Privacy Policy

PAYSWELL US AND CANADA PRIVACY POLICY

This Privacy Policy was last updated on: 12/12/2023

Introduction

This Privacy Policy is for residents and persons located within the United States and Canada. For all other visitors, please visit the UK and EU version of our Privacy Policy located here. Please review this Privacy Policy carefully so that you are familiar with how we collect, use, and share your Personal Information (defined below). This Privacy Policy outlines the type of information that we collect and receive from and about you through the Payswell Site and Features (defined ).

Please review this Privacy Policy carefully, especially before providing any Personal Information through the Payswell Site and Features. The Payswell Site and Features are generally operated in and controlled from the United States of America unless otherwise stated.

IF YOU DO NOT WISH TO HAVE US COLLECT, USE, AND SHARE INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE ANY OF THE PAYSWELL SITE AND FEATURES.

Notice of Terms of Use, Including Arbitration: Your use of the Payswell Site and Features is subject to our Terms of Use which includes binding individual arbitration of any disputes which may arise in connection with such use. Please note that your use of the Payswell Site and Features constitutes your express agreement to our Terms of Use, including its arbitration provisions and class action waiver. Please read the Terms of Use—including the arbitration provisions—carefully and do not use any of the Payswell Site and Features if you do not agree to all of the terms and conditions in the Terms of Use.

Payswell, LLC and its Affiliates (defined below) (individually and collectively, “Payswell”, “we”, “our”, or “us”) own and operate the website www.payswell.com and others that may be added from time to (individually and collectively, the “Payswell Site”). This Privacy Policy applies to the Payswell Site and to all of the features, websites, mobile applications, Internet browser extensions, emails, online services, and other functionalities available through or related to the Payswell Site, whether accessed through a computer, mobile device, or other devices you use (each a “Device” and collectively, “Devices”), or otherwise (individually and collectively, the “Payswell Site and Features”). Unless specifically stated, this Privacy Policy only covers information we collect through Payswell Site and Features and does not cover any information we receive or collect offline or that is collected by any unrelated websites, applications, or companies to which we may provide links. Please contact us with any questions regarding this Privacy Policy and our privacy practices as instructed in the Contact Us section of this Privacy Policy below.

Information We Collect Directly

When you visit the Payswell Site and Features, you may share and/or we may automatically collect information that identifies you personally. In this Privacy Policy, “Personal Information” refers to any information that reasonably can be used to identify, contact, or locate you. Examples of Personal Information may include, without limitation, your email address, your phone number, your social media account information, your name, your birthdate, your zip or postal code, and/or your physical address. We also collect, and may create from Personal Information, information about you that is not Personal Information (“Non-PI”). If we combine Personal Information collected through the Payswell Site and Features with other of your Personal Information or with Non-PI, that combined data will be treated as Personal Information subject to this Privacy Policy.

Personal Information and Non-PI may be collected on, through, or in connection with any of the Payswell Site and Features. For example, we may collect Personal Information and/or Non-PI when you create or register for an account with us, fill out surveys, join a mailing list, correspond with us, receive Offers (defined below), choose to submit testimonials, stories, photos or the like, or otherwise volunteer or provide information about . You may also choose to install and use optional Internet browser extensions, add-ons, or similar plug-in software and technologies (each an “Extension” and collectively, “Extensions”) which may collect and use your information in a variety of ways. For example, we may offer from time to time Extensions that allow you to shop directly with our merchant partners and qualify for rewards. The Extensions also provide other features and access to Offers (defined below) and allow you to monitor your earnings, customize your account information or experience, and other activities. If you install an Extension, we will automatically track certain websites you visit to allow us to provide these features and to correlate your browser history, merchant visits, and Payswell Site and Features engagements to provide a better Payswell Site interaction and/or Offers to you. In addition, Tracking Technologies (defined below) may be placed on your Devices when you install and use Extensions or when you click on an affiliate or Ad Networks (defined below) link within a shopping-rewards feature. Your browsing activity on our merchant partners’ websites and other websites you visit may be tracked by cookies, Extensions, or other Payswell Sites and Features having such tracking capabilities. We may also use GPS or similar geo-location technology to determine the geo-coordinates of where you or your Device are located.

