Effective Date: July 1, 2020. 

This Privacy Policy provides a comprehensive description of how Western State Bank and its affiliates and subsidiaries, including Western Equipment Finance (collectively, “Western State Bank,” “we,” “our,” or “us”) collects, uses, and shares information about you as well as your rights and choices regarding such information. It applies to any online location that links to the Privacy Policy (the “Service”) or offline location that makes this Privacy Policy available to you. By using the Service, you agree to our Terms of Use and consent to the data practices described in this Privacy Policy.

If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “Contact Information” section. If you are a Nevada resident or California resident, please see the additional disclosures at the end of this Privacy Policy.

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 U.S. Consumer Privacy Notice, which offers you certain choices with respect to the use and sharing of your personal information. Please review that notice for further information regarding such data processing.

Collection of Information

Information You Provide to Us

We collect information about you when you use the Service or interact with us offline. The categories of information we collect, and have collected in the past 12 months, include:

• Contact Data, including your e-mail address, name, home or work address, and telephone number.
• Demographic Data, including your zip code, gender, preferences, interests and favorites.
• Content, including content within any messages you send to us (such as feedback and questions to customer support) or post publicly. Please keep in mind that if you directly disclose information through our public message boards, this information may be collected and used by others.
• Job Application Data, including your employment and education history, transcript, writing samples, and references as necessary to consider you for a job.

You may choose to voluntarily provide other information to us that we do not request, and, in such instances, you are solely responsible for such information. 

Information Collected Automatically

We also automatically collect information when you use the Service. The categories of information we automatically collect, and have collected in the past 12 months, include:

• Service Use Data, including data about features you use, pages you visit, emails and ads you view, products and services you view, domain names, access times, and referring website addresses.
• Device Data, including data about your device or browser type, your device’s operating software, your internet service provider, your device’s regional and language settings, and device identifiers such as your IP address

The types of tracking technologies we use to automatically collect information include:

• Log Files, which are files that record events that occur in connection with your use of the Service.
• Cookies, which are small data files placed on your device by a web page server that act as a unique tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.
• Pixels (also known as web beacons), which is code embedded in a website, video, email, or advertisement that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, email, or advertisement that contains a pixel, the pixel may permit us or a separate entity to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels for the same purposes as cookies.

For further information on how we use tracking technologies for analytics and advertising, and your rights and choices regarding them, see the “Analytics and Advertising” and “Your Rights and Choices” sections below.

Information from Other Sources

We also collect information from other sources. The categories of sources from which we collect information, and have collected from in the past 12 months, include:

• Social networks with which you interact.
• Business partners that offer co-branded services, products, or programs.
• Publicly-available sources, including data in the public domain.
• Tradeshows that you attend.

Use of Information

We collect and use your information for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our business purposes for collecting and using information, and for which we have collected and used information in the past 12 months, include:

• To operate and maintain the Service.
• To perform the services you have requested, such as responding to your requests.
• To send you technical notices, updates, policy changes, and other alerts.
• To prevent and address fraud, breach of policies or terms, and threats of harm.
• To monitor and analyze trends, usage, and activities.
• To conduct surveys and research about your opinion of current services or of potential new services that may be offered.
• To improve the Service and our other products and services.
• To inform you of events, products, and services available from us or other parties.
• To deliver customized content to you.
• To develop and serve advertising.
• To fulfill any other purpose at your direction.
• With notice to you and your consent.

Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we use information about you, please see the “Your Rights and Choices” section below.

Sharing of Information

We share information we collect in accordance with the practices described in this Privacy Policy. The categories of parties with whom we share information, and have shared information in the past 12 months, include:

• Service Providers. We share information with service providers that process information on our behalf. Service providers help us to host our website, prevent fraud, offer technical support, perform statistical analysis or advertising, send you email or postal mail, provide customer support, and provide other services. Service Providers are prohibited from using your information except to provide these services to us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
• Vendors and Ad Partners. We share information with vendors and ad partners for analytics and advertising related purposes. These parties may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, see the “Analytics and Advertising” section below.
• We share information among our affiliates and related entities.
• Business Partners. We share information with business partners that offer co-branded services, products, or programs. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your e-mail, name, address or telephone number may be transferred to the third party.
• Public Forum. We share information you make public through the Service, such as information that you post on public boards. Please think carefully before making information public as you are solely responsible for any information you make public.
• Security and Compelled Disclosure. We share information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal processes served on us or the Service: (b) protect and defend our rights or property: and (c) act under exigent circumstances to protect the personal safety of users of the Service, or the public.
• Facilitating Requests. We share information at your request or direction.
• We share information with notice to you and your consent.

We do not sell, rent or lease our customer lists to third parties as those terms are traditionally understood. We do not use or disclose sensitive information, such as race, religion, or political affiliations, without your explicit consent. For avoidance of doubt, the foregoing statements only apply to information subject to this Privacy Policy, and the use and sharing of information we collect from or about you in connection with financial products or services with us is subject to our U.S. Consumer Privacy Notice

Notwithstanding the above, we may share information that does not identify you (including information that has been aggregated or de-identified) except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the “Your Rights and Choices” section below.

Other Parties

Our Service includes links to and content from websites, platforms, and other services not operated or controlled by us. We are not responsible for the privacy statements or content of other parties, and the information collected and stored by those parties remains subject to their own policies and practices. We encourage you to review the privacy statements of other parties so that you can understand how those parties collect, use and share your information.

Analytics and Advertising

We use analytics services, such as Google Analytics, to help us understand how users access and use the Service. In addition, we work with agencies, advertisers, ad networks, and other ad partners to place ads for our products and services on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services.

