Legal Documents

SPEND PRIVACY STATEMENT

Last updated on October 15, 2018

Our Privacy Statement

This Privacy Statement describes how Spend collects, uses, and shares your Personal Information that we receive from you when you visit our website or app or which we otherwise receive or collect from you in the course of, or in connection with, with the provision of our products and services and our business operations. It answers the following questions:

  • How do we collect information about you?
  • What Personal Information do we collect?
  • How do we use your Personal Information?
  • How do we keep your Personal Information safe?
  • How do we share your Personal Information?
  • Do we transfer data outside of the European Union?
  • What does Spend’s real-time public reserve transparency mean for your Personal Information?
  • What are your legal data privacy rights?
  • How long do we retain your Personal Information?
  • How do we protect children’s privacy?
  • How do we use your data to communicate and market to you?
  • How do we make changes to this privacy statement?
  • Where does this privacy statement apply?
  • Who can you contact if you have further questions or requests about your privacy?

Spend Group

Spend Group is made up of different legal entities, including 2645243 Ontario Inc, Spend, US, Inc., Spend OÜ and other affiliates. This privacy statement is issued on behalf of the Spend and its subsidiaries, so when we mention “Spend,” “we,” “us” or “our” in this privacy statement, we are referring to the relevant company in the Spend Group responsible for processing your Personal Information.

It is important that you read this Privacy Statement together with any other privacy statement or fair processing notice we may provide on specific occasions when we are collecting or processing Personal Information about you so that you are fully aware of how and why we are using your data. This Privacy Statement supplements the other notices and is not intended to override them.

How do we collect Personal Information about you?

We collect information from and about you when you register with us or use our products, services or apps (our “Service”) or use our website or software applications, or access or use third-party services that use our Application Programming Interface (“API”).

  • When registering with us as a customer, we ask you for detailed information, which we will use to verify your identity and protect against fraud, among other reasons discussed below.
  • We gather Personal Information at other times when managing your Spend account, such as from surveys, during support or customer care or during investigations.
  • We automatically collect information sent to us by your computer, mobile phone or other device to improve your experience.
  • When you use a location-enabled device with our Service, we may collect geographical location data or use various means to determine your location, such as sensor data from your device that may, for instance, provide data on nearby cell towers and Wi-Fi access spots.

As you interact with our website or software applications, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this information by using cookies, server logs and other similar technologies. Cookies are small data files stored on your hard drive by a website. Cookies help us make our website and Service and your use of them better by allowing us to recognize your browser and capture and remember certain information. Please see our Cookie Policy for additional information. You can also adjust your browser settings to disable cookies, but it may affect your ability to use the Service and our website.

We may receive data from third parties about you. This may include technical data from analytics and advertising partners like Google, from identity verification providers, as well as from other financial institutions.

What Personal Information do we collect?

Spend only collects Personal Information we need in order to offer and support our Service and meet our legal and regulatory obligations, which may vary depending on our relationship with you.

Here is an overview the Personal Information we collect from or about you:

  • Identity verification data: To verify your identity, we collect your name, address, phone, email, and other similar information. We may require you to provide additional Personal Information to verify your identity, including your date of birth, taxpayer or government identification number, or a copy of your government-issued identification. We may obtain information from affiliated and non-affiliated third parties, such as credit bureaus, identity verification services and other screening services to verify that you are eligible to use our Services, and will associate that information with the information we collected from you.
  • Account activity data: We collect information about your transactions, payments from or to you, and your other activities on our site or Service and other details of products and services you have purchased from us.
  • Application use data: We may collect data on your interaction and use our Service. This includes visits to our website, sign-up activity, your bank account, credit card and other payment details to enable you to enter into transactions on the Service, and additional information you may disclose to our member support team in order to resolve problems you report.
  • Your device data: We collect and process internet your protocol (IP) addresses, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website or any of our software applications.
  • Marketing data: We collect and process your preferences in receiving marketing from us, your email address and where you may have seen Spend advertisements.
  • Your social media information: You may choose to provide us with access to certain Personal Information stored by third parties such as social media sites (like Facebook, Google, Twitter, etc). The information we have access to varies by site and is controlled by you.

How do we use your Personal Information?

We have set out below some of the ways in which we may use and process your personal information, and which of the legal premises bases we rely on to do so.

Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using that data.

