Last Revised 5/2023
Effective Date 5/26/2023
INFORMATION WE COLLECT
When you visit our Site, we may collect Personal Information about you that you provide to us, including but not limited to:
- First, middle, and last name
- Home or other physical address
- Email address
- Username associated with your account
- Telephone number
- Location information
- Date of birth
- Company name
- Job title
- Biometric information, including your voice print, fingerprint, or facial geometry scan. We may use this as part of the verification process when we collect biometric information from government IDs and images to verify your identity.
- Details about devices used to access our websites or mobile applications such as IP address, browser information, device information, operating system information, and your mobile carrier. This is discussed further below.
- We may also collect information about the use of websites, mobile applications, social media presence, and internet-enabled services and platforms by automated means, such as cookies, web beacons, HTML5 Local Storage, and other technologies. This is discussed further below
- Contacts data on your phone or mobile device for Zelle® Payment Services. Find out more about this service at https://www.texascapitalbank.com/zelle. Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC and are used herein under license.
Cookies and Similar Technology
We may collect other information when you visit our Site or use our mobile applications, or interact with our advertisements, even if you are not using our services or do not provide this information directly to us. We may collect a variety of information types in a variety of ways, including:
- Cookies: Cookies are small pieces of data that are stored by your internet browser directly on the device you are using. Cookies help track technical and navigational information such as time you spend on the Site, your browser type, and the specific pages that you visit.
- Flash Objects: (also “Local Shared Objects”): Flash objects determine browser type to ensure that you can view all of the content on our Site, and they help us recognize you and your device when you revisit our Site.
- Web Beacons: Web beacons are objects that are embedded in a webpage and usually invisible to the user. They track who is visiting our Site.
- Tracking Pixel: A tracking pixel, also known as a marketing pixel, is a 1×1 pixel graphic used to track user behavior, Site conversions, web traffic, and other metrics similar to a cookie.
- IP Address (Internet Protocol Address): An IP Address is automatically assigned to your device by your Internet Service Provider and is automatically recorded and logged when you visit our Site.
- HTML5 localStorage: HTML5 localStorage in the browser is different from cookies but can be used for the same purpose (to pair a tracking ID to a particular web server with your web browser so that the web servermcan identify your web browser over time).
- Other Use: Tracking technologies that we may use from time to time and as technology changes.
Other Online Information
HOW WE COLLECT YOUR INFORMATION
We may collect Personal Information about you when:
- You Provide Personal Information to Us -- We collect Personal Information online from you or about you when you provide this information to us directly. For example, we may obtain Personal Information when you log in, request information from us, use our products or services, register on our Site, submit an application, contact customer support, or otherwise interact with us.
- We Obtain Personal Information from Others -- We obtain Personal Information from third parties such as credit bureaus and others to tailor your online experience. We may also receive information about you from other online and offline sources, such as public databases, social media platforms and other third parties.
- We Gather Information Online -- We may collect information about your activity on our Site automatically using tracking technologies, such as cookies, and web beacons to gather information for internal uses, such as Web analytics and to personalize your visit, or marketing purposes (see TRACKING below).
HOW WE USE YOUR INFORMATION
Collecting Personal Information and Other Online Information allows us to optimize the services we offer you. We may use this information in a number of ways, including but not limited to:
- Processing applications and transactions
- Verifying your identity, including when you access your online account
- Responding to inquiries and communications from you
- Improving our business operations and developing new products and services
- Assessing and informing you about the services and products that might interest you
- Providing you important information about our Site
- Sending you technical notices, updates, security alerts, support, and administrative messages
- Protecting the rights, property, or personal safety of Texas Capital Bank, its users, and/or the public
- Complying with legal requirements, relevant industry standards, contractual obligations, and our policies
- Managing your preferences
- Preventing fraud and enhancing the security of your account
- Performing analytics concerning your use of our Site, including the pages and advertisements you view
- Other purposes we may specifically disclose at the time we collect information
We may also use data that we collect on an aggregate or anonymous basis (such that it does not identify any individual customers) for various business purposes, where permissible under applicable laws and regulations.
