The SpendSmart Payments Company Privacy Policy

Effective Date of Current Policy: October 3^rd, 2013

OVERVIEW

The SpendSmart Payments Company, Inc. ("The SpendSmart Payments Company") (owners and operators of www.SpendSmartCard.com) is committed to respecting and protecting the privacy rights of all users of our websites and services (collectively the "Service"). Please read this Privacy Policy carefully to understand how we collect and use information in connection with the Service. You accept this Privacy Policy when you sign up for, access, or use our products and Services. We may amend this policy at any time. The revised version will be effective at the time we post it. If we change how we use your Personally Identifiable Information (defined below), we will notify you here, by email, or by means of a notice on our home page.

The SpendSmart Payments Company has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program only covers information collected through our website www.spendsmartcard.com and does not cover information that may be collected through our mobile apps. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at [email protected]. If you are not satisfied with our response you can contact TRUSTe here.

HOW IT WORKS

The service enables the parent or legal guardian (hereafter "Parent") to order reloadable, prepaid debit cards for their teens to use. Rather than borrowing a parents’ credit card, have their parents shop with them, or using cash, The SpendSmart Payments Company enables teens to shop in physical retail locations as well as online using their own prepaid card. Only the Parent may order a card, but a teen may send a request to obtain a card to a Parent through our website. The prepaid card can be loaded with funds by a Parent or other trusted party (collectively, the "giver"). The Parent can track their teen’s spending by receiving notifications via SMS Text or email as well as viewing spending online via www.SpendSmartCard.com or via our mobile apps. Teens can also track their spending in the same ways, and can log into their account online to send funding requests to Givers.

Parents:

We are dedicated to providing a safe environment for your teens. As such, we feel it is best that you know who is giving your teen money, and in what amounts. To that end, Parents must set up a Giver account and register as the Parent and/or guardian of your teen in order for your teen to have full access to their account. Credit or debit card account collection in conjunction with a transaction is necessary to create such an account. Once a Parent account is established and you have provided your consent, your teen may choose to add other Givers. With a Parent account, you will be able to see who is loading your teen’s card(i.e. grandparent, aunt, uncle or friend of the family), and in what amounts. If you see the name of a person you do not recognize or whom your teen should not be contacting, please talk to your teen immediately. If you find that a Giver is incorrectly listed as your teen’s parent or guardian, or if you need to block a Giver, please contact us immediately at [email protected].

Mobile Messaging Service

The SpendSmart Payments Company uses the information collected by us or on our behalf from your interaction with us by Text Messaging Service (SMS) ("SMS Service") solely for the purposes of sending you Service related texts and improving the SMS Service. The information will not be provided, sold, licensed, rented, assigned or disclosed to Third Parties, except as required by law, nor will we use your phone number to initiate a call or SMS text message to you without your express prior consent. Your wireless carrier and other service providers also collect data about your SMS Service usage, and their practices are governed by their own privacy policies. You may opt-out from receiving SMS messages at any time by replying "STOP" to the message. If you opt-out, you will not receive any transaction notifications until you opt back in. IF YOU OPT-OUT BY REPLYING STOP TO A TEXT MESSAGE, WE WILL ONLY CANCEL YOUR SMS SUBSCRIPTION. WE WILL NOT CANCEL OR LOCK THE SPENDSMART CARD OR YOUR ACCOUNT(S).

The SpendSmart Payments Company collects your mobile phone number in order to send you a transactional text messaging as part of our prepaid card service. Such text messages include when, where, and for what amount the SpendSmart Card was used for a purchase, and the current available balance. You may also reply to the text message in order to perform basic account functions such as lock/unlock card and load funds on a card.

CHILDREN UNDER 13

The SpendSmart Payments Company does not offer prepaid cards to children under the age of 13. If The SpendSmart Payments Company learns a child under the age of 13 has been issued one of its prepaid cards, The SpendSmart Payments Company will cancel the card and the account in question. The SpendSmart Payments Company does not intentionally collect personal information from children under the age of 13. If The SpendSmart Payments Company discovers that we have collected information from a child under the age of 13, we will delete the information from our database.