  • Providing our Service to you: It may sound obvious, but we need your data to make Spend work in the first place. Without your name, banking information and other details, we simply could not offer you our great products.

>Legal basis in the EEA: to perform customer services, including, structure, governance and compliance services, to fulfill our contractual obligations toward you, and on the basis of our legitimate interests, or your legitimate interests, to provide the best customer service we can.

  • Identity verification: As a financial institution, it is essential that we can confirm the true identity of our members. There are rules and regulations across the globe that require we identify our customers, including anti-corruption, anti‐bribery, anti‐terrorism, anti‐money laundering and other laws.

>Legal basis in the EEA: to perform customer services, including compliance services, to fulfill our contractual obligations toward you, and to comply with legal and regulatory requirements applicable to us (including the need to prevent and combat money laundering.

  • Keeping you informed: It is important for security and financial transparency that we keep you aware of your transactions and related activity at Spend. We will send you emails with confirmations, invoices, technical notices, updates, security alerts, legal and support and administrative messages.

>Legal basis in the EEA: to perform customer services, including to fulfill our contractual obligations toward you, and on the basis of our legitimate interests, or your legitimate interests, to provide the best customer service we can.

  • Investigations: Occasionally, we are obliged to look at your account activity in order to check and protect against fraudulent, unauthorized or illegal behavior.

>Legal basis in the EEA: to perform customer services, including on the basis of our legitimate interests, or your legitimate interests, to provide the best customer service we can and protect you and us from unlawful and unauthorized activity and to comply with legal and regulatory requirements applicable to us (including the need to prevent and combat money laundering.

  • Customer care: We strive to make sure you can easily use our products with no headaches, but sometimes you need help. Our customer care team will occasionally need access to you account data in order to fix any issues or answer your questions.

>Legal basis in the EEA: to support our business processes including our information technology, electronic communications and electronic documents storage, management and transmissions, to fulfill our contractual obligations toward you, or, if not applicable, on the basis of our legitimate interests to provide the best client service we can, to support our business operations, administration, IT services, and network security, and to prevent fraud.

  • Managing and improving our Service: We like to understand how our members engage and use Spend in order to make sure Spend is the best it can be. This process includes combining different account, transactional, marketing and other data to analyze the effectiveness and performance of our Service.

>Legal basis in the EEA: to support our business processes including our information technology, electronic communications and electronic documents storage, management and transmissions, to fulfill our contractual obligations toward you, or, if not applicable, on the basis of our legitimate interests to provide the best client service we can, to support our business operations, administration, IT services, and network security, and to prevent fraud.

  • Communicating with you: We want you to be aware of product updates, news, events, and promotions and, if you consent, we will send you information, including regular personalized emails, to keep you up to date with all things Spend.

>Legal basis in the EEA: on the basis of your consent or our legitimate interests to use your personal data for marketing purposes.

  • Business operations: We may need to use your personal information for our business operations, including internal training and administration, legal compliance, enforce our legal rights, protect third party rights, and in connection with a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets.

>Legal basis in the EEA: where we use your personal information in connection with a business reorganization, sale or merger, to enforce our legal rights, or to protect the rights of third parties it is in our or a third party’s legitimate interest to do so. For all other purposes, to comply with our legal and regulatory obligations.

  • Website and software applications: We use data analytics to improve our website and software applications, activities and operations, products/services, events, etc.

>Legal basis in the EEA: to present our website and software applications and their content in the best possible way for you and on your computer, on the basis of our legitimate interests to keep our website and software applications updated and relevant, to develop our business outreach and business operations, and to develop marketing strategy.

  • Third party data: If you authorize applications or third party integrations on or using our Service, these parties may receive detailed information about your account, your use of the Service, transaction history or even the ability to take actions on your behalf. Information collected by these applications or third-party integrations are subject to their terms and policies.

How do we keep your Personal Information safe?

We have implemented security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

We protect your Personal Information by maintaining physical, electronic, and procedural safeguards, incorporating tested security technologies, in compliance with applicable laws. We may use network safeguards such as firewalls and data encryption, enforce physical access controls, and authorize access to Personal Information only for those people who require access to fulfill their job responsibilities.

In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality. Those with access to your Personal Information are carefully screened, periodically reevaluated, and are required to keep all your Personal Information confidential.

It is important to note that security risks exist and no organization can genuinely promise you otherwise. Bad actors may defeat even the most carefully considered and implemented safeguards.