HOW WE SHARE YOUR INFORMATION
We share information we collect from or about you in accordance with our Privacy Notice. This Notice describes the information collected and your choices regarding the sharing of this information.
We may disclose Personal Information, Cookies and Similar Technology, and Other Online Information as required by law and to third-party affiliates and servicers in connection with the processing, administration, and servicing of your account. These affiliates are only authorized to use and disclose your information as needed to perform services on our behalf or to satisfy legal requirements. At times, we may also disclose your information to (1) meet legal requirements, (2) cooperate with law enforcement authorities, (3) to respond to governmental inquiries or requests, (4) to protect the rights, privacy, safety or property of Texas Capital Bank, (5) to permit us to pursue available remedies or limit damages that we may sustain, (6) to enforce our rights resulting from inappropriate use of our Sites, or (7) as we deem appropriate to prevent physical harm or financial loss.
In the event that assets of Texas Capital Bank are acquired by, sold to, or merged with a third party, we reserve the right to transfer your information in connection with this transaction.
We may also share anonymous or aggregated information with third parties to help deliver products, services, and content that are better tailored to the users of our online services and for other purposes.
HOW WE PROTECT YOUR INFORMATION
We take the protection of your Personal Information seriously. We actively work to limit access to your Personal Information to authorized employees, agents, contractors, or vendors. We use reasonable physical, electronic, and procedural safeguards as required by law to protect Personal Information from unauthorized access, disclosure, manipulation, or destruction. This includes device safeguards, secured files and buildings, as well as oversight of our third-party service providers to ensure information remains confidential and secure.
Unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, while we strive to protect your information, we cannot guarantee its security.
KEEPING INFORMATION ACCURATE
The accuracy of the information you provide to us is very important. Please log in to your account and update any account information you believe to be incomplete, inaccurate, or not current. If you cannot change or correct the information online, or you would rather make these changes offline, please contact us.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required to meet our contractual and legal obligations, or we have a legitimate business need to do so.
We may allow social share buttons on our Site that enable users to easily share information on social media platforms. If you click on these social share buttons, the non-affiliated third parties that own these widgets may have access to information about your browsing on pages of our Site where these widgets are placed.
LINKS TO OTHER WEBSITES
In addition, Texas Capital Bank is not responsible for the information collection, use and disclosure practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft or any other application developer or provider, social media platform provider, operating system provider, wireless service provider or device manufacturer.
Because we link to social media and third-party sites, other parties may collect your Personal Information about your online activities over time and across different web sites when you visit this Site.
Often referred to as online behavioral advertising, we may collect data about your web-browsing activities (using Cookies, web beacons, tracking pixels, and similar technology) when you visit (1) our Site, (2) the website of entities for which we serve advertisements (our “Advertisers”), or (3) the websites and online services where we display advertisements. This information may include the content you view, the date and time that you view this content, the products you purchase, or your location information associated with your IP address. We use the information we collect to improve our Site and serve you more relevant advertisements (referred to as “Remarketing”). Microsoft’s Universal Event Tracking feature is one service we may use for behavioral advertising. See your opt-out rights below.
Additionally, we may track your use of our Site across multiple devices, monitoring your activity to personalize and improve your experience. All platform tracking pixels, including those with our advertising networks, will be capturing anonymized user data including, without limitation: conversion activity, impression/click data, general media buy data, and unique identifiers, such as cookie IDs and Ad IDs (ad server only). Google Services is one service we may use for Analytics. See your opt-out rights below.
Your mobile device may permit applications to access real-time location-based information. Our mobile applications may collect such information, with your permission, in order to enhance the features and functionality of our Site, to improve our service offerings, or for fraud mitigation and account security. In addition, some of the information we already collect, such as IP addresses, may be used to estimate an approximate location of the device you are using to access our Site. See your opt-out rights below.
Texas Capital Bank may perform additional tracking for Site functionality and to improve performance. Tracking is strictly necessary to ensure our Site works properly including to enhance security, facilitate navigation, display material more efficiently, recognize the device that you are using to access our services, and understand how our services are being used.