As part of this process, we may incorporate tracking technologies from us and our vendors and ad partners, such as Google and Facebook, into the Service (including our website and emails) as well as into our ads displayed on other websites and services. These tracking technologies collect data across time and services for purposes of measuring conversions or actions you take, associating the various devices you use, and serving ads targeted to your interests (“Interest-based Advertising”). As indicated above, vendors and ad partners may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

For further information on the types of tracking technologies we use and your rights and choices regarding analytics and Interest-based Advertising, please see the “Information Collected Automatically” and “Your Rights and Choices” sections.

Your Rights and Choices

Tracking Technology Choices

• Cookies and Pixels. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you use multiple browsers on your device, you will need to instruct each browser separately. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Service or websites you visit. Your ability to limit cookies is subject to your browser settings and limitations.
• Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Analytics and Interest-Based Advertising

Google offers several opt out mechanisms related to the information it collects, including the Google Analytics opt out at https://tools.google.com/dlpage/gaoptout and the Google Analytics for Display Advertising / Google Display Network opt out at https://adssettings.google.com/authenticated.

The ad partners we work with to provide you with Interest-based Advertising are required by us to give you the choice to opt out of receiving targeted ads. Many of these ad partners are participants of the Digital Advertising Alliance (“DAA”) and/or the Network Advertising Initiative (“NAI”). To learn more about the targeted ads provided by these ad partners, and how to opt out of receiving certain targeted ads from them, please visit: (i) for website targeted ads from DAA participants, https://www.aboutads.info/choices; and (ii) for targeted ads from NAI participants, https://www.networkadvertising.org/choices/. Opting out only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., in connection with the participants’ other customers or from other technology services). Some of these ad partners may also offer their own tools, and you should visit their websites to learn more.

Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities’ statements regarding their opt out options or programs.

Communications

You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at privacy@westernbanks.com with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or our ongoing business relations, and that your opt out is limited to the email address used and will not affect subsequent subscriptions. 

Accounts

If you have an account with us, you may have certain choices with respect to information in your online account. Please visit your account settings for more information.

Children

The Service is intended for general audiences, and is not directed at children under 13 years old. We do not knowingly collect personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) from children. If you are a parent or guardian and believe we have collected personal information, contact us at privacy@westernbanks.com. We will remove the personal information in accordance with COPPA. We do not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.

Securing your Information

Western State Bank implements and maintains reasonable measures designed to secure your information from unauthorized access, use or disclosure. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.

International Transfer

We are based in the U.S. and the information we collect is governed by U.S. law.  If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Policy.

Changes to this Privacy Policy

Western State Bank will occasionally update this Privacy Policy. Any changes will be effective immediately upon posting of the revised Privacy Policy. If the changes are material, we may provide you additional notice on the Service or to your email address. Western State Bank encourages you to periodically review this Privacy Policy to be informed of our data practices. Your continued use of our Service indicates your consent to the Privacy Policy then posted.

Contact Information

If you have any questions or comments about this Privacy Policy, our data practices, or our compliance with applicable law, or if you experience any difficulties accessing the information here, please contact us:

By email:          privacy@westernbanks.com  

By mail:            Western State Bank

                         Attn:  Consumer Privacy Officer

                        755 13^th Ave E

                        West Fargo, ND  58078

 

OR                    Western Equipment Finance

                        Attn:  Privacy Officer

                        503 Highway 2 West

                        Devils Lake, ND  58301

 

Additional Disclosures for Nevada Residents

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at privacy@westernbanks.com.

Additional Disclosures for California Residents

These additional disclosures apply only to California residents. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights. 

Many portions of our Service are intended to provide information and services to job applicants and business clients. For those portions, you understand and agree that information collected about you is solely within the context of (i) your role as an employee, job applicant, owner, director, officer, or contractor or (ii) us conducting due diligence regarding, or providing or receiving a product or service to or from your employer.

Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:

• Identifiers, including name, postal address, email address, and online identifiers (such as IP address).
• Customer records, including phone number.
• Characteristics of protected classifications under California or federal law, including gender.
• Commercial or transactions information, including records of products or services purchased, obtained, or considered.
• Internet activity, including browsing history, search history, and interactions with a website, email, application, or advertisement.
• Geolocation data.
• Employment and education information.
• Inferences drawn from the above information about your predicted characteristics and preferences.

For further details on information we collect, including the sources from which we receive information, review the “Collection of Information” section above. We collect and use these categories of personal information for the business purposes described in the “Use of Information” section above.

We do not sell information as the term “sell” is traditionally understood. To the extent “sale” under the CCPA is interpreted to include the activities set out in this Privacy Policy, such as those disclosed in the “Analytics and Advertising” section above, we will comply with applicable law as to such activity. We disclose the following categories of personal information for commercial purposes: identifiers, characteristics, commercial or transactions information, internet activity, geolocation data, and inferences drawn. Please review the “Sharing of Information” section above for further details about the categories of parties with whom we share information.

Right to Know and Delete

You have the right to know certain details about our data practices in the past 12 months. In particular, you may request the following from us:

• The categories of personal information we have collected about you;
• The categories of sources from which the personal information was collected;
• The categories of personal information about you we disclosed for a business purpose or sold;
• The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
• The business or commercial purpose for collecting or selling the personal information; and
• The specific pieces of personal information we have collected about you.

In addition, you have the right to delete the personal information we have collected from you.

To exercise any of these rights, please submit a request by downloading our PDF form online and emailing a completed copy to privacy@westernbanks.com. You may also call our toll-free number at 1-800-451-7087 (Western Equipment Finance) or 1-877-846-9345 (Western State Bank) or speak with a representative at one of our physical locations. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

Right to Opt-Out

To the extent we sell your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by downloading our PDF form online and emailing a completed copy to privacy@westernbanks.com.

Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

Shine the Light

Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in “Contact Information” above and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.