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Visa Reward Card for Small Business Card Holder Agreement

E-Sign Disclosure

This E-Sign Disclosure and Consent applies, to all Communications for any Account offered through www.giftcards.com/rewardcard, that is not otherwise governed by the terms and conditions of an electronic disclosure and consent.

The words “we,” “us,” and “our” refer to Pathward, N.A.,  Member FDIC, with whom you have your Account, and the words “you” and “your” mean you, the individual(s) or entity identified on the Account(s). As used in this Disclosure, “Account” means the account you have with us. “Communication” means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing.

1. Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:

  • All legal and regulatory disclosures and communications associated with the product or service available through giftcards.com/rewardcard for your Account
  • Notices or disclosures about a change in the terms of your Account or associated payment feature and responses to claims
  • Privacy policies and notices

2. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a web site that we generally designate in advance for such purpose.
 

3. How to Withdraw Consent. You may withdraw your consent to receive Communications electronically by contacting Customer Service at 877-944-3822 or writing to us at GiftCards.com ATTN: SMB Reward Card Program, 10615 Professional Circle, Suite 102; Reno NV 89521. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Communications; however your access and use of www.giftcards.com/rewardcard may be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. If you withdraw your consent and we have your name and address, we will mail paper versions of all Communications to you at no additional cost. If you have withdrawn your consent and wish to receive electronic Communications again in the future, you may do so by contacting Customer Service at 877-944-3822 or writing to us at GiftCards.com ATTN:  SMB Reward Card Program, 10615 Professional Circle, Suite 102; Reno NV 89521.
 

4. How to Update Your Records. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through www.giftcards.com/rewardcard or by contacting us at 877-944-3822.

5. Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have:

  • an internet browser that supports 128 bit encryption;
  • sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
  • an e-mail account with an internet service provider and e-mail software in order to participate in our electronic Communications programs;
  • a personal computer (for PC’s: Pentium 120 MHz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor: 120-MHz Base or higher), operating system and telecommunications connections to the internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above.

6. Requesting Paper Copies. We will not send you a paper copy of any communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact Customer Service at 877-944-3822 or write to us at GiftCards.com ATTN: SMB Reward Card Program, 10615 Professional Circle, Suite 102; Reno NV 89521. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

7. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.
 

8. Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
 

9. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
 

10. Consent. By purchasing or using a card or Account from this site, you hereby give your affirmative consent to provide electronic Communications to you as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address at which we may send electronic Communications to you.

5% Back Terms and Conditions*

When you shop at participating merchants, the Award Sponsor will add a certain percentage (up to 5%) of your purchase amount (including sales tax) to your Card balance. Visit www.giftcards.com/gift-cards-cash-back for a list of participating merchants and the money back percentage award offered by each merchant. The Award Sponsor will calculate earnings on a purchase‑by‑purchase basis and will round earnings amounts to the nearest whole cent (with amounts below half a cent being rounded down and amounts of half a cent or more being rounded up). Earnings generally will be added to your Card balance within 48 hours of the transaction posting.

You can continue to earn money back until the balance on your Card is less than 10 cents. At that point, you will stop earning money back (because 5% of an amount less than 10 cents is less than half a cent, and the Award Sponsor rounds earnings to the nearest whole cent).

If you return an item on which you earned money back, the Award Sponsor reserves the right to deduct the money you earned from your Card balance.

* The 5% Back Bonus offer is provided by the Award Sponsor and is not provided or endorsed by Pathward or Visa®.

Visa Reward Card Cardholder Agreement

Important Notice

CUSTOMER SERVICE CONTACT INFORMATION:
SMB Reward Card Program
10615 Professional Circle, Suite 102; Reno NV 89521 (“Notice Address”)
www.giftcards.com/rewardcard (“Website”)
877-944-3822 (“Toll-Free Customer Service Number”)

IMPORTANT NOTICES:

  • THIS CARD HAS BEEN ISSUED FOR LOYALTY, AWARD, OR PROMOTIONAL PURPOSES. YOU ARE AN AUTHORIZED USER OF THE CARD.  THE FUNDS HAVE BEEN MADE AVAILABLE TO YOU PURSUANT TO A CONDITIONAL OFFER BY THE CORPORATE SPONSOR, AND YOU DO NOT HAVE ANY RIGHTS OR OWNERSHIP OF THE FUNDS BEYOND THE AUTHORIZED USE OF THE CARD PROVIDED FOR IN THIS AGREEMENT.
  • ANY FUNDS REMAINING AFTER EXPIRATION WILL NOT BELONG TO YOU OR BE AVAILABLE TO YOU FOR ADDITIONAL USE.
  • PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (“DISPUTE CLAUSE” SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
  • ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE ON THE CARD. MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE THE CARD BALANCE.
  • BY ACCEPTING, SIGNING, OR USING THIS CARD, YOU AGREE TO THESE TERMS.
    -

    Fees and Expiration Dates associated with the Card

    The Card will expire when the “Valid Thru” date identified on the front of the Card has passed.  The funds on the Card will not be available after expiration, so you should use the funds prior to the “Valid Thru” date on the front of the Card.

