FIDAP Terms of Service and Confidentiality Agreement
Last Updated: May 6, 2026
Inclusiv’s Financial Inclusion Data Analytics Platform (“FIDAP”) is a proprietary web application designed to support credit unions in analyzing lending activity to monitor financial inclusion performance and meet reporting and compliance requirements related to federal and other programs. Authorized users (in this Agreement, you as the “User”) can upload data from a credit union’s internal systems using standardized data collection templates provided on the platform. FIDAP processes and analyzes this data, along with applicable reference data sets, and generates insights in the form of interactive dashboards and downloadable reports. Inclusiv is the sole owner of FIDAP and all related intellectual property that constitutes the platform’s content, code, features, and functions.
By utilizing FIDAP, you as the User confirm that you are authorized to act on behalf of the credit union and certify that the User, individually and on behalf of the credit union, consents and agrees to the terms and conditions set forth in the Agreement. The User further confirms that he/she/it is solely responsible for the security of your login credentials and that you have and will continue to secure your credentials (including password(s)) so that they remain confidential and protected.
The terms of this Agreement, and the obligations thereunder, commence on the date that the User creates his/her/its FIDAP account, and shall last until the User or Inclusiv terminates said account unless otherwise provided herein. Inclusiv reserves the right, in our sole discretion, to change or modify portions of this Agreement at any time. If we do so, we will post the changes on this page and will indicate at the top of this page the date of last revisions.
1. Inclusiv employs approved methodologies to analyze characteristics of credit union loans. Given that the credit union has the responsibility of protecting the confidential information of its members regarding their loans and income, Inclusiv's methodologies are designed to use data that cannot be easily linked to a specific individual credit union member (each a “Member”) and therefore does not require the use of any Personally Identifying Information (or “PII”) beyond Member addresses that are required for geocoding purposes. Nevertheless, and to the extent that any data provided by the credit union is subject to confidentiality and privacy regulations, Inclusiv and the User agree that at all times each will individually and jointly treat as confidential all Member Information, as defined below, and including but not limited to Members’ PII, as required under and in compliance with all applicable federal, state, and local laws and regulations, including but not limited to those specifically identified in this Agreement.
2. Member Information includes records, trade secrets, knowledge, data or other proprietary or confidential information relating to products, processes, know-how, designs, developmental or experimental work, computer programs, computer artwork, databases, other original works or authorship, customer lists, business plans, marketing plans and strategies, transaction identifications, financial information or other subject matter pertaining to any business the credit union or any of the credit union's members, consultants or licensees, whether- communicated in writing or orally, and is marked as "confidential" or "proprietary" or "secret" at the time of disclosure, or is unmarked (including orally disclosed information), but is treated as confidential at the time of disclosure. Confidential Information (unless otherwise required by the Gramm-Leach-Bliley Act (“GLBA”)) does not include information that (a) is generally known or available by publication, commercial use or otherwise through no fault of Inclusiv, (b) is known by Inclusiv at the time of disclosure and is not subject to restriction, (c) is lawfully obtained from a third party who has the right to make such disclosure, or (d) is released for publication by the credit union in writing.
3. Inclusiv understands and agrees that the User is providing Member Information to Inclusiv in reliance on Inclusiv's obligations contained in this Agreement. Inclusiv will maintain the secrecy of Member Information furnished to it by the User by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination, or publication of the Member Information as Inclusiv uses to protect its own confidential proprietary information of a similar nature.
4. Inclusiv agrees to implement and maintain appropriate administrative, technical, and physical measures designed to meet the objectives of the GLBA, and the regulations promulgated thereunder, and all other applicable federal, state, and local laws and regulations, including using commercially reasonable efforts to (a) ensure the security and confidentiality of Member Information, and (b) protect against threats or hazards to the security, confidentiality or integrity of Member Information.
5. If Inclusiv is required by its work for the credit union to receive Member Information, Inclusiv agrees that it shall at all times treat such information with the highest degree of privacy and that it shall maintain full compliance with the GLBA and all other applicable federal, state, and local laws. Where necessary, Inclusiv and the credit union may enter into a separate Data Sharing Agreement (“DSA”) to more expressly and expansively provide mutual protections and obligations than set forth in this Agreement.
6. Inclusiv shall not disclose or permit the disclosure of the Member Information to any person, except to the User, the credit union's officers, directors, employees, attorneys or accountants, or appropriately identified and approved consultant(s), but only on a need-to-know basis. Inclusiv shall notify the User and the credit union, if the credit union requests a different individual be notified in writing, of unauthorized disclosures of Member Information as soon as possible and no later than 36 hours after the discovery of such unauthorized disclosure, and Inclusiv shall notify same of any reports made by Inclusiv to legal authorities regarding such unauthorized disclosure of Member Information.
7. The User acknowledges and agrees that Inclusiv may use and/or share general findings, trends, summaries and conclusions based on the Member Information, in an aggregated and anonymized manner that does not identify any specific individual Member Information in furtherance of Inclusiv’s mission (collectively, “Permitted Uses”). Permitted Uses may include, but are not limited to, creating publications that showcase the impact that credit union affiliated with Inclusiv are making in their communities along with insights on credit union lending as well as developing applications for grant funding that will support programs and services that benefit Inclusiv, our member credit unions, and the wider credit union industry.
8. Inclusiv shall maintain the Member Information for no longer than is necessary for Inclusiv to support the Credit Union’s work under this Agreement, and shall at all times comply applicable laws, regulations, and guidelines, and with Inclusiv’s own data protection policies and procedures, which may be made available to the Credit Union upon request.
9. Neither the User nor the credit union may use FIDAP to (a) upload false or manipulated data; (b) interfere with the operation or security of the platform; (c) attempt to reverse engineer, copy, or replicate the platform, data models, or templates within; (d) engage in purposes outside its intended use, including activities in violation of applicable laws, regulations, or program requirements.
10. This Agreement, and the related documents provided by Inclusiv, may be shared with the credit union’s federal and state regulators and supervisory authorities as may be reasonably requested from time to time by such authorities in the exercise of their supervisory authority over the credit union.
11. In the event of the credit union’s merger or consolidation, the preceding entity and its identified User will continue to be bound by this Agreement, to the extent that is appliable, as will the surviving entity under the terms and conditions set forth in this Agreement.
12. Inclusiv may suspend or terminate a credit union’s access to FIDAP, including but not limited to cases where: (a) the credit union is no longer an Inclusiv member in good standing; (b) the credit union violates this Agreement or, in Inclusiv’s sole discretion, misuses FIDAP as outlined in Section 9 above or otherwise; (c) continued access poses a data security or integrity risk, in Inclusiv’s sole discretion; (d) it is so required by law or program regulations; and/or (e) applicable fees are not timely paid (if and when fees apply). Upon termination, the User and/or the credit union may request confirmation of its account termination and deletion of its uploaded data, subject to any legal or regulatory retention requirements under applicable law.
13. THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. Inclusiv and the User, individually and on behalf of the credit union, hereby waives, to the fullest extent permitted by applicable law, any right to trial by jury with respect to any action or proceeding arising out of or relating to these Terms of Service and Confidentiality Agreement.
14. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement.
15. This Agreement sets for the entire considerations, obligations, and commitments between Inclusiv and the User, individually and on behalf of the credit union, oral and written, and all other communications between them, and supersedes any other such prior understandings.