Your Opt-Out Rights
You can exercise your opt-out rights through the below resources:
Please note that not all tracking will stop, even if you delete cookies. Specifically, tracking to ensure Site functionality will not stop. If you set your browser to disable cookies or other tracking mechanisms, then your experience using our online services may not be the same.
DO NOT TRACK SIGNALS
Technology and Industry standards are currently evolving, and we may not separately respond to or take any action with respect to a “do not track” configuration set in your internet browser.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, see the CALIFORNIA CONSUMER PRIVACY ACT AND CALIFORNIA PRIVACY RIGHTS ACT NOTICE below.
For any questions or comments regarding this Policy or our privacy practices generally, please contact us through the following channels:
- Call the toll-free number 1-877-839-2265
- Email Support at [email protected]
- Log in to your bank’s website and send a message through the secure online portal
In the event you notice suspicious activity on your account or believe your personal ID, password or PIN has been compromised, please email us immediately at https://www.texascapitalbank.com/contact-us or call us at 800.554.8969.
California Consumer Privacy Act and California Privacy Rights Act Notice
INFORMATION WE COLLECT, USE AND DISCLOSE
We may collect, use, and disclose for a business purpose 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 have collected the following categories of Personal Information from our consumers that are California residents within the last twelve (12) months:
- Identifiers: real name, alias, postal address, telephone number, other unique personal identifiers, cookies, device identifiers, platform pixels, tags, email address, IP addresses, other online identifiers, Social Security number, TAX ID, passport information, Green Card number, driving license number, state identification card number, other government issued identification, other photo identification, account name and other similar personal identifiers to identify you.
- Account Information: signature, bank account numbers and balances, frequent flyer information, debit/credit card numbers, cardholder or accountholder name and details, insurance policy number, medical and health insurance information, transaction details, or any other financial information, including credit scores.
- Characteristics of Protected Classes: date of birth / age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information), requests for leave (family care leave; employee’s own serious health condition; pregnancy leave).
- Commercial Information: records of personal property, products or services purchased, obtained, or considered, or other purchasing of consuming histories or tendencies.
- Biometric Information: genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns / rhythms, and sleep, health, or exercise data.
- Internet or Other Electronic Network Activity Information: device and browser type, Internet Service Provider, browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
- Geolocation Data: physical location or movements, device location, Internet Protocol (IP) location.
- Sensory Data: audio, electronic, visual, thermal, olfactory, or similar information such as images including physical characteristics, and call and video recordings.
- Professional or Employment-Related Information: current or past job history, performance evaluations, title, salary, employment files, references, prior employer.
- Education Information: details of your education and qualifications including education records such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, student disciplinary records, or directory information.
- Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, aptitudes, and or similar trends.
- Sensitive Personal Information: social security number, driver’s license number, state identification card number, passport number, account log-in information, financial account information, debit/credit card numbers in combination with security or access code/password/credentials allowing access to an account, precise geolocation, racial or natural origin, religion or creed, genetic data, biometric information for the purpose of uniquely identifying a consumer, health information, sex life, and sexual orientation.
Personal Information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’s and CPRA’s scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994 (DPPA).
WHERE WE COLLECT YOUR PERSONAL INFORMATION
The sources from which we may collect Personal Information depend on, among other things, our relationship or interaction with a specific California resident. The information below lists the categories of sources from which we may collect Personal Information in different contexts.
- From you directly, or other individuals acting on your behalf, through physical (e.g., paper application), audible (e.g., phone), or electronic (e.g., website, social media) sources.
- Indirectly from you or your agents. For example, through information we collect from our clients in the course of providing services to them.
- Directly and indirectly from activity on our Site. For example, from submissions through our Site portal or website usage details collected automatically.
- Public records or widely available sources, including information from the media, and other records and information that are made available by federal, state, or government entities.