    Replacement Card Fee: $5

    Foreign Transaction Fee: 3% of the transaction amount (see Section 2.b, “Foreign Transactions,” for additional information)

    This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which the Visa Reward Card has been issued to you.  In this Agreement, "Card" means the Visa Reward Card issued to you by Pathward®.  "You" and "your" means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement.  "We," "us," and "our" mean Pathward, our successors, affiliates or assignees.  “Corporate Sponsor” means the manufacturer, retailer, distributor, or marketer of the Card.  The Card will remain the property of Pathward and must be surrendered upon demand.  The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law.  Please read this Agreement carefully and keep it for future reference.

    1. ABOUT THE CARD

    The Card is a prepaid card that has been provided pursuant to a conditional offer, and as a gratuity without the payment of any monetary value or consideration.  The Card allows you to access funds on the Card provided all conditions of the offer have been met.  The funds accessible by use of the Card have been provided by and belong to the Corporate Sponsor of the product or service that you purchased, not by the issuer of the Card.  The Corporate Sponsor is fully responsible for ensuring funds are available to be loaded to the Card.  Your failure to activate and use the Card results in the loss of all right, title and interest in the Card and the underlying funds.  You do not have the ability to add funds to the Card.  The Card is not a gift card, nor is it intended to be used for gifting purposes.  You should treat the Card with the same care as you would treat cash.  The Card account does not constitute a checking or savings account and is not connected in any way to any other account you may have.  The Card is not a credit card.  You will not receive any interest on the funds in the Card account.  You may register the Card by visiting the Website at www.giftcards.com/rewardcard or calling the Toll Free Customer Service Number at 1-877-944-3822.

    2.     USING THE CARD

    a. Accessing Funds and Limitations
    You may use your Card to obtain goods or services everywhere Visa debit cards are accepted. Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. If the Card has not been registered or you do not supply the address currently on file for the Card, you may not be able to complete certain online, mail, or telephone purchases.  If you wish to make such a transaction, you will need to visit the Website or call the Toll‑Free Customer Service number to register the Card.

    Your Card cannot be:

    • redeemed for cash;
    • used to obtain cash in any transaction;
    • used for illegal transactions; or
    • used for purchases where recurring payments may occur, such as subscriptions, memberships, rentals, etc.

    For security reasons, we may limit the amount or number of transactions you can make on your Card. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

    b.     Foreign Transactions
    Foreign Transaction Fee:      If you obtain funds (or make a purchase) in a currency or country other than the currency or country in which the Card was issued (“Foreign Transaction”), the transaction will be converted to U.S. Dollars in accordance with the Currency Conversion process below, and you will be charged a fee equal to 3% of the total amount of the transaction in U.S. Dollars.  The card association may consider transactions occurring in U.S. territories to be Foreign Transactions, so transactions originating from these locations may be subject to Foreign Transaction Fee.  If you return an item for credit in a Foreign Transaction, we will not refund any Foreign Transaction Fee that may have been charged on your original purchase.

    c.     Personal Identification Number (“PIN”) 
    If you wish to make PIN debit purchases, you may obtain a PIN by visiting the Website at www.giftcards.com/rewardcard. Cards are not accepted at ATMs and cannot be used to obtain cash in any purchase transaction. You should not write or keep your PIN with your Card.  Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious.  If you believe that there has been unauthorized access to your PIN, you should advise us immediately, following the procedures in the section labeled “Unauthorized Transactions.”
     

    d.     Obtaining Card Balance Information
    You should keep track of the amount of value loaded on the Card.  You may obtain information about the amount of money you have remaining in the Card account at no charge by contacting Customer Service.  This information, along with a 60-day history of account transactions, is also available online by visiting our Website.  You also have the right to obtain a sixty (60) day written history of account transactions by contacting Customer Service.
     

    e.     Authorized Users
    Until you sign, you may present the Card to another person.  If you do provide access to your Card or Card number, you are liable for all transactions made with the Card or Card number by those persons.  You must notify us to revoke permission for any person you previously authorized to use Card information or have access to your account.  You are responsible for all transactions and fees incurred by you or any other person you have authorized.
     

    f.      Authorization Holds
    You do not have the right to stop payment on any purchase transaction originated by use of your Card.  With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses.  Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase.  Once the final payment amount is received, the preauthorization amount on hold will be removed.  During this time, you will not have access to preauthorized amounts.  If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.
     

    g.     Returns and Refunds
    If you are entitled to a refund for any reason for goods or services obtained with the Card, the return and refund will be handled by the merchant.  If the merchant credits the Card, the credit may not be immediately available.  While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.

    h.     Receipts
    You may wish to retain receipts as a record of transactions.  Receipts will be required if you need to verify a transaction.
     

    i.      Split Transactions and other uses
    If you do not have enough funds available in your Card account, you may be able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment.  These are called “split transactions.”  Some merchants do not allow cardholders to conduct split transactions.  Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.

