Online Privacy & Cookie Policy Statement ("Privacy Policy")

This Privacy Policy was last modified on November 14, 2018.

PLEASE READ THIS PRIVACY POLICY AND THE RELATED TERMS OF USE CAREFULLY BEFORE USING THIS SERVICES. BY USING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 14 BELOW.

Xenial, Inc., and its affiliates and subsidiaries (collectively, "Xenial," "we," "us," "our") recognize the importance of maintaining effective privacy practices. This Privacy Policy explains the data collection and use policies that apply to the websites, mobile applications, email communications, and online services (collectively "Services") that are owned, controlled or provided by Xenial and link to this Privacy Policy page. This Privacy Policy discloses what type of information is collected, the methods used to collect it, how Xenial utilizes the information to better serve all interested parties and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. Your use of the Services indicates that you have read, accepted and unconditionally agreed to the Xenial privacy practices, as outlined in this Privacy Policy and any other applicable terms. The terms and conditions set forth in the applicable agreement for the Services are incorporated herein by this reference. For purposes of this Privacy Policy, personally identifiable information ("PII") is personal information about an individual, such as a first and last name, phone number or email address or other individually identifiable information within the meaning of the Federal Trade Commission's Online Privacy Protection Rule found at 16 CFR 312.2. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.


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1. Information Collection and Use

We collect information from various sources that we use to provide our Services to you, to analyze and improve our Services, and to communicate with you (e.g., to send you updates or notices about our organization, or emails about products or services that we believe may be of interest to you). The PII that we collect and the purpose for our collecting such information is as follows:

  1. Information that you provide to us:  We collect PII that you provide to us when you set up an account with us, use our Services, or communicate with us. For example, if you register for an online account with us, then we may request your PII or as applicable your business information, to complete the registration process, to process transactions, to send you information or promotional offers about our products, to send you promotional offers from third parties that we think may be of interest to you, or to otherwise provide our Services to you. Similarly, if you request information from us through an online contact form (or if you email us), we collect the information you provide (e.g., name, telephone number, email address) so that we can respond to you. Providing us with PII about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Services' features.

  2. Information collected from third parties:  We may collect information about you or your business from third parties in the course of providing our Services to you. For example, we may obtain information from our merchant customers or we may collect information from a school or university about consumers/students to provide services to those consumers/students. For some services, we may also collect information from third parties, such as credit reporting agencies or financial institutions, or other entities with information pertaining to the Services that we are providing to you. In any case where information is collected from a credit reporting agency, a separate authorization shall be obtained from you prior to our collection of that information.

  3. Information collected through technology:  When you visit our websites or mobile applications (or when you use any of our Services) we may collect certain information about your location, usage, computer or device through technology such as cookies (see below for more information on cookies), web beacons, GPS or other tracking/recording tools. The information collected may include, but is not limited to, IP addresses (see below for more information on IP addresses), referring URLs, access times, location, browser types, device types, mobile device identifiers, or information about your interactions with our websites, applications or services (e.g. the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Site). We may use the information described in this paragraph to, among other things, (i) operate our Services, including by remembering information so that you will not have to re-enter it during your visit or the next time you sign in to your account, (ii) identify and protect our customers, (iii) control unauthorized use or abuse of our Services, (iv) provide custom, personalized content and information, which could include advertising, (v) monitor aggregate traffic patterns on our websites and services, (vi) determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail, advertising or promotional announcement or similar service, and (vii) analyze and improve our Services.

We will make reasonable efforts to destroy, erase or make anonymous any PII that is no longer required to fulfill the original purpose for which it was originally collected.

2. Sharing of Information

We do not sell or share your information with third parties outside Xenial and our group of companies (which include any parents, subsidiaries and affiliates), without your consent, except as described below and in this Privacy Policy:

Third Parties Providing Services on Our Behalf: We may share your information with our service providers and business partners (e.g., financial institutions or card brands that issue payment cards or are involved in transaction processing; entities that assist with fraud prevention or collections; merchants that sell gift cards managed through our websites or services; schools; vendors who distribute our marketing and promotional materials), who assist us in providing our Services. We may also share information with our service providers and business partners to help us monitor usage and other analytics regarding our Services, and to help us improve these offerings. When we share your information, including PII, with our service providers and business partners, we only provide the information that these third parties reasonably need to perform their functions.

Third Party Marketing: We may provide information to select outside companies when we believe their products of services may be of interest to you. Those third parties may send you promotional materials in connection with their products or services.

