Privacy Policy – Web Site and Mobile Terms and Conditions

WEBSITE AND MOBILE APPLICATION PRIVACY STATEMENT

 

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR MOBILE APPLICATION. DO NOT USE THE WEBSITE OR MOBILE APPLICATION IF YOU DO NOT AGREE TO THESE TERMS.

Last Updated: March 24, 2017

This Privacy Statement (“Privacy Statement”) explains how information about you is collected, used and shared by Cupre and its subsidiaries and affiliated companies (“Cupre”) through our websites (each a “Site”) and mobile applications (each an “App” and together with the Sites, the “Services”).

INFORMATION COLLECTION

 

Information You Provide
We collect information from you when you choose to share it with us to access or use our “Services”, request information from us, or otherwise contact us. The information we collect may include your name, address, email address, phone number, information about your payment at a retail location, information contained on a check that you upload for remote deposit, financial account information used for payments, loads or direct deposits, and any other information you choose to provide. We may combine the information you provide to us with information (1) from and about you that we automatically collect when you use our services, (2) from third parties, or (3) from other online and offline services.

Information Automatically Collected; Cookies and Online and Mobile Advertising; and California Do Not Track Disclosures

Information Automatically Collected: We may use cookies, pixel tags, local shared objects (e.g., Flash cookies), and other technologies for security and authentication purposes, to collect certain information when you visit and use our Services, to deliver online advertisements that we think would be more relevant to your interests, and to monitor interactions with our emails and online advertisements. For example, we may automatically collect certain information from you as you browse or use the Services, including but not limited to your browser type and version, Flash version, operating system, other system settings, such as the language your system uses and the country and time zone where your device is located, Internet Protocol (“IP”) address, domain, or other unique identifiers (“Device Identifier”) for the computer  or mobile or other device you use to access the Services (collectively, “Device”). A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our system identifies your Device by its Device Identifier. In addition, our web server logs may collect and save information about your browsing behavior, such as the date and time you visit a website, the page served, the preceding page views, the referrer site, and your activity on our Services.

Cookies and Online and Mobile Advertising: We may place cookies on your Device so we can recognize you between visits. Cookies are files that websites send to your computer or other internet-connected device to uniquely identify your browser or to store information or settings on your device. The cookies will identify you by your Device Identifier or another unique identifier, but we will not store unencrypted personal information in cookies. The Site may use HTTP cookies, HTML5 cookies, Flash cookies, and other types of local storage (such as browser-based or plugin-based local storage). We may allow our authorized Service Providers (defined below) to place cookies on your device, including to serve you ads that may be of interest to you. We do not control these cookies or their content. Most Devices allow you to modify your browser or operating system settings to be notified when a cookie is set, to reject all cookies, or to limit tracking for advertising purposes. Your Device may also allow you to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings by following Adobe’s instructions at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html. To control which servers collect information by automated means, we may place small electronic tags called web beacons on the Site and in our emails, which are files that link web pages to particular web servers and their cookies. However, please be aware that some features and services on the Site may not function properly or may be slower if you refuse cookies or web beacons. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests if you do not allow cookies or web beacons.

California Do Not Track Disclosure: Your browser or Device may provide you with the option to send a “Do Not Track” signal to websites you visit.  This signal is used to request that websites not send the requesting device cookies, but websites have no obligation to respond to such signal or to modify their operation.  Note that our systems may not be programmed to recognize Do Not Track headers from some or all browsers. Accordingly, the Site may not treat you differently if we receive such signals from your Device.

Location Information: If you use certain features of our Services that involve location-based services (such as the ATM locator) or if your Device sends location information when it connects to the Services, you may grant us access to information about your location. We use this information to provide you with the services or products that you request, including access to location-based information.

If you do not wish to have your information collected and used as stated above, you may take steps such as enabling Do Not Track requests or turning off and clearing cookies in your browser. Please be advised that this website may not perform optimally with certain features of your browser disabled, or if you prevent the use of cookies, web server logs, web beacons, and/or location services.

Information Collected From Other Sources

We may also obtain information about you from other sources, including third party social networks that you use to connect with us. For example, when you “like”, “follow” or otherwise connect with us on third party social networks we may have access to certain information about you from that social network, such as your profile name, profile picture, gender, photos, networks, username and user ID, list of friends, and comments, questions, and other posted content based on your privacy settings on that social network. We may combine this information with the information we collect from and about you to help us tailor our communications to you and improve our Services.

INFORMATION USE

We may use the information we collect from and about you, including personally identifiable information for any of the following purposes:

  • For security and authentication purposes;
  • To notify you of incomplete applications or registrations;
  • To respond to your inquiries;
  • To provide you and other users with customized content, targeted offers, and advertising on the Services, on other websites or applications, or via email;
  • To contact you with information, newsletters, and promotional materials;
  • To contact you when necessary;
  • To review the usage and operations of our Services and improve our content, products, and services;
  • To address problems with our Services or our business;
  • To manage our networks;
  • To protect the security or integrity of our Services and our business; and
  • As described to you at the point of collection.