How do we share your Personal Information?

We sometimes share your information internally between employees and contractors of the Spend Group (including those based outside the European Economic Area (“EEA”)), in particular in connection with activities undertaken jointly or in common with such group members and/or provide IT and system administration services and undertake management reporting.

We do not sell, trade or otherwise transfer to third parties your Personal Information, other than third parties who assist us in operating our Service, conducting our business or supporting our members. We require that those third parties agree to keep this information confidential and secure on the same conditions and protection levels we provide to you as a member.

We may also release your information to certified and authorized law enforcement officials when we believe release is appropriate to comply with the law, enforce our terms or policies, or protect the rights, property, or safety of Spend, our members, or others. We have a set of guidelines for how we engage with law enforcement officials that may be requested by emailing support@spend.com

Finally, in the event of the sale or transfer of ownership you data would be shared with the new owners.

Do we transfer your Personal Information outside of the EU?

Spend is headquartered in Canada. Many of our affiliates and third party service providers are based outside the EEA, so processing of your Personal Information will involve a transfer of your Personal Information outside the EEA and may be maintained or accessed in servers or files located in countries outside the EEA, including Canada.

By voluntarily providing your Personal Information on or via this website, you consent to its transfer, processing and storage in Canada other countries outside the EEA, some which have not been deemed by the EEA to have “adequate” privacy safeguards.

Under the General Data Protection Regulation, Spend, Inc. is the controller and responsible for this website or any of our software applications and any EEA Personal Information that is provided to us via this website or our software applications. On occasions, for certain processing activities, one of the entities forming part of the Spend Group may act as a data processor for another entity forming part of the Spend Group.

Whenever we transfer your EEA Personal Information out of the EEA, we ensure a similar degree of protection is afforded to it. We may share data with organizations and countries that:

  • The European Commission say have adequate data protection.
  • We’ve agreed standard data protection clauses with.

Please contact us at the details set out above if you are located in the EU and want further information on the specific mechanism used by us when transferring EEA Personal Information out of the EEA.

What are your legal rights?

You have the right to:

  • Access the Personal Information we store about you or to request a copy of it.
  • Request that we correct inaccurate data about you.
  • Ask us to delete or block your data, although for legal reasons we cannot always do this.
  • Withdraw your consent to receive marketing emails.

To do any of the above simply email a request to: support@spend.com.

Also, under the relevant privacy laws of the EEA (including European Union’s General Data Protection Regulation) in respect of your EEA Personal Information you may have a number of important rights.

How long do we retain your Personal Information?

Spend maintains reasonable procedures to help ensure that your Personal Information is reliable for its intended use, accurate, complete, and current.

  • We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements, as well as other factors required by General Data Protection Regulation or other laws to which we are subject.
  • When it is no longer necessary to retain your Personal Information, we will securely delete it, subject to applicable law and regulations.
  • In some circumstances, we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
  • If you request that we stop sending you marketing materials, we will continue to keep a record of your contact details and appropriate information to enable us to comply with your request not to be contacted by us.

Please be aware that we may keep your Personal Information for five years or more from the date you cease to be our customer, depending on applicable law or regulations in the jurisdictions we operate.

How do we protect children’s privacy?

We are concerned to protect the privacy of children aged 16 or under. We do not knowingly solicit or collect information from individuals under 16. If we become aware that a child under the age of 16 has provided us with Personal Information, we will close the account and restrict their information. If you believe that we might have collected Personal Information from a child under 16, please contact using the information below.

How do we inform you and market to you?

In compliance with applicable laws, we will send you personalized marketing information, including by emails, and such information may include product and service updates, industry news, our events, activities and offers, about our business and personnel and tips. We may combine your Personal Information such as age, transaction history, account usage to improve the value and specificity of these communications.

You can ask us to stop sending you marketing messages or information at any time by following the opt-out links on any marketing message sent to you or by contacting us (see below our contact details) at any time.

Where you opt out of receiving these marketing messages or publications, this will not apply to Personal Information collected by or provided to us in connection with a specific purpose, request, order, event or activity or any dealings with you.

If you would like to unsubscribe from any email publication you can also click on the ‘unsubscribe’ button at the bottom of the relevant email publication. It may take up to [10] days for this to take place.

Changes to our Privacy Statement

This version was last updated on the date indicated above and historic versions are archived and can be obtained by contacting us.