If you are under the age of 13, please do not submit any personal information to The SpendSmart Payments Company.

Parents

When setting up an account for your teen you will be asked for your email address, name, address, mobile number, social security number, and date of birth. Once you have provided us with your information we will then ask for your teen’s information such as their name, email address, address and mobile phone number. Please note that if you do not provide your teen’s email address and phone number to us, your teen may still create an account and subscribe to email and text alerts after you have ordered a card for them.

We will not collect more personal information than is reasonably necessary for your teen to participate in the site or its activities. Parents have the right to consent to the site’s collection and use of the teen’s personal information without having to consent to the site’s disclosure to third parties, other than service providers.

If you wish to add bank account information we will collect the account type, routing and account number, name on the account, and bank name. In some cases, we may require your drivers license number or a recent utility bill showing your name and address for additional verification on an account. We will use this information for the purpose of loading your teen’s prepaid card at your convenience. You may store this information within your account and delete it at any time. We will not use this information for any other purpose than to fulfill your request. If you wish to lock a card to prevent your teen from using it you may do so at any time within the control panel or by following the instructions in a text message.

We use email addresses to respond to your requests and to provide the Service.

If you are over13 years old, we may use your email address, which is considered personally identifiable information ("Personally Identifiable Information"), as further explained in this policy. We currently use your email address to track and complete orders placed through the Service, to help Givers identify you, and to send one or more newsletters to you, as approved by your Parent.

Accessing and deleting teen’s information.

Please note that you can always ask us to review or delete any of your teen’s information and you can refuse to permit further collection or use of your teen’s information at any time by logging into your account, sending an email to [email protected] or a written request to the contact information listed below. However, if you ask us to delete your teen’s information, your teen may not be able to participate further with the Service. You may contact us by any means listed below and we will work hard to respond promptly.

The SpendSmart Payments Company
2680 Berkshire Parkway, Suite 130
Clive, IA 50325
(866) 497-6081 – Phone
(515) 421-4349 – FAX

DATA COLLECTION AND USE

The following information describes the ways in which we share Personally Identifiable Information collected through the Service. We do not share your Personally Identifiable Information in ways other than described in this Privacy Policy.

Personally Identifiable Information

Personally Identifiable Information refers to information that can be used to identify, contact, or locate a teen, Parent, or other Giver (collectively the "Users") and may include name, mailing address, telephone number, mobile phone number, email address, and other identification and contact information. Some Personally Identifiable Information is requested upon registration when a User makes a request, makes a payment through The SpendSmart Payments Company, corresponds with us, or otherwise volunteers information. We may also collect certain financial information such as a credit card number and billing address. When we do so, we will address User questions regarding our Privacy Policy so the User can understand how this information will be used. The SpendSmart Payments Company does not collect payment information from teens. We do collect a teen’s first name, last name, social security number, birth date, and email address so that we can activate the Service with parental consent. We may use third parties to assist with the collection of Personally Identifiable Information.

Non-Personally Identifiable Information

Non-Personally Identifiable Information refers to information that does not identify a specific individual by him/herself or in combination with other information. Non-Personally Identifiable information may include information such as age, date of birth, and gender that is not linked to an identified individual. We may also gather Non-Personally Identifiable consumer purchasing information based upon purchases using the Service. This information may be compiled and analyzed on an individual non-personally-identified basis as well as on an aggregated basis. This information may include:

• The transaction history for the prepaid debit card
• The website’s Uniform Resource Locator ("URL"), which is the location of where the User just came from,
• Which URL the User will next go to,
• What browser the User is using, and
• The User’s Internet Protocol ("IP") address.

A URL is the global address of documents and other resources on the Internet. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the Internet. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet, allowing Internet servers to locate and identify the User’s computer. Computers require IP addresses in order for Users to communicate on the Internet, browse, and shop.

Where we collect your information and how we use it.

Our primary purpose for collecting information is to provide the Service. Among other things, we use Personally Identifiable Information to process payments, contact Users about the status of an order, authorization, purchase, or card load, and to remind customers of upcoming events and promotions.