    If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself.  Payment processing terminals at gas stations may vary. In general, the best way to use a card at a gas station is to pay inside. Tell the attendant to only charge the amount you specify.


    YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE ON YOUR CARD.  If you attempt to use the Card when there are insufficient funds associated with it, the transaction will generally be declined.  Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction.
     

      3. REPLACEMENT CARD

      Please report any lost/stolen Cards immediately by calling Customer Service at 877-944-3822. If funds remain on your Card and the “valid thru” date has not passed, we will send you a replacement Card. Upon contacting us for any lost/stolen card, your funds will be temporarily unavailable until you activate your replacement Card. If your Card is lost or stolen, and you call for a replacment Card, you may be charged a Replacement Card Fee, as noted in the Fee Chart above.  A reissued Card may take up to 30 days to process.

      4. BUSINESS DAYS

      For purposes of these disclosures, our business days are Monday through Friday, excluding holidays.

      5. UNAUTHORIZED TRANSACTIONS

      If you believe the Card has been lost or stolen or an unauthorized transaction has been made using the information from the Card without your permission, contact Customer Service IMMEDIATELY.  We will ask for the Card number and other identifying details.  We cannot assist you if you do not have the Card number.  We reserve the right to investigate any claim you may make with respect to a lost or stolen Card or unauthorized transaction, and you agree to cooperate with such investigation.  We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction.  We will charge a fee of $5 as noted in the fee table above (subject to applicable law) to replace any lost/stolen Card, which will be deducted from the balance on the Card.  A reissued Card may take up to 30 days to process.

      6. LIMITATION OF LIABILITY

      We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with the Card.  Further, we will not be liable to you or any other person:
       

      • If, through no fault of ours, you do not have enough funds available in the Card account to complete the transaction;
      • If a merchant refuses to accept the Card;
      • If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
      • If access to the Card has been blocked after you reported the Card lost or stolen;
      • If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
      • For any other exception stated in our Agreement with you.

        7. OTHER TERMS

        The Card and your obligations under this Agreement may not be assigned.  We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice).  If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.  This Agreement will be governed by the laws of the state of South Dakota except to the extent governed by federal law.  Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.  Closing the Card will not entitle you to any of the remaining funds.

          8. TELEPHONE MONITORING/RECORDING

          We may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

            9. AMENDMENT AND CANCELLATION

            We may amend or change the terms of this Agreement at any time, subject to applicable law.  You will be notified of any change in the manner required by applicable law.  However, if the change is made for security purposes, we can implement such change without prior notice.

              10. ENGLISH LANGUAGE CONTROLS

              Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning.  The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

                11. WAIVER OF RIGHT TO TRIAL BY JURY

                YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT.  THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE DISPUTE CLAUSE SET FORTH IN THE FOLLOWING SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.

                  12. DISPUTE CLAUSE

                  We have put this Dispute Clause in question and answer form to make it easier to follow. However, this Dispute Clause is part of this Agreement and is legally binding.

                    Background and Scope

                    Question

                    Short Answer

                    Further Detail

                    What is arbitration?

                    An alternative to court

                    In arbitration, a third-party arbitrator (“Arbitrator”) solves Disputes in an informal hearing.

                    Is it different from court and jury trials?

                    Yes

                    The hearing is private. There is no jury. It is usually less formal, faster and less expensive than a lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration awards.

                    Can you opt-out of this Dispute Clause?

                    Yes, within 60 days

                    If you do not want this Dispute Clause to apply, you must send us a signed notice within 60 calendar days after you purchase the Card. You must send the notice in writing (and not electronically) to our Notice Address, Attn: General Counsel. Provide your name, address and Card number. State that you “opt out” of the dispute clause.

                    What is this Dispute Clause about?

                    The parties' agreement to arbitrate Disputes

                    Unless prohibited by applicable law and unless you opt out, you and we agree that you or we may elect to arbitrate or require arbitration of any "Dispute" as defined below.

                    Who does the Dispute Clause cover?