It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during your relationship with us.

Where does this Privacy Statement apply?

This Privacy Statement applies to all of the services offered by the Spend Group and services offered on third-party sites, such as advertising services. This Privacy Statement doesn’t apply to services that have separate privacy notices that do not incorporate this Privacy Statement.

This Privacy Statement doesn’t apply to the information practices of other companies and organizations that advertise our services or to services offered by other companies or individuals, including products or sites that may include our Services or be linked from our Services.

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy statement of every website you visit.

Who can you contact?

You can direct any questions or complaints about the use or disclosure of your Personal Information to us by contacting us as set out below. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your Personal Information as soon as possible.

If you have any questions about this Privacy Statement or need to contact us, please email us at support@spend.com, or contact us by mail at 65 Queen St W Toronto, ON, M5H 2M5, Canada.

As Spend is based in Canada it has appointed Spend OÜ a company incorporated in Estonia (Co. Number: 09281410), to be its representative within the EEA. Their contact details are Email: Europe@spend.com , Phone +372-8804078

If you are resident in the European Union and are dissatisfied with the resolution of your complaint in respect of your EEA Personal Information, you may contact the EU data protection authority in your jurisdiction using the contact details provided at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htmfor further information and assistance.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS WHICH INCLUDE BINDING ARBITRATION; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS OUR SERVICES IN ANY MANNER.

 

Spend Terms of Use

Effective date: 10/01/2018

Welcome to Spend.com. Please read on to learn the rules and restrictions that govern your use of our website(s) and mobile application(s) (“our Services”). If you have any questions, comments, or concerns regarding these terms or our Services, please contact us at support@spend.com.

These Terms of Use (the “Terms”) are a binding contract between you and Spend, Inc. (“Spend.com,” “we” and “us”). Your use of our Services in any way means that you agree and consent to all of these Terms, and these Terms will remain in effect while you use our Services. These Terms include the provisions in this document, as well as those in the Privacy Policy. You also agree to only use our services if you agree to the Spend Virtual Currency Terms of Use, Spend Wallet Terms of Use, Virtual Currency Risk Disclosures, and our Spend Card Terms & Conditions.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use our Services. If you use our Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by us.

What about your privacy?

We take the privacy of our users very seriously. For our current Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for our Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@spend.com.

What are the basics of using our Services?

You may be required to sign up for an account, and select a password and user name (“Spend.com User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Spend.com User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use our Services and your parent or guardian has agreed to these Terms on your behalf).

You will only use our Services for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws. If your use of our Services is prohibited by applicable laws, then you aren’t authorized to use our Services. We can’t and won’t be responsible for your using our Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. You agree to notify us immediately if an unauthorized party accesses or uses your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use our Services or interact with our Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including us);
  2. Violates any law or regulation, including any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your com account or anyone else’s (such as allowing someone else to log in to our Services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Runs Maillist, Listserv, any form of auto-responder or “spam” on our Services, or any processes that run or are activated while you are not logged into our Services, or that otherwise interfere with the proper working of our Services (including by placing an unreasonable load on our Services’ infrastructure);
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to our Services or Content (through use of manual or automated means);
  9. Copies or stores any significant portion of the Content;
  10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to our

A violation of any of the foregoing is grounds for termination of your right to use or access our Services.

Are you allowed to use our Services outside of the United States & Canada?

Yes our Services are directed to and are intended to be made available and for the use of all persons worldwide other than OFAC restricted countries which are prohibited to, or use by, any person in any OFAC restricted country or any jurisdiction where such distribution or use would be contrary to violate US sanction laws or regulations or that would subject us to any registration requirement within such jurisdiction or country. You acknowledge and agree that you will be responsible for ensuring that any activity undertaken by you or other authorized users in any jurisdiction and with any person in whole or in part is in compliance with any and all applicable laws, rules, regulations, ordinances or interpretations or other similar national and international requirements of the country, state and province in which you are accessing and using our Services.

If you are a person from within in the United States or International, you may use our Services when traveling internationally. You may not use our Services when traveling internationally if you are visiting a country that is subject to a U.S. Government embargo, U.S. Government sanctions, or that has been designated by the U.S. Government as a “terrorist supporting” country. You may also not use our Services in connection with any party on a U.S. Government list of prohibited or restricted parties. As detailed above, by using our Services you agree to not violate any law or regulation.