We may also use information we collect to:

• Provide the Service by including the display of customized content which includes: advertising;
• Conduct audits, research, and analysis in order to maintain, protect, and improve the Service;
• Ensure the technical functioning of the Service; and
• Develop new services
• Troubleshoot problems and/or resolve disputes
• Enforce our agreements with Users.
• Import Contacts
• Editing Account
• Edit Givers
• Invite a Friend

Card Order Request – Teens using the Service

We collect and maintain the teen’s Personally Identifiable Information when the teen sends a request for a card order through us. To complete an order we will require the Requestor’s first name, email address, and the Parent’s name and email address. We collect this information in order to contact the Parent and fulfill the order. We also use this information to update the Parent regarding the status of the request.

If you sign up for our newsletter on our website or when completing an order, we may use the Personally Identifiable Information the teen provided us to send promotional materials and updates for the Service. To unsubscribe, follow the unsubscribe link provided in the communication, or write to [email protected]. If you unsubscribe, we will discontinue sending the teen promotional information about our Service.

Card Funding– Givers

We collect and maintain your Personally Identifiable Information when the teen requests card funding through us. To process a funding request we will require the Giver’s name, and email address from the teen, and then seek the Giver’s payment and personal information. We require the Giver’s social security number, date of birth, and payment information. In some cases, we may require a drivers license, or recent utility bills showing the Giver’s name and address. We will also attempt to collect the Giver’s phone number. We collect this information in order to fulfill the Giver’s payment authorization, and will share the Giver’s address, phone number, and credit card or bank account number to process funding to the teen’s card. We do not share the Giver’s payment or personal information with the teen or other Givers. However, YOUR CONTRIBUTION AMOUNT, NAME, EMAIL ADDRESS, AND COMMENTS MAY NOT BE CONFIDENTIAL. This is a safety measure to make sure Parents know who is giving their teens money, and in what amounts.

The teen’s Parents may view the Giver’s name and email address, as well as how much money the card value loads were for, and when they were placed. Again, the Parent will never be able to view payment or personal information of other Givers, including social security numbers, birth dates, credit card, bank account, and address information, but may have access to Giver contact information. We make the transaction history available to Parents only so they can know whom their teens have asked for money, and who has funded their cards. If you are a Parent, the Service operates so that you control whether your transaction history may be shared with other Givers. All Parents to an account can view each Giver’s name and email address associated with accounts of teen(s).

Invite a Friend

If you choose to use the invite a friend feature on our site, we will ask for your friends email address. We will automatically send your friend a one-time email inviting him or her to visit the site. The SpendSmart Payments Company stores this information for the sole purpose of sending this one-time email and crediting you or your teen’s account once someone you have invited to the site becomes a member. Please refer to the terms of this promotion for more detail on eligibility and when to expect a credit. The invite a friend feature is hosted by a third party, all information collected within this form is collected by our third party service provider on behalf of The SpendSmart Payments Company. They will share with us the email address of the recipient so that we may keep track of who joins our site and compensate you.

Promotions and Sweepstakes

From time to time, The SpendSmart Payments Company may administer or participate in promotions and sweepstakes. Please refer to terms and privacy polices of each such promotion or sweepstakes to learn how your information will be used if you participate.

Import Contacts

We allow you to use the import contacts feature in order to invite your friends to the site, we will ask for you for your account login and password in order to import contacts from either a personal email account or social networking site. We store this information for the purpose of crediting you once someone you have invited to the site becomes a member. We will delete the information once we have ensured that you have been credited.

Testimonials

We post customer testimonials on our Web site which may contain Personally Identifiable Information. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with it. When posting a testimonial from a teen under the age of 18, we will also obtain permission from the Parent to post the teen’s name.

Contacting Us

We will attempt to collect the User’s Personally Identifiable Information when contacting us regarding a card order, status, transaction, or funding. This information is used to follow up with the User, such as calling or emailing the User to update the User on the status of an order.

