PRIVACY POLICY

XFORMATIVE PAYMENT SYSTEMS, LLC

Last Updated: 06/29/2020

This online privacy policy applies to the Xformative Payment Systems website (the “Website”) and web-facing services (together, the “Application”), and all related sites, applications, data storage, services and tools regardless of how you access or use them. By requesting, accessing, or otherwise using our services, products, features, functions, technologies, or content offered on the Website, the Application, and all related sites and applications, regardless of how accessed, including by computer, mobile phone, or any other device (collectively “Xformative Services''), you accept this Privacy Policy and agree to the collection and use of your Personal Information in accordance with this Privacy Policy.  An “Xformative Account '' means the service account at Xformative, established by the Primary Accountholder, through which the Xformative Services are provided with regard to the Primary Account and Sub-Account(s).  The terms “Primary Account,” “Primary Accountholder,” “Sub-Account,” and “Sub-Account Cardholder” shall have the same meanings as set forth in the Xformative Terms of Service.

We use the term “Personal Information” in this Privacy Policy to describe information that can be associated with a specific person and can be used to identify that person. We do not consider Personal Information to include information that has been aggregated and/or otherwise made anonymous such that it does not identify a specific individual.

WHAT INFORMATION DOES XFORMATIVE COLLECT AND HOW DO WE COLLECT IT?

When you use, visit, or otherwise interact with the Xformative Services, the Website, and/or the Application, you will sometimes give information directly to us or to our third-party service providers, including your name, account information, email address, mailing address, phone number, date of birth, or other Personal Information.

Additionally, when you use, visit, or otherwise interact with the Xformative Services, the Website, and/or the Application, we and our third-party service providers may use technology that stores or collects information sent to us by your computer, browser, mobile phone, or other device. This information may include your IP address, unique device identifiers, or other unique identifier; your device functionality, such as the type of browser, operating system, or hardware used; your device location, which may include a street name and city or GPS-location; mobile network information; your activities within the Xformative Services, the Website, and the Application; your email address and mobile phone number; and other information. When you use the Xformative Services, we also collect information about your transactions and your activities, including financial and payment information.

We may also obtain information about you from third parties, including, but not limited to, credit bureaus and identity verification services.

HOW DO WE USE COOKIES? 

When you use the Xformative Services, the Website, and/or the Application, we (including our service providers) may place “Cookies” (small data files, including cookies, pixel tags, and/or other local storage provided by your browser or associated applications) on your computer, browser, mobile phone, or other device. We use these technologies to improve Xformative Services, including to: recognize you as a customer; customize Xformative Services; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across the Xformative Services.

We use both session Cookies, which expire and no longer have any effect when you log out of your account or close your browser, and persistent Cookies, which remain on your device until you erase them or they expire. We encode our Cookies so that we or our third-party service providers can interpret the information stored in them. You are free to decline Cookies if permitted by your computer, browser, mobile phone, or other device, although doing so may interfere with your use of the Xformative Services.

HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT?

We may use your Personal Information to:

• verify your identity, and recognize you when you return to the Website and/or Application;
• process and analyze your Xformative Account transactions and to send you notices about your Xformative Account transactions;
• provide Xformative Services and customer support to you;
• deliver service update notices and promotional offers, answer questions and respond to your requests, and otherwise to communicate with you;
• enforce our Terms of Service and the Cardholder Agreement, including to prevent potentially prohibited or illegal activities;
• improve our Website, Application, and services;
• create new analytics, algorithms, or other tools.
  

HOW DO WE SHARE PERSONAL INFORMATION WITH THIRD PARTIES?

We may share your Personal Information with third parties for the purposes of providing Xformative Services to you.  Third parties may include partner banks and financial institutions; credit bureaus, identity verification services, and collection agencies, as permitted by law; other business entities, in the event of any business reorganization, merger, sale, joint venture, or other disposition of some or all of Xformative’s business; and law enforcement, government officials, or other third parties as required by subpoena, court order, or other legal requirement or process.

Xformative will not share any of your Personal Information with third parties for the third parties’ marketing purposes and only shares your Personal Information with third parties as described in this policy.  Xformative may share aggregated customer information with third parties for the third parties’ marketing purposes, including so that Xformative may offer you merchant promotions; such aggregated information does not identify a specific individual and does not contain Personal Information.

HOW CAN YOU RESTRICT THE COLLECTING OR SHARING OF YOUR PERSONAL INFORMATION?

Xformative maintains the preferences you have provided to us regarding the use, collection, and sharing of information, including how we may contact you. Some federal and state laws allow you to restrict information sharing in certain instances. You can indicate your preferences regarding information sharing and marketing communications by signing into your Primary Account. 

DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident or citizen of the European Economic Area (EEA), you have certain data protection rights.  Xformative aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you are a resident or citizen of the European Economic Area (EEA),  and you wish to be informed about what Personal Information we hold about you and/or you would like to be removed from our systems, please contact Xformative Customer Service at support@xformative.com.

In certain circumstances, you have the following data protection rights:

• The right to access, update, or, in some cases, delete Personal Information Xformative has on you.  If you wish to access this information, please contact us to assist you.
• The right of rectification.  You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object.  You have the right to object to our processing of your Personal Information.
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HOW DO WE STORE AND PROTECT YOUR PERSONAL INFORMATION?

We store and process your Personal Information on our environment in the United States. We use administrative, technical, and physical security measures to protect the security of your Personal Information against loss, misuse, unauthorized access, disclosure, or alteration. It is your responsibility to make sure that your Personal Information is accurate, and you should promptly update your Personal Information on the Website or Application if your Personal Information changes or becomes inaccurate. We retain information as long as it is necessary and relevant for our operations, typically for as long as a user has an account, though in some instances information may be stored after an account is closed. As noted above, we may retain some information from closed accounts to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce the Cardholder Agreement and Terms of Service, or take other actions as required or permitted by law. Likewise, if your account or membership is terminated or suspended, we may maintain some information to prevent re-registration. We take reasonable steps to securely destroy Personal Information in our possession that is no longer required.

NOTICE TO CALIFORNIA RESIDENTS.

Section 1798.83 of the California Civil Code permits customers who are California residents to request certain information regarding the disclosure of Personal Information to third parties for the third-parties’ direct marketing purposes.  If you are a California resident, you may request such information by sending an email request to support@xformative.com.

CHILDREN’S PRIVACY.

We comply with the U.S. Children’s Online Privacy Protection Act (Act) and the regulations implementing it, to the extent the Act and the regulations apply to Xformative.  Xformative does not knowingly collect personal information, as defined in the Act’s implementing regulations, from users in this age group.

NOTIFICATION REGARDING UPDATES.

From time to time, we may change or update this Privacy Policy. You acknowledge and agree that we may notify you about any material changes in the way we treat Personal Information by placing a notice on the Website and Application. Your continued use of the Xformative Services after any such posting shall constitute your acceptance of such changes. If you do not agree with any such changes, please stop using the Xformative Services.

HOW CAN YOU CONTACT US ABOUT PRIVACY QUESTIONS?

If you have questions about this Privacy Policy or our information practices, please contact us by email at support@xformative.com.