If you opt in to receive communications from a third party, your information will be subject to the third party's privacy policy and not this Privacy Policy. Therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly.

Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-PII include the number of users who visited these Services during a specific time period or purchased a specific product through these Services.

Xenial Security: We may share or disclose your information if we determine, in our sole discretion, that we are required to do so under applicable law or regulatory requirements, or if we reasonably believe disclosure is necessary to prevent harm or financial loss, or in connection with preventing fraud or illegal activity, and/or to enforce our Terms of Use. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Xenial, or any of our respective affiliates, business partners, customers or others.

Corporate Change: We reserve the right to transfer any information we collect in the event we sell or transfer all or a portion of our business or assets (including any shares in the company) or any portion or combination of our products, services, businesses and/or assets. Should such a transaction occur (whether a divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceeding), we will use reasonable efforts to ensure that any transferred information is treated in a manner consistent with this Privacy Policy.

3. Children's Privacy

Xenial's websites, mobile applications and services are intended for use strictly by adults. Xenial does not knowingly solicit or collect PII from children under the age of 13. If Xenial obtains knowledge that it has collected PII from a child under 13 in retrievable form in its files, Xenial will delete that information.

4. Browser Cookies

Like many websites, we may use browser "cookies". Cookies are a website's way of remembering who you are. A cookie is a small text file that is stored on your computer's hard drive or stored temporarily in your computer's memory. There are two kinds of cookies: those that are "session" oriented and those that are "persistent". Session cookies delete from your computer when you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We use cookies to help us to identify account holders and to optimize their experience on our Services. Also, we will use cookies to monitor and maintain information about your use of the Services. Most web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. For example, in the Internet Explorer menu bar, select: Tools -> 'Internet Options' -> Browsing History' -> Delete to view manual and automatic options. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of the Services.

5. Web Beacons

Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif", that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Services, and we may include web beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Services and our marketing campaigns.

6. Use Of IP Addresses

An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from the Services, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Services. We may associate your IP address with the PII you provide.

We also may collect and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

7. Your Choices

Email Communications.  From time to time, we may send you emails regarding updates to our websites, mobile applications or products/services, notices about our organization, information about products/services we offer, or promotional offers from third parties that we think may be of interest to you. If you wish to unsubscribe from such emails, simply click the "unsubscribe link" provided at the bottom of the email communication. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request. Note that you cannot unsubscribe from certain Services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).

In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

Modifying Account Information.  If you have an online account with us, you may have the ability to modify certain information in your account (e.g., your contact information) through "profile," "account," "settings," or "preferences" options provided on the website or service. If you have any questions about modifying or updating any information in your account, please contact us at the email address, postal address, or telephone number provided below.

Cookie and Location Controls.  You may be able to set your Internet browser or mobile device to block cookies or other tracking/recording tools, including cookies associated with our websites or Services, or to indicate when a cookie is being set by us. However, it is important to remember that many of our websites or Services may not function properly if your cookies or location are disabled. We support the Do Not Track browser setting. Do Not Track (or DNT) is a preference you can set in your browser to let the websites that you visit know that you do not want them collecting certain information about you. For information and instructions about how to manage your cookies, refer to your Internet browser's or mobile device's technical information. Further information on how to adjust your cookie preferences through your browser is available at the external, third-party informational website www.allaboutcookies.org.

If you want to opt out of having your PII shared with third parties for marketing purposes, you must consistently opt-out at our Services where you register and whenever you provide PII to us. Please bear in mind that this opt-out choice for "third parties" will not apply to Xenial, Xenial's parents, subsidiaries, and affiliates, Xenial licensees and/or co-branding participants, as set forth below. Please also keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from us, or (b) Xenial uses your PII for either operational purposes (e.g., to complete transactions requested by you, or to send you administrative communications either about your account with us or about features of our Services, including any future changes to this Privacy Policy, or any other policy or terms that affect you and your use of our Services) or fulfillment purposes (e.g., sharing with companies that facilitate communications and transactions with you).

Finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the PII is provided, it may take some time to process your opt-out choices. Our systems require time to update, and promotional mailings using PII shared before your opt-out may already be in process. Thus, your PII might continue to be shared with third parties for promotional purposes for some time after you make your request, For similar reasons, if your PII is shared with a third party, Xenial largely or completely loses control over how that information is used. Thus, even after you have opted out of allowing us to share your PII, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.