 

SERVICE PROVIDERS

We may employ third parties to provide functions related to the Services (“Service Providers”). Service Providers will have access to your information to the extent necessary to perform their business functions, but we do not permit them to use the information for any other purpose.

INFORMATION DISCLOSURE

We may disclose the personal information we collect from and about you as follows: (1) to our Service Providers, if the disclosure will enable them to perform a business, professional or technical support function for us; (2) as necessary if we believe that there has been a violation of the Cupre Site and/or Mobile Application Terms of Use or of our rights or the rights of any third party; (3) to respond to judicial process and provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (4) as described to you at the point of collection.

We may share aggregate or anonymous non-personal information with third parties and use such non-personal information for any purpose.

Also, we may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Services in a manner that is consistent with this Privacy Statement.

LINKS TO OTHER WEBSITES

The Services may have links to third-party websites or applications, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites or applications.

OUR COMMITMENT TO CHILDREN’S PRIVACY

Protecting children’s privacy is important to us. We do not direct our Services to, nor do we knowingly collect any personal information from, children under the age of thirteen.

OUR COMMITMENT TO DATA SECURITY

We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers. While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.

CALIFORNIA PRIVACY RIGHTS

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information that we share with our affiliates or other third parties for marketing purposes, as well as the names and addresses of such affiliates or other third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the contact information indicated below.

ACCESS TO YOUR PERSONAL INFORMATION

If the Services allow you to create an account, you may sign in to your account to update your personal information stored by us.

IF YOU HAVE QUESTIONS

If you have any questions about this Technology Privacy Statement or the practices described herein, you may contact us at support@mycupre.com or at:
Cupre Customer Service
P.O. Box 13899
Tallahassee, Florida 32317

Note that if you elect to send us feedback regarding Services, we may keep a record of the communication, and you grant us an unrestricted nonexclusive, perpetual, royalty-free, irrevocable, transferable, worldwide right and license to use it for any purpose, including incorporating comments or suggestions into future versions of the Services, or sharing the communication (not including your personally identifiable information) with others.

CARD PRIVACY DISCLOSURE

If you are a Cupre cardholder, you may have received a separate privacy disclosure statement in connection with your use of the card. Please refer to that disclosure, not this Privacy Statement, regarding how we collect, store, disclosure and use your information in connection with your use of the card and certain other financial products or services provided by Cupre.

REVISIONS TO THIS STATEMENT

We reserve the right to revise this Privacy Statement at any time. When we do, we will post the change(s) on our Services. If we change the Privacy Statement in a material way, we will provide appropriate notice to you. If you do not accept the modified terms, we may terminate your access to the Services.

Your continued use of this website or the Services indicates consent with all provisions of this document and all amendments for which you have been provided notice.


 

WEBSITE AND MOBILE APPLICATION TERMS OF USE

PLEASE READ THESE WEB AND MOBILE APPLICATION TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR MOBILE APPLICATION. DO NOT USE THE WEBSITE OR MOBILE APPLICATION IF YOU DO NOT AGREE TO THESE TERMS.

Last Updated: March 23, 2017

The following Site and Mobile Application Terms of Use (“Terms of Use”) govern your access to and use of websites (each a “Site”) and mobile applications (each an “App”) owned and operated by Cupre (including its subsidiaries and affiliated companies, “Cupre”), including any content, functionality and services offered on or through such Sites and Apps (collectively, the “Services”). Please note that if you are a cardholder, these Terms of Use are not intended to, and do not, modify or alter the terms of your Cardholder Agreement which governs your use of your prepaid debit card (“Card”). By accessing or using the Site or the Services, whether via computer, mobile device, or other technology, you represent you have read and agree to be bound by these Terms of Use in their entirety and all applicable laws, rules, and regulations governing your use of the Services, and that your use of the Site is legal in your jurisdiction.

Registration; Accounts

As a condition of using certain aspects of the Services, you may be required to register for an account (“Account”). To register for an Account, you will: (1) provide true, accurate and complete information about yourself in the registration form; (2) maintain and promptly update such information; and (3) establish a username and password which you will keep secure. You agree not to provide access to your Account or your user username and password to others. You are solely responsible for protecting the security of your Account on your device. Cupre shall have no liability associated with or arising from your failure to maintain accurate registration information or your failure to properly secure your username and password. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms of Use.

Privacy

You agree that your use of the Services is governed by our Privacy Statement and, if applicable, the Privacy Disclosure applicable to your Card, which explain how we collect, store, share or otherwise use your personal information and non-personal information.