Surveys

We sometimes use email information to send surveys. If we use a vendor to help us, we do not permit them to use this information other than to manage the survey for us.

We may ask the User to fill out an online survey so we can improve the Service. The User’s Personally Identifiable Information not disclosed and will be kept confidential, but the feedback the User provides in the survey is not confidential and may be used by The SpendSmart Payments Company, Inc. or others.

Shopping

When the User browses our websites or uses the Service, we will collect the User’s IP address for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our website. We collect information from visitors to our websites regarding the referring URL, the User’s IP address, which browser the User used to come to our website, the country, state, and telephone area code where the User’s server is located, and the pages of our websites that the User viewed during the User’s visit. We do not collect Personally Identifiable Information from the User simply because the User visited our websites.

Cookies and Clear Gifs

A cookie is a small data file that is placed on the hard drive of the User’s computer when the User visits a website. Cookies are used to identify the User to us, and can be used to save the User’s IP address and website preferences. Our cookies are not used to access your hard drive to collect Personally Identifiable Information or confidential information. Clear Gifs are small strings of code that can be used to track the User’s movements on the Service, such as which categories and products the User views. Clear Gifs are not connected to the User’s Personally Identifiable Information.

If the User registers with the Service, the User’s cookie allows us to recognize the User when the User returns to our websites and provides the User with access to the User’s account information. If the User saves their information with us, or places any orders from the Service, we may also use cookies to monitor and maintain information about the User’s use of the Service. If the User has not saved their information with us or placed any orders from the Service, we may monitor and maintain information about the User’s use of the Service in a manner that does not identify the User. The User can disable cookies at any time by using their browser options; however, if the User disables cookies, we will not be able to track the User’s order, enable the User to make a purchase from the Service, or recognize the User as a registered user to allow the User access to their account information.

Online behavioral analytics.

We may use third-party companies to serve ads or analyze behavior patterns when the User visits our websites. These companies may place or provide ads (such as banner ads) on our websites that might also place cookies. These companies may use information (not including Personally Identifiable Information) about the User’s visit to our websites in order to help us improve our user experience and/or provide advertisements about goods and services that may be of interest to the User. In the course of providing these services or placing these ads, these third-party companies may place or recognize a unique "cookie" on the User’s computer and each of these companies use this cookie information according to their own privacy and security policies. The use of cookies by third parties is not covered by our privacy policy. We do not have access or control over these cookies.

Clear Gifs (Web Beacons/Web Bugs)

We employ [or our third party advertising partner employs] a software technology called clear gifs (a.k.a. Web Beacons/ Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ Personally Identifiable Information.

DATA SHARING

Disclosures of Personally Identifiable Information with others.

At times, we may share information with other carefully selected companies and organizations that are not part of The SpendSmart Payments Company, Inc. These companies and organizations may use the information we send them to provide special opportunities and offers to the teen. It is not our policy to share the teen’s shipping address, billing information, or telephone numbers with any of these organizations. If you wish to opt-out from third party sharing you may contact us at [email protected]. If you no longer wish to be contacted by such third parties you must contact that third party directly.

Additionally, we may sometimes use certain vendors and suppliers such as a credit card processing company to bill you for goods and services, a third party customer service company to help you with your customer service requests, and a third party tracking utility company to analyze trends. When we do, we make efforts to ensure that these parties treat information in accordance with this Privacy Policy. These third parties are only allowed to use your personal information to provide you with the service you have requested.

In addition to disclosures, as required to provide the Service or as otherwise set out in this Privacy Policy, The SpendSmart Payments Company may also disclose Personally Identifiable Information if we believe that doing so is:

• required by law and when we believe that such disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site;
• appropriate to respond to any claims; or
• to protect the rights, property, or personal safety of The SpendSmart Payments Company, its subsidiaries and affiliates or others. In the event of a merger, acquisition by another company, or sale of all or a portion of its assets, all personal information previously collected by The SpendSmart Payments Company will be transferred to the merging company. You will be notified via email or prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information. In such a case, customers may contact The SpendSmart Payments Company at [email protected] to have their information deleted from our records. In the event that The SpendSmart Payments Company discontinues business operations, all customer information previously collected will be destroyed.