                    You, us and certain "Related Parties"

                    This Dispute Clause governs you and us. It also covers certain "Related Parties": (1) our parents, subsidiaries and affiliates; (2) our employees, directors, officers, shareholders, members and representatives; and (3) any person or company that is involved in a Dispute you pursue at the same time you pursue a related Dispute with us.

                    What Disputes does the Dispute Clause cover?

                    All Disputes (except certain Disputes about this Dispute Clause)

                    This Dispute Clause governs all “Disputes” that would usually be decided in court and are between us (or any Related Party) and you. In this Dispute Clause, the word “Disputes” has the broadest reasonable meaning. It includes all claims even indirectly related to your Card or this Agreement. It includes claims related to the validity in general of this Agreement. However, it does not include disputes about the validity, coverage or scope of this Dispute Clause or any part of this Dispute Clause. (This includes a Dispute about the rule against class arbitration.) All such disputes are for a court and not an Arbitrator to decide.

                    Who handles the arbitration?

                    Usually AAA or JAMS

                    Arbitrations are conducted under this Dispute Clause and the rules of the arbitration administrator in effect when the arbitration is started. However, arbitration rules that conflict with this Dispute Clause do not apply. The arbitration administrator will be either:

                    ·   The American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org.

                    ·   JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org

                    ·   Any other company picked by agreement of the parties.

                    If all the above options are unavailable, a court will pick the administrator. No arbitration may be administered without our consent by any administrator that would permit a class arbitration under this Dispute Clause. The arbitrator will be selected under the administrator's rules. However, the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you and we otherwise agree.

                    Can Disputes be litigated?

                    Sometimes

                    Either party may bring a lawsuit if the other party does not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court.  However, we may demand arbitration of any appeal of a small-claims decision or any small-claims action brought on a class basis.

                    Are you giving up any rights?

                    Yes

                    For Disputes subject to this Dispute Clause, you give up your right to:

                    1.   Have juries decide Disputes.

                    2.   Have courts, other than small-claims courts, decide Disputes.

                    3.   Serve as a private attorney general or in a representative capacity.

                    4.   Join a Dispute you have with a dispute by other consumers.

                    5.   Bring or be a class member in a class action or class arbitration.

                    We also give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate.

                    Can you or another consumer start a class arbitration?

                    No

                    The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Dispute Clause must be decided in an individual arbitration or an individual small-claims action. This Dispute Clause will be void if a court rules that the Arbitrator can decide a Dispute on a class basis and the court's ruling is not reversed on appeal.

                    What law applies?

                    The Federal Arbitration Act (“FAA”)

                    This Agreement and the Cards involve interstate commerce. Thus, the FAA governs this Dispute Clause. The Arbitrator must apply substantive law consistent with the FAA. The Arbitrator must honor statutes of limitation and privilege rights. Punitive damages are governed by the constitutional standards that apply in judicial proceedings.

                    Will anything I do make this Dispute Clause ineffective?

                    No

                    This Dispute Clause stays in force even if: (1) you or we end this Agreement; or (2) we transfer or assign our rights under this Agreement.

                    Process

                    Question

                    Short Answer

                    Further Detail

                    What must a party do before starting a lawsuit or arbitration?

                    Send a written Dispute notice and work to resolve the Dispute

                    Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and not electronically) to our Notice Address, Attn: General Counsel. You or an attorney you have personally hired must sign the notice and must provide the Card number and a phone number where you (or your attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an individual basis.

                    How does an arbitration start?

                    Mailing a notice

                    If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to the terms of this Dispute Clause. To start an arbitration, the complaining party picks the administrator and follows the administrator's rules. If one party begins or threatens a lawsuit, the other party can demand arbitration. This demand can be made in court papers. It can be made if a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop.

                    Will any hearing be held nearby?

                    Yes

                    The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing must be held at a place reasonably convenient to you.

                    What about appeals?

                    Very limited

                    Appeal rights under the FAA are very limited. The Arbitrator’s award will be final and binding. Any appropriate court may enter judgment upon the arbitrator's award.

                    Arbitration Fees and Awards.

                    Who bears arbitration fees?

                    Usually, we do.

                    We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith, cannot get a waiver of such fees and ask us to pay.

                    When will we cover your legal fees and costs?

                    If you win

                    If you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts and witnesses. We will also pay these amounts if required under applicable law or the administrator's rules or if payment is required to enforce this Dispute Clause. The Arbitrator shall not limit his or her award of these amounts because your Dispute is for a small amount.

                    Will you ever owe us for arbitration or attorneys' fees?

                    Only for bad faith

                    The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); and (2) this power does not make this Dispute Clause invalid.

                    Can an award be explained?