By accessing or using our Services from outside the United States, you agree to the transfer of your information to the United States. Please note that your credit card agreement with the issuer of the Spend.com card or us contains terms regarding international transaction fees and fees for transactions in foreign currencies.

Consult your card agreement for more information.

What licenses are you being granted to use our Services?

You are granted a non-exclusive, non sub-licensable, non- transferable, personal, limited license to use our Services only on a computer or mobile device that you own or control, solely for your personal use and as expressly permitted herein. Certain software that we use to provide our Services has been licensed from third parties (each a “Third Party Licensor”) that are not affiliated with us. This limited right to use our Services is revocable in our discretion and our Third Party Licensors retain all right, title, and interest to their software.

We have no obligation to correct any bugs, defects or errors in our Services. We also have no obligation to otherwise support, maintain, improve, modify, upgrade, update or enhance our Services.

The materials displayed or performed or available on or through our Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through our Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including our) rights.

You understand that we own our Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of our Services.

Our Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do you have to grant any licenses to Spend.com or to other users?

Anything you post, upload, share, store, or otherwise provide through our Services is your “User Submission.” All licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. Please also note that any User Submission on a third-party social media social media platform including, but not limited to, Facebook®, Twitter®, YouTube® and LinkedIn® is subject to the Terms of Use and Privacy Policies of those respective platforms.

Please refer to the policies of those platforms to better understand your rights and obligations in regards to such User Submissions.

For all User Submissions, you hereby grant us a license to translate, modify (for technical purposes, for example making sure your Content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate our Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal Spend.com account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant us the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing our Services necessary to do so.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Spend.com account, we will stop displaying your User Submissions, but you understand and agree that it may not be possible to completely delete that Content from our records.

Finally, you understand and agree that we, in performing the required technical steps to provide our Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What should you do if you believe there has been a violation of your intellectual property right?

DMCA Notice

If you believe that your intellectual property rights have been violated by something on our Services, please contact our Copyright Agent at Spend.com trademark@spend.com and provide the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of or a representative list of the work you believe has been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly

Do we recommend a particular mobile device or cell phone carrier?

We do not recommend, endorse or make any representation or warranty of any kind regarding the performance of any particular mobile device or any particular telecommunications carrier. We may identify a mobile device or telecommunications carrier as compatible with our Services, but this identification does not constitute a recommendation, endorsement, representation of performance, or warranty. You are responsible for the selection of your mobile device and for all issues relating to the operation, performance, and cost associated with such device. You are also responsible for the selection of your telecommunications carrier and for all issues relating to the operations, performance, and cost associated with such carrier.

When you use our Services who is responsible for what you see and do?

Any information or Content publicly posted or privately transmitted through our Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. We aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through our Services. We can’t guarantee the identity of any users with whom you interact in using our Services and are not responsible for which users gain access to our Services.

You are responsible for all Content you contribute, in any manner, to our Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with our Services.

Our Services may contain links or connections to third party websites or services that are not owned or controlled by us. When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks.

We encourage you to be aware when you leave our Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

We have no control over, and assume no responsibility for, the Content, information, accuracy, privacy policies, practices or opinions expressed in any third party websites or by any third party that you interact with through our Services. In addition, we will not and cannot monitor, verify, censor or edit the Content of any third party site or service. By using our Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through our Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Will Spend.com ever change our Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of our Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of our Services. Similarly, we reserve the right to remove any Content from our Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do our Services cost anything?

Our Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

Please note that while our Services, as defined above, are currently free, you may be liable for interest and certain fees for use of your credit card pursuant to your credit card agreement with the issuer of the Spend.com card or with us. Consult your card agreement for more information. Please also note that you may be charged by your telecommunications carrier for utilizing their communications network to access our Services. We are not responsible for any such charges or fees. Please consult the terms and conditions you have with your telecommunications carrier for more information.

What if you want to stop using our Services?

You’re free to do that at any time, by contacting us at support@spend.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

We are also free to terminate (or suspend access to) your use of our Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to our rights or property.

If you account is terminated by either you or us, these Terms of Use, and other Spend.com policies, will continue to govern the relationship between you and us.

Additional Terms

Warranty Disclaimer. AS-IS

Neither we nor our licensors or suppliers make any representations or warranties concerning any Content or information contained in or accessed through our Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through our Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through our Services are provided “AS IS” and without any warranty of any kind from us or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). OUR SERVICES AND CONTENT ARE PROVIDED

BY US (AND OUR LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE (OR OUR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR

  • ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH OUR SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO

Indemnity.