If you don’t provide us with or allow us to collect your Personal Information, you may be unable to use some or all the Payswell Site and Features.

You may be able to limit data collection by changing the settings on your Device (but the Payswell Site and Features may lose functionality as a result), or as otherwise explained in the sections below.

Information We Receive from Third Parties

We may also receive and supplement the information we directly collect from or about you with information from third parties, including Trusted Third Parties (defined below), and to the extent it is combined with Personal Information collected through the Payswell Site and Features, it will be governed by this Privacy Policy. If you are on a third-party website or service and you opt-in to receive information from us, the third party may forward to us your email address and other information about you so that we may contact you as requested. In addition, we may receive information from Third-Party Services to ensure that you properly receive any qualified Offers and for our other Data Purposes (defined below). We may also supplement and combine the Personal Information we collect about you with outside records from third parties to enhance our ability to provide you with Offers and for our other Data Purposes, and to the extent it is combined with Personal Information collected through the Payswell Site and Features, it will be governed by this Privacy Policy.

Use and Sharing of Information

We use your Personal Information and Non-PI we collect about you to: (i) provide you with the Payswell Site and Features; (ii) operate and improve the Payswell Site and Features; (iii) provide advertising, content, surveys, location-based deals, special offers, promotions, and other rewards opportunities (individually and collectively, “Offers”); and (iv) for other marketing, administrative, operational, business, and commercial purposes subject to applicable law and not inconsistent with this Privacy Policy or other notice by us at collection (individually and collectively, our “Data Purposes”). We may use and disclose Non-PI for any purpose subject to applicable law and not inconsistent with this Privacy Policy or other notice by us at collection. Without limitation, your Personal Information and Non-PI may be used by itself, aggregated, or combined with unique identifiers (such as Payswell-assigned identifiers, UDIDs, etc.), and shared with (a) our parent companies, subsidiaries, sister companies, trusted agents, and affiliated services that we own and/or operate (“Affiliates”); and (b) our service providers, vendors, advertisers, merchants, survey partners, joint business ventures, and other trusted third parties (collectively, “Trusted Third Parties”) (some of whom may offer Third-Party Services (defined below)), for purposes related to our business, including, without limitation, advertising, attribution, measurement of campaigns, analytics and research, and our other Data Purposes as permitted by applicable law. Notwithstanding the foregoing, no phone number you provide to us or one of our mobile service providers (currently Twilio) for purposes of sending you a link for downloading a mobile app, special offer, a security verification, text (SMS) marketing, or otherwise, will be used or shared with any third party to be used for any other purpose, except as may be permitted or required by law or legal process or with your consent or at your direction.

Community Features and User Content

The Payswell Site and Features may provide you the opportunity to participate in, make available, and/or post text (e.g., questions, comments, and suggestions), images, audio, videos, or other content (collectively, “User Content”) publicly through our blogs, chat rooms, forums, interactive features, public-facing member profile, third-party social networking services, or other communication functionality (“Community Features”). Please note that certain information, such as your username, Payswell Site start date, earning preferences, qualified rewards, profile picture, and other profile information we believe will help motivate you and others to participate in our program may be publicly displayed on the Payswell Site and Features along with User Content. User Content may also contain metadata, which may contain information about or relating to you, that we may also collect, share, and use. Anything posted through Community Features is publicly available. This means that others will have access to that User Content and may use it or share it with third parties; this is beyond our control. If you choose to voluntarily disclose Personal Information in the User Content and/or on the Community Features, that information will be considered publicly available information as well. The protections of this Privacy Policy will not apply to publicly available information. In addition, by posting through our Community Features, you are agreeing that we may use your User Content (and excerpts from your User Content) in connection with our Data Purposes.