                    Yes

                    A party may request details from the Arbitrator, within 14 days of the ruling.  Upon such request, the Arbitrator will explain the ruling in writing.

                    This Card is issued by Pathward, Member FDIC, pursuant to a license from Visa U.S.A. Inc.

                    5501 S. Broadband Lane

                    Sioux Falls, SD  57108

                    For Customer Service Inquiries:

                    Customer Service

                    ATTN:  SMB Reward Card Program

                    10615 Professional Circle, Suite 102

                    Reno NV 89521

                    877-944-3822

                    www.giftcards.com/rewardcard

                    © 2016-2017 Pathward

                    PRIVACY

                    METABANK PRIVACY POLICY

                    Rev. 03/2016

                    -

                    FACTS

                    WHAT DOES METABANK DO WITH YOUR PERSONAL INFORMATION?

                    Why?

                    Financial companies choose how they share your personal information.  Federal law gives consumers the right to limit some but not all sharing.  Federal law also requires us to tell you how we collect, share, and protect your personal information.  Please read this notice carefully to understand what we do.

                    What?

                    The types of personal information we collect and share depend on the product or service you have with us.  This information can include:

                    1. Social Security number and Income

                    2. Account balances and Transaction history

                    3. Credit history and Assets

                    When you are no longer our customer, we continue to share your information as described in this notice.

                    How?

                    All financial companies need to share customers’ personal information to run their everyday business.  In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Pathward chooses to share; and whether you can limit this sharing.

                    Reasons we can share your personal information

                    Does Pathward share?

                    Can you limit this sharing?

                    For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

                    Yes

                    No

                    For our marketing purposes - to offer our products and services to you

                    Yes

                    No

                    For joint marketing with other financial companies

                    Yes

                    No

                    For our affiliates' everyday business purposes- Information  about your transactions and experiences

                    No

                    We do not share

                    For our affiliates' everyday business purposes- Information  about your creditworthiness

                    No

                    We do not share

                    For our affiliates to market to you

                    No

                    We do not share

                    For nonaffiliates to market to you

                    No

                    We do not share

                    Questions?

                    Go to


                    www.metabank.com

                    Page 2

                    -

                    -

                    Who we are

                    Who is providing this notice?

                    This privacy policy is provided by Pathward and applies to Pathward products and services.

                    What we do

                    -

                    How does Pathward protect my personal information?

                    To protect your personal information from unauthorized access and use, we use security measures that comply with federal law.  These measures include computer safeguards and secured files and buildings.

                    How does Pathward collect my personal information?

                    We collect your personal information, for example when you:

                    • Open an account or Apply for a loan
                    • Make deposits or withdrawals from your account or Provide account information
                    • Make a wire transfer, We also may collect your personal information from others, such as credit bureaus, affiliates, or other companies.

                     

                    Why can't I limit all sharing?

                    Federal law gives you the right to limit only.

                    • Sharing for affiliates’ everyday business purposes – information about your creditworthiness.
                    • Affiliates from using your information to market to you
                    • Sharing for nonaffiliates to market to you
                    • State law and individual companies may give you additional rights to limit sharing.  [See below for more on your rights under state law.]

                    Definitions

                    -

                    -

                    Affiliates

                    Companies related by common ownership or control.  They can be financial and nonfinancial companies.
                     

                    Pathward does not share with our affiliates.

                    Nonaffiliates

                    Companies not related by common ownership or control.  They can be financial and nonfinancial companies.

                     

                    Pathward does not share with nonaffiliates so they can market to you.

                    Joint Marketing

                    A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

                    Our joint marketing partner(s) include nonaffiliated financial companies that we may partner with to jointly market financial products or services to you.

                    Other important information

                    Special Notice for State Residents

                    Residents of California or Vermont: We will not share with nonaffiliates except for our own marketing purposes, our everyday business purposes, or with your consent.

                    Residents of Nevada: We are providing this notice pursuant to Nevada law.

                    BLACKHAWK NETWORK, INC. PRIVACY POLICY

                    Blackhawk Short‑Form Privacy Notice | Rev. 07/2016

                    Facts

                    WHAT DOES BLACKHAWK DO WITH YOUR PERSONAL INFORMATION?

                    Why?

                    Financial companies choose how they share your personal information.  Federal law gives consumers the right to limit some but not all sharing.  Federal law also requires us to tell you how we collect, share, and protect your personal information.  Please read this notice carefully to understand what we do.

                    What?
                    • The types of personal information we collect and share depend on the product or service you have with us.  This information can include:
                    • §  Social Security number and payment history
                    • § Account balances and account transactions
                    • § Transaction history and purchase history
                    • When you are no longer our customer, we continue to share your information as described in this notice.

                    How?