To the fullest extent allowed by applicable law, you agree to indemnify and hold us and our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of our Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment.

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration.

You agree that these Terms are governed by and will be construed under the laws of the Province of Ontario, without regard to the conflicts of laws provisions thereof. You also agree that any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Ontario, Canada in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Ontario, Canada. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND SPEND.COM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Loss of Service.

Our Services are provided “as is” and without warranty. You acknowledge and agree that from time to time, our Services may be delayed, interrupted or disrupted for an indeterminate period of time. Such events may include, without limitation: server updates, software updates, power outages, equipment malfunctions, natural disasters, attacks on infrastructure by hackers or terrorists, and interruptions or delays in transmission by your telecommunications carrier. We and our affiliates are not liable for any claim arising from any such delay, interruption, disruption or similar failure. In no event will we or our affiliate be liable for indirect, consequential or special damages, including lost profits, arising from your use of our Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.

Miscellaneous.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with our Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Spend.com agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Spend.com, and you do not have any authority of any kind to bind us in any respect whatsoever. Except as expressly set forth in the section below regarding the Apple specific terms and conditions, you and Spend.com agree there are no third party beneficiaries intended under these Terms.

Apple Specific Terms and Conditions

In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respect to your use of the iPhone, iPad or iPod Touch compatible version of the licensed Spend.com Mobile Application (also called the “Licensed Application”).

This Licensed Application is an agreement between you and us. Our Licensed Application is available to our eligible consumer credit card members. Apple Inc. (“Apple”) is not a party to the Spend.com Mobile App Terms of Use agreement and does not own and is not responsible for the Licensed Application. Apple is not providing any warranty for the Licensed Application, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Licensed Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Licensed Application, including, without limitation, any third party product liability claims, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Licensed Application, including those pertaining to intellectual property rights, must be directed to us at the address provided in the ‘Contact Us’ section of the Licensed Application.

The license you have been granted herein is limited to a non- transferable license to use the Licensed Application on any iPhone, iPad or iPod Touch device that you own or control, as permitted by the Usage Rules set forth in the App Store℠ Terms of Service. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the Licensed Application, such as your wireless data service agreement.

You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Terms of Use agreement and that, upon your acceptance of the terms and conditions of this Terms of Use agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use agreement against you as a third party beneficiary thereof.

Apple, iPhone, iPad and iPod Touch are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Watch is a trademark of Apple Inc. App Store is a service mark of Apple Inc.

Alphabet (Google/Android) Specific Terms and Conditions

In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respect to your use of the Android compatible version of the licensed Spend.com Mobile Application (also called the “Licensed Application”).

This Licensed Application is an agreement between you and us. Our Licensed Application is available to our eligible consumer credit card members. Alphabet Inc. (“Alphabet”) is not a party to the Spend.com Mobile App Terms of Use agreement and does not own and is not responsible for the Licensed Application. Alphabet is not providing any warranty for the Licensed Application, except if applicable, to refund the purchase price for it. Alphabet is not responsible for maintenance or other support services for the Licensed Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Licensed Application, including, without limitation, any third party product liability claims, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Licensed Application, including those pertaining to intellectual property rights, must be directed to us at the address provided in the ‘Contact Us’ section of the Licensed Application.

The license you have been granted herein is non-exclusive, worldwide, and perpetual to perform, display, and use the Licensed Application on the device. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the Licensed Application, such as your wireless data service agreement.

You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge and agree that Alphabet and Alphabet’s subsidiaries are third party beneficiaries of this Terms of Use agreement and that, upon your acceptance of the terms and conditions of this Terms of Use agreement, Alphabet will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use agreement against you as a third party beneficiary thereof.

Alphabet, Google, Google Play, Android and other marks are trademarks of Alphabet Inc., registered in the U.S. and other countries.