Proprietary Rights; Use of Content
The Services are owned and operated by Cupre or licensors and/or third party service providers (“Suppliers”), and unless otherwise indicated, all designs, text, images, videos, graphics, software, and other content and materials appearing in the Services (collectively, “Content”) are the property of Cupre or its Suppliers, and protected, without limitation, by U.S. and foreign copyright, trademark, and other intellectual property laws. All trademarks, service marks, trade names, logos, and other indicia of origin (collectively, “Marks”) appearing on the Services are the property of Cupre or its Suppliers. You may not make any use of any Content or Marks without the prior written consent of Cupre. No Content from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

If you download one or more of our Apps, Cupre hereby licenses to you, on a revocable, non- exclusive, non-sublicenseable and otherwise non-transferable basis, and subject to these Terms of Use, the limited right to install, access, and use the App on a personal device owned or controlled by you, solely for your own personal, non-commercial use. All rights not expressly granted to you are reserved by Cupre. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, loan, decompile, reverse engineer, disassemble, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from an App, except for the purposes expressly provided herein, without Cupre’s prior written approval.

Your Conduct

In using or accessing the Services you agree: (1) not to use the Services or any of the Content contained herein, for any unlawful or fraudulent purpose; (2) not to “spam” others or “phish” for others’ personal information; (3) not to create or use a false identity; (4) not to disrupt or interfere with the security of, “deeplink,” attempt to obtain unauthorized access to, or otherwise abuse the Services; (5) not to disrupt or interfere with any other user’s enjoyment of the Services; (6) not to use, frame, or utilize framing techniques to enclose any Marks or other proprietary information (including Content); (7) not to use meta tags or any other “hidden text” utilizing a Mark; and (8) not to use the Services in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person’s privacy, violated of any third party proprietary rights, or in violation of any law or regulation.

Third Party Websites and Services

The Services may contain links to third party websites and services over which Cupre has no control. You acknowledge and agree that Cupre does not endorse, verify, or make any representations regarding these third party websites and services and is not responsible for the availability of, and any liability arising from, any such third party websites and services. Cupre is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third party websites and services. It is recommend that you carefully review any terms of use and privacy statement of any linked third party website before providing any information to that website or using its products and services. In addition, if you download an App from a commercial app store operated by a third party (e.g., Google, Apple, or Amazon), you may also be subject to the terms and conditions provided by such third party in connection with your use of the app store.

Termination; Modification

Cupre reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Services, and to block or prevent future access to and use of the Services for any reason. Cupre may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Services, temporarily or permanently, at any time with or without notice to you. You agree that Cupre shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

Disclaimer

CUPRE AND ITS SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SERVICES OR CONTENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUPRE AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES, CONTENT AND ANY THIRD PARTY WEBSITE OR SERVICE. CUPRE AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THIS CONTENT, SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUPRE AND ITS SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Cupre and its Suppliers will not be responsible for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes, or any other occurrences which are beyond Cupre’s or its Suppliers’ reasonable control.

Limitation of Liability

IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CUPRE OR ANY OF ITS SUPPLIERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, ARISING IN CONNECTION WITH: (1) THE SERVICES; (2) YOUR USE OR INABILITY TO USE THE SERVICES OR CONTENT;
(3) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE SERVICES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS, DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE SERVICES; OR (5) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CUMULATIVE LIABILITY OF CUPRE OR ANY OF ITS SUPPLIERS TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LOWER OF THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE SERVICES, OR ONE THOUSAND US DOLLARS ($1,000). IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE SERVICES.

Indemnification

You agree to indemnify, defend and hold harmless Cupre, its Suppliers, and their respective officer, directors, employees, distributors, and contractors from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule, or regulation; (2) your use of the Services or any Content; (3) loss of any data or account information; and (4) any material sent by you to Cupre. You will cooperate as fully and reasonably as required by Cupre in the defense of any claim. Cupre reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Cupre.

Governing Law

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of Florida excluding conflicts of law rules. Any dispute arising from these Terms of Use or the Services shall be resolved in the state or federal courts residing in Tallahassee, Florida and you irrevocably agree to the jurisdiction of such courts. Cupre makes no representation that Content contained on the Services is appropriate or available for use in jurisdictions outside the United States, or that the Terms of Use comply with the laws of any other country.

Export Control

The supply of goods, services and software through the Services is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Services, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements.

Assignment

You will not assign (including without limitation by operation of law, change of control, or otherwise) your rights or licenses to the Services provided under these Terms of Use, either in whole or in part, without the prior written consent of Cupre, and any attempted assignment contrary to the foregoing will be void and have no effect. We may assign all or a portion of our rights under these Terms of Use. Subject to the foregoing, these Terms of Use shall inure to the benefit of each party’s permitted successors and assigns.

Changes to these Terms

These Terms of Use may be amended by posting a new version on our Services, which version will be effective upon posting. If we change these Terms of Use in a material way, we will provide appropriate notice to you. If you do not accept the modified Terms of Use, you may not use any Services and we may terminate your access to the Services. Your continued use of the Site or Services indicates consent with all provisions of this document and all amendments for which you have been provided notice.

Waiver and Severability

No waiver of by Cupre of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cupre to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Contact Us

Cupre Customer Service
P.O. Box 13899
Tallahassee, Florida 32317
support@mycupre.com