                    All financial companies need to share customers’ personal information to run their everyday business.  In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Blackhawk chooses to share; and whether you can limit this sharing.

                    Reasons we can share your personal information

                    Does Blackhawk share?

                    Can you limit this sharing?

                    For our everyday business purposes –

                    such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

                    Yes

                    No

                    For our marketing purposes –

                    to offer our products and services to you

                    Yes

                    No

                    For joint marketing with other financial institutions

                    Yes

                    No

                    For our affiliates’ everyday business purposes – information about your transactions and experiences

                    Yes

                    No

                    For our affiliates’ everyday business purposes – information about your creditworthiness

                    No

                    We don’t share

                    For our affiliates to market to you

                    No

                    We don’t share

                    For nonaffiliates to market to you

                    No

                    We don’t share

                    Questions - Call 844‑855‑5628

                    What we do

                    How does Blackhawk protect my personal information?

                    To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

                    How does Blackhawk collect my personal information?

                    We collect your personal information, for example, when you:
                    open an account or provide account information
                    give us your contact information or show us your government‑issued ID
                    use your credit or debit card

                    We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

                    Why can’t I limit all sharing?

                    Federal law gives you the right to limit only:

                    sharing for affiliates’ everyday business purposes – information about your creditworthiness
                    affiliates from using your information to market to you
                    sharing for nonaffiliates to market to you

                    State laws and individual companies may give you additional rights to limit sharing.  See below for more on your rights under state law.

                    Definitions

                    -

                    -

                    Affiliates

                    Companies related by common ownership or control.  They can be financial and nonfinancial companies

                    Blackhawk’s affiliates include companies with a Blackhawk name and others, such as Cardpool, Inc., CardLab, Inc., and Omni Prepaid, LLC

                    Nonaffiliates

                    Companies not related by common ownership or control.  They can be financial and nonfinancial companies.
                    Blackhawk does not share with nonaffiliates so they can market to you.

                    Joint Marketing

                    A formal agreement between nonaffiliated financial companies that together market financial products or services to you

                    Blackhawk may partner with nonaffiliated financial companies to jointly market financial products or services to you.

                    Other Important Information

                    your personal information for joint marketing with other financial institutions.

                    VT residents:  If Blackhawk shares your personal information for joint marketing with other financial institutions, it will share only your name, contact information, and information about your transactions.

                    NV residents:  We are providing this notice under Nevada law.

                    Blackhawk Consumer Privacy Policy

                    Last Updated: November 1, 2017
                     

                    Introduction and Scope of Practices.
                     

                    Blackhawk Network Holdings, Inc. and its affiliates (“Blackhawk,” “we,” “us,” or “our”) care about your personal information.  This Privacy Policy (“Policy”) describes the personal information we collect, how we use this information, with whom we share it, and the choices you have about our use of your information.  The Policy applies any time you deal with Blackhawk, whether in person, by telephone, by mail, or at any online or mobile site or application that we own and control ("Site"). The only exception to this is if different practices are provided and state that they apply instead of this Policy.

                    This Policy explains:
                     

                    • How we collect, use, and share information from or about you;
                    • How our online advertisements (such as banner ads) on third-party sites treat data;
                    • Your choices about our use of your personal information; and
                    • How you can access and update your information.
                       

                    Sometimes, we appear on a site owned by a third party (like a Blackhawk page or handle on a social media site) or link to a third party site. When we do, that third party’s privacy policies and terms of use, not ours, will apply unless you are told otherwise. Also, some of Blackhawk’s services ("Services") are offered through banks or other financial institutions. In those cases, the third parties’ policies will govern their use of consumer data.

                    Types of Personal Information We Collect

                    Personally Identifiable Information (or “PII"). PII means information or a combination of information that can be used to identify, contact, or locate a specific person. We may collect the following types of PII from you:

                     

                    • Contact information, such as name, email address, mailing address, fax or phone number;
                    • Payment and financial information, such as credit or other payment card information, bank account, or billing address;
                    • Social Security Number or other national tax ID number
                    • Device geolocation (geographical location)
                    • Device identifiers such as IP address
                    • Unique identifiers such as user name, account number, or password; and,
                    • Preference information such as product wish lists, order history, or marketing preferences.

                     

                    Sometimes, we may combine PII you provide with information from third-party sources. For example, we may confirm your address with the postal service or verify your personal information with a credit-reporting agency. We will treat the combined information in accordance with the terms of this Policy.