Third-Party Services

The Payswell Site and Features contain links to, or otherwise enable the opportunity to interact with (e.g., Facebook or LinkedIn button), other websites and other services provided by Trusted Third Parties (such as when you link to their site to take a survey or transact with them to qualify for rewards) that we do not own, operate, or control (“Third-Party Services”). In addition, because aspects of the Payswell Site and Features include third-party Offers, Third-Party Services may collect your information based on your interaction with those Offers, including through Tracking Technologies (defined and discussed below). Also, by interacting with Offers through the Payswell Site and Features, you authorize and direct us to share your Personal Information and Non-PI with Third-Party Services making Offers and for them to share Offer-related activity data and other information with us. This helps us and them make and fulfill Offers, including making it easier for you to sign up for Offers, facilitating your communications or transactions with them, authenticating and/or validating your identification, crediting you with any qualified rewards, and for our other Data Purposes. Except as legally required for our service providers, the privacy and other practices of Third-Party Services are not covered by this Privacy Policy, and we are not responsible for their privacy or other practices. We encourage you to be aware of and to read the privacy statements, terms of service, and similar disclosures and conditions of Third-Party Services that collect Personal Information or other data before visiting or otherwise interacting with those services.

For more information on Third-Party Services, see sections 7 (Advertising Networks), 9 (Session Replay and Analytics Companies), and 10 (Social Media Features) of this Privacy Policy.

Advertising Networks

Companies that host networks connecting advertisers with delivery platforms for digital advertising (individually and collectively, “Ad Networks”), which are Third-Party Services, may provide advertising based on your interests, as reflected in your use of the Payswell Site and Features, as well as your use of other websites and services. Some of these Ad Networks may place persistent cookies or other Tracking Technologies (defined below) on your Devices, allowing them to recognize you and/or your Device each time they send you an online advertisement. Ads themselves may also include Tracking Technologies. In this way, Ad Networks may compile information about where you see advertisements online and determine which ads you click on, so, for instance, that we and they may provide you with Offers or advertisements believed to be of most interest to you. We are not the data controller for the cookies or other Tracking Technologies that may be placed by these third parties on your Devices, nor do we have responsibility for these third parties’ privacy policies or information collection practices. You may limit or remove such cookies and Tracking Technologies through your Device settings; for more information, visit section 9(b) (What Are My Cookie Choices?) below.

Session Replay and Analytics Companies

We use certain third-party analytics and/or other technology providers to help us understand how you use the Payswell Site and Features, and these companies may set their own cookies and other Tracking Technologies on your Devices. For example, we may use third-party services to record and review your interactions with the Payswell Site and Features, including mouse movements, clicks, page visits, keystrokes/key touches, and other details, including any Personal Information that you provide. These “session replay” services help us organize and analyze your interaction data for our Data Purposes, including to improve and prevent fraud related to the Payswell Site and Features. By using any of the Payswell Site and Features, you expressly consent to the recording and sharing of your Personal Information and other data with third-party “session replay” services and other analytics providers.

We may also use Google Analytics and similar third-party analytics providers to track visitors’ activity on our website. Google Analytics and similar third-party analytics providers may also use web browsing data and other data analysis to improve their own products. For more information on how to limit this activity, including to learn about the opt-out mechanism Google offers, visit section 9(b) (What Are My Cookie Choices?) below. These and other Trusted Third Parties may collect information about you, including but not limited to your online activities over time and across different websites and services, when you use the Payswell Site and Features or other online websites and services.

Cookies and Tracking Technologies

Use of Cookies and Tracking Technologies

We set and access, and third parties (including Trusted Third Parties) may set and access, cookies, web beacons, embedded scripts, pixels, tags, software development kits (“SDKs”), session replay tools, and other tracking technologies (collectively, “Tracking Technologies”) on your Devices in connection with your use of Payswell Site and Features. Such third parties (“Cookie Operators”) may collect information across various channels using Tracking Technologies for purposes of delivering more relevant Offers to you or other Business Purposes. We may use a variety of Tracking Technologies in connection with our Data Purposes. Tracking Technologies may automatically capture Personal Information and other information, including, without limitation, your IP Address, UDID, and browser or operating system type and version, and may detect whether your Device or software has certain capabilities such as a microphone or webcam access. We and Third-Party Services generally use Tracking Technologies and the information they generate to support the Payswell Site and Features or Third-Party Services, including, for instance: (i) by offering you surveys and other targeted Offers; (ii) for identity verification; (iii) for analytics; (iv) to ensure compliance with our programs; and (v) to identify and honor your choices (such as opt-outs). Tracking Technologies may also be used as follows: (A) to provide you with convenience when you access the Payswell Site and Features by remembering that you have visited us before and by remembering your username, password, and other user information, and your preferences to help you avoid future re-entry of certain information; (B) to allow us and Third-Party Services to understand or predict your interests so we and they can personalize your experience on the Payswell Site and Features and elsewhere online, across Devices, web browsers, email, and mobile and other applications (and, in doing so, we and Third-Party Services may link the information collected from Tracking Technologies, and from other sources, with other of your Personal Information and Non-PI, and we and they may track your web-browsing and other activity in order to provide you with Offers and for our or their other Data Purposes); (C) for analytical and statistical purposes, quality control, and validation and verification purposes, and to improve the services we and Third-Party Services offer; and (D) Third-Party Services may link the information we share with them (or that they collect) to cookies stored on your browser or Devices, and they may collect information such as your IP address, UDID, browser or operating system type and version, and demographic or inferred-interest information. Third-Party Services may use this information to recognize you across different channels and platforms, including but not limited to, computers, mobile devices, and smart TVs, over time for advertising, analytics, attribution, and reporting purposes. For example, Third-Party Services may deliver an advertisement to you in your web browser based on a purchase you made in a physical retail store, or they may send a personalized marketing email to you because you visited a particular website. Our mobile applications may include Tracking Technologies that share your Device’s precise geo-location and other details about your Device (like hardware characteristics, a variety of sensor data, and a list and history of installed third-party applications) with Third-Party Services who may use this information to generate Offers for you, for advertising, attribution, measurement of campaigns, analytics, and research, and their or our other Data Purposes. See instructions to limit or disable such tracking in section 9.b. below, but please be aware that limiting such tracking will affect some Device or mobile application functionality and may limit your ability to use the Payswell Site and Features, complete Offers, and earn rewards

What Are My Cookie Choices?

Cookies may include a small data file which is stored on your systems. We use both session cookies and persistent cookies. For the session cookies, once you close your browser, the cookie terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Persistent cookies can be removed or disabled by following your web browser help-file directions.

You can exercise control over browser-based cookies by adjusting the settings on your browser, and mobile Devices may offer ad and data limitation choices. Please note that when you use cookie control tools, you will have to change your settings for each browser and Device you use, and your limitation on cookies can limit the functionality of online services you use, including the Payswell Site and Features. Use the help function on your browser or click on the applicable links below to learn more:

• Google Chrome
• Firefox
• Internet Explorer
• Edge
• Safari

If you block cookies in this manner, the Payswell Site and Features (including the ability to complete Offers and earn rewards) may not operate as intended.

One use of cookies is interest-based advertising, which uses your activity information to help provide you with more relevant Offers. To learn more about internet-based advertising in general, and exercise certain opt-outs that some Ad Networks provide, which may include use of geo-location, cross-device data-directed, and/or “audience matched advertising” ads, please visit the following ad industry self-regulatory resources:

We support these self-regulatory programs and expect the Ad Networks we work with to do so as well. If you’d like to opt-out of being tracked by Google Analytics, simply install this add-on to your browser: https://tools.google.com/dlpage/gaoptout.

We are not responsible for the completeness, accuracy, or effectiveness of any third-party cookie-choice programs or tools. If you exercise these choice controls, they may need to be compiled on each browser and Device you use, and, if they use a cookie to signal your opt-out, your choice may no longer be recognizable if you later clear or block cookies. Not accepting cookies (or opting out of cookies), installing ad blocking technologies, and/or disabling analytics providers may make certain features of the Payswell Site and Features unavailable to you and may affect our ability to validate whether you qualified for a reward by successfully completing an Offer.

Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. At present, we do not believe that there is a consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a user’s browser. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.

Social Media Features

Certain functionality on the Payswell Site and Features may permit interactions that you initiate between the Payswell Site and Features and third-party social media services (“Social Media Services”) such as Facebook and LinkedIn (“Social Media Features”). Examples of Social Media Features include enabling you to “like” or “share” content from the Payswell Site and Features with Social Media Services; to log-in to the Payswell Site and Features using your username and password for Social Media Services; to transmit content to or from the Payswell Site and Features to or from your account on Social Media Services; and to otherwise connect the Payswell Site and Features to Social Media Services. Enabling or interacting with Social Media Features may also set one or more cookies or other Tracking Technologies on your Devices. Please refer to the terms of use and privacy policies of such Social Media Services offering such Social Media Features. If you choose to use Social Media Features, information you post or provide access to may be shared with and publicly displayed on the Payswell Site and Features or on such Social Media Services. Similarly, if you post information on a Social Media Service that references any of the Payswell Site and Features (e.g., by using a hashtag associated with any of the Payswell Site and Features in a post or status update), your post may be published on the Payswell Site and Features in accordance with the terms of the Social Media Services and our Term of Use. In addition, we may receive information about you if other users of a Social Media Service give us access to their profiles and you are one of their “friends” or “connections” or information about you is otherwise accessible through your friends’ or connections’ web pages, profile pages, groups you or they belong to, or similar pages on such Social Media Services.

The information we collect in connection with Social Media Features is subject to this Privacy Policy. The information collected by any Social Media Service through its Social Media Features remains subject to its privacy practices, including whether it continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on such Social Media Service.

Disclosure of Data

In addition to the types of disclosure and sharing of data described throughout this Privacy Policy, we may disclose your Personal Information and Non-PI as described in this section. We may disclose your Personal Information and Non-PI when required by law or where we have a good-faith belief that such action is necessary to comply with a judicial or administrative proceeding, a criminal investigation, a court order, or legal process served on us. We may also share your Personal Information and Non-PI at the request of governmental authorities conducting an investigation, or if we in our sole discretion believe there to be a credible situation that requires us to investigate, prevent, or take action regarding illegal activities, suspected fraud or abuse, situations involving potential threats to the physical safety of any person, or violations of our Terms of Use or Privacy Policy for any of the Payswell Site and Features. We may also use IP addresses, UDID, or other Device activity or session identifiers to identify users, and we reserve the right (in our sole discretion) to do so in cooperation with Third-Party Services, as well as copyright owners, Internet service providers, wireless service providers, or law enforcement agencies, without notice to you. We may also share your Personal Information with Third-Party Services in connection with their performance of services to, or on behalf of, the Payswell Site and Features (and vice versa) and for our Data Purposes. In addition, if you use our mobile applications, we may share your current geo-location with Third-Party Services so that we or they may provide you with Offers based on your location, for our Data Purposes, and for advertising, attribution, measurement of campaigns, analytics, and research. Please see section 13 Updating Your Information, Choice, and Opt-Out below for information about how you can opt out of such sharing.

We may share or sell aggregate or individualized information about you that may include, without limitation: (a) your Personal Information and related information; (b) your use of the Payswell Site and Features; (c) Third-Party Services and other websites you visit; and (d) your geo-location and information derived therefrom. We share this information with Trusted Third Parties for the purpose of providing you with Offers and for our Data Purposes.

Business Transactions

In the event we or any of our Affiliates is involved with a business transition, such as a financing, merger, consolidation, restructuring, acquisition by another company, sale or assignment of rights or assets (or a portion thereof), or other company change, we may transfer your and other users’ information, including Personal Information and Non-PI, and other business data in connection with that business transaction (e.g., to a subsequent owner or operator of the Payswell Site and Features, or any affiliates, agents, service providers, or partners of the foregoing), including during the course of any due diligence process (collectively, “Business Transactions”).

Updating Your Information, Choice, and Opt-Out

You are responsible for maintaining the accuracy of any information you submit to us, such as your contact information. If you have any questions about updating your information, privacy choices, and/or opting out of certain programs, services, and data activities, please visit section 18 (Contact Us) below for more information and instructions to contact us. You may opt out of receiving marketing emails by: (a) following the opt-out instructions provided to you in those emails; (b) visiting your profile settings on the relevant Payswell Site and Features; or (c) contacting us as provided in section 18 (Contact Us) below. Please note that as long as you remain registered with or a user of any of the Payswell Site and Features, even if you opt out of marketing emails, you may still receive administrative and transactional emails, such as notices about service and status updates and changes to our Terms of Use or Privacy Policy. If you sign up to receive text (SMS) messages from the Payswell Site and Features, you may unsubscribe from any text SMS messages received by replying “STOP”. You may remove or disable cookies and/or opt out of interest-based advertising as described above in section 9.b. (What Are My Cookie Choices?), and you may clear your browser history in accordance with the system settings of your web browser. You may also opt out of providing your geo-location information to us by turning off the location services for your Device located in your account settings (if available) or in your Device settings. If you do not want our mobile applications to collect any Personal Information or Non-PI about you, you should uninstall the application using the standard uninstall procedures that may be available as part of your mobile Device or through the mobile application marketplace or network where you obtained the mobile application.

Notification of Privacy Policy Updates

We reserve the right to make changes to this Privacy Policy from time to time through updates. If we decide to make an update with material changes to this Privacy Policy, we will provide notice of the update by sending you an administrative email and/or posting links to the updated Privacy Policy in places on the Payswell Site and Features deemed appropriate by us to make our users aware of what Personal Information and other information we collect, how we use it, and under what circumstances it may be shared with others. Your continued use of any of the Payswell Site and Features after delivery of the administrative email to you or after the update links are posted constitutes your acceptance of the updated Privacy Policy. If you do not accept the changes, please immediately discontinue your use of the Payswell Site and Features and close your account with us.

Children’s Privacy

The Payswell Site and Features are for general audiences, and we do not knowingly collect any personal information (as defined by the federal Children’s Online Privacy Protection Act (“COPPA”)) from children younger than the age of 13. If you are under the age of majority (18 in most states and provinces), you should use the Payswell Site and Features only with the permission and guidance of your parent or guardian. If you are under the age of 13, you should not use the Payswell Site and Features. If we learn that we have inadvertently collected personal information from a child younger than 13 years of age, we will take actions as required by COPPA.

Security

We maintain security measures in place to help protect against the loss, misuse, and alteration of the Personal Information and other information under our control. Please be advised, however, that the Internet and other technologies and communication channels are, by their nature, not entirely secure, and your Personal Information and Non-PI may therefore be subject to interception or loss which is beyond our reasonable control. While we strive to protect your Personal Information and Non-PI, we cannot ensure or warrant the security of any Personal Information or Non-PI you transmit to us or that we otherwise collect, and any transmission is done at your own risk. Accordingly, as permitted by applicable law, we assume no responsibility or liability for disclosure of your Personal Information or Non-PI due to errors in transmission, unauthorized third-party access, or other causes beyond our reasonable control.

Location of Processing and Applicable Law

Although we generally maintain our user data in the United States, it is possible that some of the data processing may occur outside of the United States, carried out by companies or individuals under contract with us. While the data protection laws of these countries may vary, we will make every reasonable effort to protect your Personal Information in accordance with this Privacy Policy. By using the Payswell Site and Features, you consent to this transfer of your Personal Information and Non-PI to any server used by us or our service providers from time to time.

If you are not a resident of the United States or Canada, please be aware that data protection laws in the United States and Canada (as well as the legal procedures for courts, governmental authorities, and parties in civil litigation to obtain access to our user data) may differ substantially from the laws and procedures in your country of residence. In addition, if you submit your Personal Information to us, you are consenting to the processing, storage, use, and transfer of that Personal Information within the United States as provided in this Privacy Policy.

The interpretation and application of this Privacy Policy shall be governed by the laws of the United States and the State of Delaware without regard to its conflict of law provisions. Except as otherwise expressly provided in our Terms of Use, your use of the Payswell Site and Features are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States and the State of Delaware.

Contact Us

If you have a privacy concern or a request regarding your Personal Information and/or our privacy practices, please submit a request through our support feature in the Payswell Site and Features or contact us by email at [email protected]