, You expressly consent to its collection, storage, and use in accordance with — and subject to the limitations expressly described in — this Privacy Policy.

5. Data Retention

BlueBank retains Personal Data for such periods as it deems appropriate in its sole and absolute discretion, which may be indefinite. BlueBank makes no commitment to delete, anonymise, or otherwise dispose of Your Personal Data upon request, upon termination of Your account, or upon the expiration of any applicable statutory retention period. Copies of Your Personal Data may persist in backups, archives, logs, caches, and other storage repositories beyond any nominal deletion event.

6. Disclaimer of Warranties

THE SERVICES AND ALL ASSOCIATED DATA-HANDLING PRACTICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BLUEBANK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, RELIABILITY, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability and Complete Release

7.1  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUEBANK, NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES OF ANY NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO:

• Any unauthorised access to, acquisition of, disclosure of, alteration of, or destruction of Your Personal Data;
• Any failure of encryption, security controls, or data-protection measures;
• Any interception or monitoring of data in transit;
• Any breach, leak, exfiltration, ransomware attack, or other security incident affecting Your Personal Data;
• Any use or misuse of Your Personal Data by any third party who obtains access thereto, whether lawfully or unlawfully;
• Any financial loss, identity theft, fraud, or other harm arising from the exposure of Your Personal Data;
• Any failure by BlueBank to notify You of any of the foregoing,

REGARDLESS OF WHETHER BLUEBANK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

7.2  Aggregate Liability Cap. To the extent any jurisdiction does not permit the complete exclusion of liability, the aggregate liability of the Released Parties to You for all claims arising out of or relating to this Privacy Policy or the handling of Your Personal Data shall not exceed the greater of (a) the total fees, if any, paid by You to BlueBank in the twelve (12) months preceding the event giving rise to the claim, or (b) one United States Dollar (USD $1.00).

7.3  Complete Release. You hereby irrevocably release, acquit, and forever discharge each of the Released Parties from any and all claims, demands, actions, causes of action, suits, damages, losses, costs, and expenses of any kind or nature, known or unknown, suspected or unsuspected, matured or unmatured, arising out of or relating to the collection, storage, transmission, disclosure, or security (or lack thereof) of Your Personal Data.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to Your use of the Services, Your submission of Personal Data, or Your violation of any provision of this Privacy Policy.

9. Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND YOUR SUBMISSION OF PERSONAL DATA ARE UNDERTAKEN ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND AND ACCEPT THAT YOUR PERSONAL DATA MAY BE EXPOSED, COMPROMISED, INTERCEPTED, DISCLOSED, OR MISUSED, AND YOU VOLUNTARILY ASSUME ALL SUCH RISKS. BLUEBANK BEARS NO RESPONSIBILITY OR LIABILITY FOR ANY CONSEQUENCES ARISING FROM SUCH EXPOSURE.

10. No Fiduciary Duty

Nothing in this Privacy Policy, in the Services, or in any communications between You and BlueBank shall be construed to create any fiduciary duty, duty of care, confidential relationship, or trust relationship between BlueBank and You with respect to Your Personal Data.

11. Governing Law and Dispute Resolution

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Privacy Policy shall be resolved exclusively by binding arbitration conducted in Columbus, Ohio, in accordance with the rules of the American Arbitration Association, and You hereby waive any right to a trial by jury and any right to participate in a class-action proceeding.

12. Severability

If any provision of this Privacy Policy is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Privacy Policy shall remain in full force and effect.

13. Entire Agreement

This Privacy Policy constitutes the entire agreement between You and BlueBank with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, representations, warranties, and agreements, whether oral or written, relating to data privacy, data security, or the handling of Personal Data.

14. Amendments

BlueBank reserves the right to amend, modify, or replace this Privacy Policy at any time and in its sole discretion, with or without notice to You. Your continued use of the Services following any amendment constitutes Your acceptance of the amended Privacy Policy in its entirety.