                     

                      Other Information We Collect

                      We may collect other information (“OI”) about you.  OI is any information other than PII that does not reveal your identity or directly relate to a person. We may collect the following OI from you:

                       

                      • Information about your business such as company name, company size, or business type;
                      • Demographic information, such as age, gender, interests and ZIP code;
                      • Device and other tracking information, such as browser information, non-PII device identifiers, operating system, or information gained from cookies, pixels or other tracking technologies. OI may also include PII we have de-identified or aggregated to the point where it no longer identifies a particular individual. If we ever combine OI with any PII, we treat it as PII is treated under this Policy. In some jurisdictions, some OI may be considered PII by law. In those cases, we will treat the information as PII is treated under this Policy.

                         

                      How We Collect Personally Identifiable Information
                      We collect PII when you provide it to us. This can occur when you fill out applications, create accounts, complete a purchase, add money to your account, send in forms, take surveys, or fill in various online fields on our Sites. We also collect PII when you contact us with inquiries, customer support requests, or employment applications.

                      We may also collect the PII of third parties when you provide it to us. For example, if you choose to use our service to send a gift to a friend or register a family member for an account, we will ask you for your their name and address or email address. In addition, we may collect third party PII through our "Refer a Friend" program. Blackhawk stores this information for the sole purpose of completing the transaction. If you provide PII of a friend or family member and they want us to delete this information, they should contact us at privacy@bhnetwork.com. We may not always be able to remove their PII. We will let them know if we cannot do so and why.

                      -

                      We may use the PII we collect for the following purposes:
                       

                      • To provide you with the Services you requested;
                      • To verify your identity and/or location to allow access to your accounts, conduct online transactions, and secure your PII;
                      • To send you important information, such as changes to terms, conditions, and policies and/or other administrative information;
                      • To respond to your inquiries and fulfill your requests;
                      • To track referrals from partner websites;
                      • To personalize your experience on a Site by presenting content or offers tailored to you;
                      • To send you marketing communications you have signed up for or that we believe may be of interest to you;
                      • To allow you to use various Site features
                        • Please note that some features require that you provide PII in order to use them (e.g., many of the features at paypower.com) whereas other tools do not. You may request that certain information that you enter into our Sites be stored for future access and use. You have the option not to save the information;
                      • To assist in verifying your identity and account status when we deal with you through our social media pages. We may combine this information with information we already have;
                      • To enable you to post your resume, search job postings, and contact or be contacted by Blackhawk for prospective employment;
                      • For business purposes, including data analysis, audits, developing and improving products and services, enhancing our Sites, identifying usage trends and determining the effectiveness of promotional campaigns; and
                      • For risk control, fraud detection and prevention, and compliance with laws and regulations.
                         

                      Blogs: Some of our Sites offer publicly accessible blogs. Any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at privacy@bhnetwork.com. We may not always be able to remove your personal information. We will let you know if we cannot do so and why.

                      Newsletters: If you subscribe to our newsletters, we will use your name and email address to send them to you. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or accessing the email preferences in your account.

                      Testimonials: We display personal testimonials of satisfied customers on some of our Sites and in print advertisements. With your consent, we may use your testimonial and your name. If you wish to update or delete your testimonial, you can contact us at privacy@bhnetwork.com.

                      Geolocation: We may collect your location-based information to help you locate a store offering our products and services in your area. We will only share this information with our mapping provider for the sole purpose of providing you this service.

                      On some Sites (for example, www.reloadit.com), we collect location-based information for fraud prevention purposes.

                      You may opt out of location-based services at any time by changing the settings on your device. If you do, you might not be able to use certain features, especially when we use location-based information to prevent fraud.

                      How We Share Personally Identifiable Information We Collect

                      We will share your PII with third parties only in the ways that are described in this privacy policy. We do not sell PII to third parties.

                      Affiliates: To the extent permitted by law, we may provide information about your transactions and experiences with other affiliated Blackhawk entities, including parent companies and subsidiaries.

                      Service providers: We may provide your PII to companies that provide services to help us with our business activities, such as shipping your order or offering customer service. These companies are authorized to use your PII only as necessary to provide these services.

                      Referral partners: We offer referral-based commission systems through third party partners through which publisher websites may refer users to our pages to make purchases. The third party partner will be identified when you sign up. Data generated from the commission system, which may include PII and OI, will be owned and controlled by both Blackhawk and the third party partner. This Policy will govern Blackhawk’s use of the data. The third party’s privacy policy will govern its use of the data. When you sign up as a publisher, we will link to the third party’s privacy policy and ask you to agree to it.

                      Product short notices: Some products offered in conjunction with banks have unique data-sharing agreements. Blackhawk will make available short privacy notices of each product’s sharing policies on its website.

                      Additional Disclosure: We may also disclose your PII:

                      • As permitted or required by law, such as to comply with a subpoena, or similar legal process;
                      • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
                      • If Blackhawk is involved in a merger, acquisition, or sale of all or a portion of its assets. You will be notified by email and/or by a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your PII;
                      • To any other third party with your prior consent.
                         