- Outside companies or organizations that provide data to support activities such as fraud prevention, underwriting, marketing, and law enforcement. Examples may include internet service providers, social networks, operating systems and platforms, data brokers, advertising networks, and data analytics providers.
- Outside companies or organizations from whom we collect Personal Information to support human resource and workforce management activities. Examples may include operating systems and platforms, and social networks.
- Outside companies or organizations from whom we collect Personal Information as part of providing products and services, completing transactions, supporting our everyday operations, or business management and development. Examples include companies or organizations to whom we provide products or services; other parties, partners, and financial institutions; credit bureaus when we offer or extend credit to you; and parties involved with mergers, acquisitions, and other transactions involving transfers of all or part of a business, or a set of assets.
- Information from our Affiliates.
HOW WE USE YOUR PERSONAL INFORMATION
In the past 12 months, we may have used Personal Information relating to California residents to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including the following:
- To Respond: to provide the services to you and our clients as requested. For example, if you share your name and contact information to request a financial product or 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 request.
- Performing Services: communicating with you via any means (including via email, telephone, text message, social media, post or in person) for maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services.
- Evaluation: providing you with, or evaluating your eligibility for, products and services that you request from us.
- Operation of Our Site: operation and management of our Site; providing content to you; displaying advertising and other information to you; and communicating and interacting with you via our Site.
- IT operations: management of our communications systems; operation of IT security; and IT security audits
- Health and Safety: health and safety assessments and record keeping; and compliance with related legal obligations.
- Financial Management: sales; finance; corporate audit; and vendor management.
- Research: conducting market or customer satisfaction research; and engaging with you for the purposes of obtaining your views on our products and services.
- Security: physical security of our premises (including records of visits to our premises and CCTV recordings); and electronic security (including login records and access details, where you access our electronic systems).
- Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law.
- Legal Compliance: compliance with our legal and regulatory obligations under applicable law including any internal policy based on or reflecting legal or regulatory guidance, codes, or opinions.
- Legal Proceedings: establishing, exercising, and defending legal rights.
- Improving Our Products and Services: identifying issues with existing products and services; planning improvements to existing products and services; and creating new products and services.
- Informing: Assessing and informing you about the services and products that might interest you.
- Risk Management: Audit, compliance, controls, and other risk management.
- Fraud Prevention: Detecting, preventing, and investigating fraud.
We 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.
DISCLOSING PERSONAL INFORMATION
The categories of third parties to whom we may disclose Personal Information about a specific individual depend on, among other things, our relationship or interaction with a specific California resident. During the past 12 months, we may have disclosed many or all the categories of information described in this Notice for our business purposes also described in this Notice the following categories of third parties:
- You and, where appropriate, your family, your associates, and your representatives
- Our Affiliates
- Vendors and Service Providers who provide services
- Partners and third parties who you authorize us, directly or indirectly, to disclose your Personal Information in connection with products or services we provide to you
- Other third parties who enable customers to conduct transactions online and via mobile devices, support mortgage and fulfillment services, vehicle loan processes and aggregators (at the direction of the customer)
- Government or Regulatory Authorities
We determine the length of time we intend on retaining each category of Personal Information, including Sensitive Personal Information, by examining the Retention Schedule referenced in our internal Record Retention Policy. The Retention Schedule designates a maximum timeframe for each record type that may contain Personal Information.
Records are not kept longer unless otherwise stated by management and / or designated by legal counsel in accordance with the execution of a Legal Hold.
We determine the Retention Schedule for each record type as follows:
- Records will be retained for the shortest period of time dictated by legal, fiscal or business requirements.
- With respect to legal requirements, if a law or regulation requires that the record be kept for a specific period of time, we will retain the record for a minimum of the time period indicated. If a law or regulation requires that the record be retained but does not specify a retention period, we will retain the record for a minimum period of three years. Our Legal Department will be consulted, as needed, to determine the legal retention requirements for any given Record.
- Fiscal retention requirements are those that relate to our financial transactions and are commonly required for audit or tax purposes. If the fiscal requirements dictate a longer retention period than the period dictated by the legal requirements, the longer period will be applied.