8. Data Protection and Storage and Consent to Processing

Xenial maintains reasonable administrative, technical and physical safeguards to protect the confidentiality of information transmitted online, including but not limited to encryption, firewalls and SSL (Secure Sockets Layer). Xenial has implemented policies and practices pursuant to various security rules and regulations relating to the security and safeguarding of payment cardholder data, including the Payment Card Industry Data Security Standards (PCI-DSS). Xenial is not liable for loss of passwords due to user negligence. If you believe your password has been lost or compromised, we recommend that you immediately change your password.

By using our Services, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States. Additionally, we may store and process information in any other country in which Xenial or its parents, subsidiaries, affiliates or service providers maintain facilities. Xenial may transfer information that we collect about you, including PII, to parents, subsidiaries, affiliates, or service providers across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including PII, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Xenial or its parent, subsidiaries, affiliates or service providers maintain facilities and to the use and disclosure of information as described in this Privacy Policy.

No website, internet transmission, computer system or wireless connection is completely secure. Xenial cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Services is at your own risk. Whenever you give Xenial sensitive or confidential information, Xenial will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. Xenial uses an industry standard security protocol for encrypting sensitive information. Unfortunately, no security measures are perfect or impenetrable and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to Xenial and you do so at your own risk.

9. Third-Party Websites and Services

Our websites or Services may provide links to (or links from) third-party websites or services, none of which are governed by this Privacy Policy. To the extent that any linked third-party websites or services you visit are not owned or controlled by Xenial, Xenial does not endorse or sponsor other websites, is not responsible for the privacy practices or the content of non-Xenial sites, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, such other websites and advertisements. We strongly encourage you to review the privacy policies of any site or service before providing any PII.

10. Third Party Advertisements

We may from time to time use various outside ad-serving or other companies to serve advertisements on our Services and/or provide certain technology plug-ins (e.g., third party video and other media players). In the process of serving advertisements or providing the applicable technology, such companies may use cookies and other tracking and analytics technologies, and may use information about your use of their technology and/or your visits to our Services and other sites in order to provide advertisements about products and services that may be of interest to you. By delivering ads on our Services, and using cookies and other tracking and analytics technologies, the ad-server or other third party is able to record what ads a user has seen, what pages or content the user was viewing when the ads were delivered, and other usage information. This usage information may be combined with other ad delivery information the ad-server or other third party has collected from your visits to our Services, your use of their technology and your activity on other websites not affiliated with Xenial. This information is commonly used as part of the ad-serving process for reporting, and to select and direct the ads you see on our Services, on the technology platform you are using and on other websites not affiliated with us.

11. Notice to California Residents/Your California Privacy Rights

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2018 will receive information about 2017 sharing activities). As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, consistently exercise your opt-out choice whenever you provide PII to us or send us a message using the "Contact Us" email address specified in Section 15 of this Policy. You must include this Service as the subject line, and your full name, e-mail address, and postal address in your message. Please see the "Your Choices" section of this Privacy Policy for additional information. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year.

We may allow third-party companies to serve ads and/or collect certain anonymous information when you use our Services. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third party web beacon to collect this information. Our Site does not recognize browser "Do Not Track" signals but several of our service providers who utilize these cookies or beacons on our web sites enable you to opt out of this behavioral advertising. To learn more about how to opt out of the behavioral advertising conducted by these providers you can visit http://www.networkadvertising.org/.

12. Changes to Privacy Policy

We reserve the right to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, from time to time in our sole discretion. We will post changes on this page and indicate the "last modified" date at the top of this page. Please check back often for any updates. For changes to this Privacy Policy that we consider to be material, we will place a notice on the Xenial website located at https://www.xenial.com/privacypolicy/ by revising the link to read substantially as "Updated Privacy Policy" for a reasonable amount of time. Your continued use in any way of our website, mobile application or Services after any change in this Privacy Policy will constitute your unconditional acceptance of such change. The most current version of this Privacy Policy will be available on our website and will supersede all previous versions of this Privacy Policy.

13. Choice of Law

This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the United States, State of Georgia, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.

14. Arbitration

By using the Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Xenial and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the "Xenial Entities") arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Atlanta, Georgia; (4) the arbitrator's decision shall be controlled by the terms and conditions of this Privacy Policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services; (5) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Xenial Entity's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Xenial Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Xenial Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Xenial agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Xenial will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Xenial shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

15. Contact Us

For additional inquiries about this Privacy Policy, please send us an email at help@xenial.com, or send a letter by mail to:

ATTN: Compliance
Xenial, Inc.
3420 Toringdon Way
Charlotte, North Carolina 28277