                       

                      How We Collect And Use Other Information

                      We and certain third party service providers with whom we have agreements may collect OI in a variety of ways, including:

                      Log files: Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version, and internet browser type and version. This information is gathered automatically and stored in log files. We may link this data to PII we have collected about you.

                      Tracking technologies: We and our service providers use cookies, beacons, tags, scripts, and HTML5 local storage. These technologies allow us to collect information such as browser type, time spent on our Sites, pages visited, language preferences, and your relationship with us. We can use this information to analyze trends, administer the website, track users’ movements around the website, measure the effectiveness of our communications, tailor our advertising to you, and gather demographic information about our user base as a whole.

                      You can refuse to accept cookies. Most devices and browsers offer their own privacy settings for cookies and HTML5 local storage. You will need to manage your cookie settings for each device and browser you use. However, if you elect not to accept cookies, your use of the features on our Sites may be limited or impaired, and you may not be able to access certain features of our Sites at all.

                      Our third party partners use Local Shared Objects, such as Flash cookies, to embed features on our sites. To manage Flash cookies, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html

                      Advertising: We partner with a third party to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. If you are located in the European Union, click here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

                      Social Media Widgets: Our Sites include social media features, such as the Facebook "Like" button. These features may collect your IP address, identify the page you are visiting on our website, and set a cookie to enable the feature to function properly. Social Media Widgets are either hosted by a third party or hosted directly on our website. The privacy statement of the company providing it governs your interactions with these Widgets. We will comply with any legal obligations placed on the use of these technologies by certain jurisdictions, which may affect how these Widgets function.

                      Security and Retention

                      The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received, including encrypting the transmission of any sensitive information, such as payment card information. If you have any questions about the security of your personal information, you can contact us at privacy@bhnetwork.com.

                      We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

                      Image Submissions and Public Directories

                      Some of our websites offer you the ability to upload your own image to be used to create a personalized product. You may have the option to make these images available in publicly-accessible directories. You should be aware that any information you provide in these areas may be read, collected and used by others who access them. To request removal of your personal information from these public forums, please email us at privacy@bhnetwork.com or contact us by postal mail at the contact information listed below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

                      User Access and Choice

                      Upon request Blackhawk will provide you with information about whether we hold any of your personal information. You may access, correct, update, amend, remove, ask to have it removed from a public forum, directory or testimonial on our site or deactivate it by making the change on your account page, emailing us at privacy@bhnetwork.com or by contacting us by postal mail at the contact information listed below. We will respond to your request within a reasonable time.

                      Blackhawk acknowledges that you have the right to access your personal information. Blackhawk may have no direct relationship with some individuals whose personal data it processes. In those situations, an individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to Blackhawk’s partner who has the direct relationship (the data controller). If requested to remove data we will respond within a reasonable timeframe.

                      "Do Not Track" Preferences

                      Many browsers provide you an option to request that a web application disable either its tracking and/or cross site user tracking of an individual user. We do not track your online activities across different Sites, and we only track your activity within a Site to the extent you log into your account.

                      Therefore, our practices remain the same whether or not you enable the "Do Not Track" feature.

                      Protecting Children’s Privacy Online

                      Our Sites are not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide PII through our Sites. We do not knowingly collect information from children under 13.

                      International Transfer

                      If you live in the European Economic Area ("EEA") or in Canada, the data that we collect from you may be transferred to and stored at a location outside the EEA and Canada. It may also be processed by staff operating outside the EEA and Canada who work for us or for one of our service providers. Among other things, such staff may process and store your information and provide support services. By submitting your personal data, you agree to this transfer, storing or processing. We will ensure that your data is treated securely and in accordance with this Policy.

                      EU-U.S. Privacy Shield

                      Blackhawk (and its subsidiary companies Blackhawk Network, Inc., Blackhawk Network California, Inc., Blackhawk Engagement Solutions, Inc., Cardpool, Inc., CardLab, Inc., and Omni Prepaid, LLC) participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Blackhawk is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov/list]

                      Blackhawk is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Blackhawk complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

                      With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Blackhawk is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Blackhawk may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

                      If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

                      Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

                      Updates to This Policy

                      This Policy is subject to change. Please review it from time to time. If we make changes, we will revise the "Late Updated" date at the top. Any changes will become effective when we post the revised Policy. If we make any material changes, we will notify you by email or by means of a notice on this Site prior to the change becoming effective.

                      Contact Information

                      Chief Privacy Officer
                      Blackhawk Network, Inc.
                      6220 Stoneridge Mall Road
                      Pleasanton CA 94588
                      privacy@bhnetwork.com