- Business requirements and considerations are defined as the period of time during which a business unit relies upon a Record in order to perform one of its functions. Records preserved under business requirements are those necessary to carry on our daily business. The assessment of business requirements and considerations begins with an operating assumption that in most cases, a five-year retention will meet or exceed those needs. Business units indicating a need for a longer retention period will be asked for additional information to justify this need. If the business requirements dictate a longer retention period than the period dictated by both the fiscal and legal requirements, the longer period will be applied.
- All Records that pertain to the functional activity of a business unit that are not otherwise covered by the retention schedule will be retained for three years.
YOUR RIGHTS, INCLUDING ACCESS, DELETION, CORRECTION, OPT-OUT, AND LIMITING USE
You have the following Rights under the CCPA and CPRA:
- Access to Personal Information: California residents have the right to access their personal information by requesting the Bank to furnish a report of all information regarding the customer held by the Bank, including specific pieces of personal information. The report will be in a readily available format and easy for the consumer to understand.
- Deletion of Personal Information: California residents have the right to request the Bank to delete their Personal Information. While the Bank will attempt to accommodate such requests, the Federal Gramm Leach Bliley Act may prevent us from deleting certain pieces of information. If the Bank is not able to accommodate a Request to Delete, the requestor will be notified of the rejected request and given the reason(s) why their Personal Information cannot be deleted.
- Correction of Personal Information: California residents have the right to correct their Personal Information held by the Bank if they notice that their information held is inaccurate. This action commonly occurs after the customer reviews their data after requesting to access their information. Texas Capital Bank does offer California residents the option to access their personal information and will promptly correct any inaccurate data when notified by the customer.
- Opt-Out of Selling or Sharing Personal Information: California residents have the right to opt out of the selling and sharing of their information by businesses that sell or share Personal Information. The CPRA defines a “sale” as the disclosure of Personal Information for monetary or other valuable consideration. The CPRA defines “sharing” as the disclosure, transfer, or other form of communication of customer Personal Information to third parties for cross-context behavioral advertising with or without monetary or other valuable consideration. Texas Capital Bank does not offer an opt out of the selling or sharing of Personal Information because we do not sell or share customer information and have not done so in the past 12 months, including the Personal Information of minors under the age of 16.
- Limiting the Use of Sensitive Personal Information: California residents have the right to limit the use and disclosure of their Sensitive Personal Information held by the Bank if it is used outside the purposes of providing services or products that the customer has purchased. Texas Capital Bank does not offer California residents the option to notify the Bank to limit the use of Sensitive Personal Information because the Bank does not use it outside the purposes of providing services or products that the customer has purchased.
You may request access, deletion, correction, opt-out and limiting use by calling 1-877-839-2265, submitting a request via email at [email protected], or by completing our online form at link (Click Here)
Please note that, for your protection, any request sent to us relating to your Personal Information will be subject to the following verification procedure: (1) You may be verified by your submission made through your password-protected online portal or by verifying identification points with client support. (2) We reserve the right to deny your request if we cannot verify your identity. (3) Where we deny your request in whole or in part, we will endeavor to inform you of the denial, provide an explanation of our actions, and provide the reasons for the denial. We will acknowledge receipt of your request and endeavor to respond within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
We will not discriminate or retaliate against you for exercising any of your rights mentioned above.
You may designate an authorized agent to make a request to exercise your rights on your behalf. Your authorized agent must be able to provide to us proof that you have authorized the agent to act on your behalf. For your protection, we reserve the right to deny any request from an agent who does not submit proof that they have been authorized to act on your behalf.
CHANGES TO OUR CALIFORNIA CONSUMER PRIVACY ACT NOTICE
We reserve the right to amend this privacy statement at our discretion and at any time. When we make changes to this Notice, we will post an updated version here with a new Effective Date at the top of this page. Any changes will be effective only after the Effective Date and will not affect any dispute arising prior to that date.
If you have any questions or comments about this Notice or our privacy practices generally, we encourage you to contact our customer service department by calling 1-877-839-2265.