DATA INTEGRITY AND SECURITY

We take reasonable precautions to keep the User’s Personally Identifiable Information secure. We have put in place physical, electronic, and managerial procedures to safeguard the confidentiality and integrity of the information we collect. All personal and sensitive information submitted to The SpendSmart Payments Company through the website is secured by 2048-bit Secure Socket Layer (SSL) data encryption. The information is stored on computer servers which are separate from other corporate information and systems, and in compliance with Payment Card Industry (PCI) security requirements. Our efforts include procedures designed to avoid unauthorized access, alteration, misuse, or disclosure of Personally Identifiable Information.

Our websites and our third-party service providers which collect sensitive financial information, such as credit/debit card information, use encryption and other security measures in the collection and transfer of such information.

Notice of Security Breaches

If we learn of a security systems breach we may attempt to notify the User electronically so that you can take appropriate protective steps. However, by using our websites or providing Personally Identifiable Information to us, the User agrees that we can communicate with you electronically regarding security, privacy, and administrative issues relating to the User’s use of our websites. We may post a notice on our websites if a security breach occurs. If this happens, the User will need a web browser enabling the User to view our websites. We may also send an email to the User at the email address the User has provided to us in these circumstances. Depending on where you live, the User may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) the User should notify us in writing by contacting us at the contact information provided below.

LINKS AND OTHER PARTIES’ WEBSITES

The SpendSmart Payments Company’s websites may contain links to "independently-operated websites" (that is, websites that we do not endorse and/or are not owned, operated, or controlled by us). Please be aware that we do not control and are not responsible for the actions, privacy policy(ies), or terms of use of such independently-operated websites, nor are we responsible for any content appearing on their websites linked to or from our website, or for any Personally Identifiable Information gathered at those websites. You also may give us permission to access your information in other services – for example, you may link your Facebook or Twitter account to The SpendSmart Payments Company, which allows us to obtain information from those accounts (e.g., your friends or contacts). The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are.

INTERNATIONAL VISITORS AND CUSTOMERS

Our websites are hosted in the United States. If Users are visiting from the European Union or any other region or country with laws governing data collection and use which may differ from U.S. law, please note that Users are transferring their personal data to the United States which does not have the same data protection laws as the region or country they are visiting from and by providing the User’s personal data you consent to:

1. the use of the User’s personal data for the purposes identified above in accordance with this Privacy Policy; and
2. the transfer of the User’s personal data to the United States as indicated above.

CHANGES

Changes in this Privacy Policy.

If we decide to change our privacy practices, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we change how we use your Personally Identifiable Information, we will notify you here, by email, or by means of a notice on our home page.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE OUR WEBSITES AND DISCONTINUE USE OF OUR WEBSITES IMMEDIATELY.

ACCESS, PREFERENCES AND MARKETING CONTROLS

The Service gives our Users options for changing and modifying information previously provided, including Personally Identifiable Information. If you have registered with the Service, you may change, delete, or update your registration information at any time, as well as inform us that you do not want to receive new product or other information from us including newsletters and promotional material through email or SMS which we may send from time to time by following the unsubscribe link located at the bottom of each email or SMS communication. Users may also opt-out of receiving many, but not all, communications with the Service through preference tools contained in our communications with Users. To opt out, click on the "unsubscribe" link provided in the newsletter, or write to [email protected].

Access to Parent Accounts

If you wish to access your account to update or correct the personal information of your teen you may do so by logging into your account and editing the information that is inaccurate.

Parents have the right to consent to the site’s use of their teen’s Personal Information without having to consent to its disclosure of that information to third parties as The SpendSmart Payments Company does not share, sell, rent or trade your teen’s personal information with third parties for any purpose. Parents have the right to refuse further collection, use and the right to request deletion of their teen’s personal information by contacting us at [email protected].

Data Retention: We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at [email protected]. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

CONTACT

If you have any questions about this Privacy Policy, our Terms of Use or about our websites in general, please email us at: [email protected] or write to: