PAYSWELL US AND CANADA PRIVACY POLICY

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.

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.

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

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.

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.

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.

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.

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 privacy@payswell.com