Last Updated: December 6, 2017

This Privacy Policy (“Policy”) describes the manner in which PayActiv, Inc. (“PayActiv”, “we,” or “us”) and our website at www.payactiv.com (the “Site”), as well as all related websites, networks, applications, and other services provided by us and on which a link to this Policy is displayed (collectively, together with the Site, our “Service”) use and collect data from individuals. This Policy, which is incorporated into and is subject to the PayActiv Terms of Use, describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information.

Information We Collect on the Service:

• Personally Identifiable Information. When you use the Service or any third-party service or application through which any feature of the Service is made available (a “Third-Party Service”), we may collect information about you, either directly from you or from the entity that operates the Third-Party Service. The information we collect may include your name, email address, mailing address, telephone number, bank account and prepaid card information, employment-related identification numbers, driver’s license, date of birth, or geographic area and we may link this information with other information about you.
• Cookies and Automatically Collected Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential. We may use third party cookies on our Service as well. PayActiv does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who visit our Site or who use our Service.
  
  We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.
• Other Information. We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet). We may also obtain employment-related and payroll-related information in connection with your access to, and use of, the Service.

How We Collect Information. You may provide us with information in various ways on the Service. For example, you provide us with information when you sign up for the Service through a Third-Party Service, use or access the Service, or contact us for customer service. We may also obtain information from third parties, including without limitation your employer, our third-party partners and advertisers, and the entity operating a Third-Party Service.

How We Use the Information We Collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:

• We use the information that we collect to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users.
• We use the information that we collect to understand and analyze the usage trends and preferences of our users, to improve the Service, to develop new products, services, features, and functionality, and to perform and participate in studies and develop marketing materials.
• We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties.
• We may use cookies and automatically collected information to: (i) personalize our Service, such as remembering information about you so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.

When We Disclose Information. Except as described in this Policy, we will not disclose information about you that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

• We may disclose information about you to your employer in order to enable us to verify your identify and otherwise provide the Service to you.
• We work with third party service providers to provide financial, website-related, application development, hosting, maintenance, and other services for us. These third parties, which may include financial institutions that process disbursements of funds or third-party web hosts, may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to information that is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
• We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
• We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to: (i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available; or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
• Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• We may make certain aggregated, automatically-collected, or otherwise de-identified information available to third parties for various purposes, including: (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

Your Choices

If you wish to access or amend any personally identifiable information you have provided to us, you may be able to do so through the Service or through a Third-Party Service, or you may contact us at compliance@payactiv.com. Please note that while any changes you make will be reflected in active databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to compliance@payactiv.com. In your request, please attest to the fact that you are a California resident and provide a current California address for our response.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email at compliance@payactiv.com or by writing to us at the address given at the end of this Policy.

Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.

Third-Party Services

The Service may contain features or links to websites and services provided by third parties, and other products and services may be made available to you through a Third-Party Service. Furthermore, any information you provide to a Third-Party Service, third-party website, or other third-party services, is subject to the policies, if any, of their respective operators governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of any Third-Party Service or any third-party sites or services which are linked from, or can be accessed, through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Data Security

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of, and obtain your consent to, the change. Your acceptance of the revised Policy, or your continued use of the Service after the revised Policy has become effective, indicates that you have read, understood and agreed to the current version of this Policy.

How to Contact Us

Please contact us with any questions or comments about this Policy, information we have collected or otherwise obtained about you, our use and disclosure practices, or your consent choices by email at compliance@payactiv.com or by mail at:

PayActiv, Inc.
4300 Stevens Creek Blvd.
Suite 185
San Jose, CA 95129