Know Your Customer/Anti-Money Laundering Public Policy

Effective date: 06/01/2018

 

Understanding Spend’s Know-Your-Customer and Anti-Money Laundering Policies

Spend, Inc. defends against involvement in illicit activities, such as money laundering, by doing the following:

  • Routinely executing a company-wide assessment to determine the risk of inadvertent involvement in money laundering or other illicit activities. A risk profile is produced after these assessments
  • Promulgating and adhering to well established anti-money laundering procedures and corporate policies
  • Providing routine training to all employees to enhance their ability to thwart and detect money laundering
  • Verifying the identity of customers and end users for all registered users of Spend, Inc.’s services
  • Identifying a Compliance Officer who is responsible for the efficient operation of the anti- money laundering program
  • Performing an annual audit to determine the sufficiency of anti-money laundering procedures

Policies

An anti-money laundering policy (“Policy”) shall be reviewed and approved by Spend, Inc.’s Board. Once approved, the Policy shall be furnished to all of Spend, Inc.’s employees and regular training on compliance shall be provided at intervals not to exceed one year. Employees shall confirm receipt and understanding of the Policy in writing.

Corporate Controls

Spend, Inc. developed, enacted, and refined controls to confirm that Spend, Inc. actions comply with relevant anti-money laundering legal obligations. These obligations include, but are in no way limited to, the submission of required reports on a timely basis. Steps taken to confirm the identity of customers and end users, the reporting of suspicious activity, and submission of required reports are all examples of internal controls employed by Spend, Inc.

Education and Training

Everyone employed by Spend, Inc., including its officers and board of directors, shall receive annual training concerning anti-money laundering procedures and client identity verification. This training shall be provided to new employees within 30 days of the date of official hire and shall also include information to help them comply with relevant laws while executing assigned job duties. Training may be provided and regularly updated to incorporate changes in laws, regulations, and market developments.

Customer Identity Verification

Spend, Inc. shall ensure that it took commercially reasonable steps to identify each customer using Spend, Inc.’s platform. Many methods may be employed to confirm user identity.

Account Generation and Creation Methods

As part of its account generation and creation process, Spend, Inc. shall: (1) obligate users to furnish proof of identity; (2) prohibit payments in US dollars to be made without complete account- opening data; (3) confirm that users are not listed in compliance databases. These databases include, but are not limited to, the OFAC Specially Designated Nationals list and other governmental watch lists.

Proving Identification:

Individuals

  • Name
  • Mailing address and address of residence (PO boxes are not acceptable unless accompanied by valid mailing address)
  • Government issued identification numbers including where relevant, but not limited to, social security numbers, driver’s license numbers, and passport numbers
  • Place of birth and date of birth
  • Copies of valid photo identifications for those listed as account holders Corporate Users
  • Name of business and corporate representatives
  • Copies of current photo identifications of corporate representatives using the account
  • Mailing address of the client’s principal place of business (Spend, Inc. reserves the right to request the customer’s local address if the local address is not the same as the business’ principal place of business)
  • Customer identification procedures shall be adhered to to determine the beneficial owners of trust or corporate accounts. These procedures include establishing whether a customer is an agent of another; deriving information concerning the ownership or structure of a company that is a legal entity not publicly traded in the US; and for trustees, getting data about the trust structure, determining the provider of funds, and discerning who has control over the funds and power to remove the trustee.

End User Verification

The validity of documents used to support the opening of an account is to be confirmed before the account can be finalized. Verification requires layered security, multi-factor authentication, and the satisfaction of other obligations to ensure that user identity has been meaningfully confirmed. Account size and other factors are considered during this process.

These methods are examples of verification processes that Spend, Inc. reserves the right to employ:

  • Employing challenge questions to test user knowledge.
  • Validating identifying information against information provided by trusted third party sources. Trusted third party sources include reporting/verification agencies like Jumio NetVerify, Lexus Nexus Instant ID, and Veratad.
  • Validating claimed addresses with copies of bank statements, utility bills, and credit card statements.
  • Ensuring that no inconsistencies exist between customer provided identifying information.
  • Use of industry standard device identification procedures, such as geo-location checks and “digital fingerprints.
  • Closing suspicious accounts when clients are unable to furnish sufficient information to confirm identity.
  • Requesting notarized copies of birth certificates or businesses’ sealed incorporation documents with an apostille for identification.

Activity Reports and Suspicious Activity

Spend, Inc. will monitor transactions and network usage for suspicious activity. Unusual transactions are carefully reviewed to determine whether they are illogical or unlawful in purpose. Spend, Inc.’s controls are to be implemented to ensure that an ongoing monitoring system is established to thwart illicit actions as they occur. Whenever suspicious activity is detected, Spend, Inc. reserves the right to decide in its sole and exclusive judgment whether reporting the data to law enforcement is appropriate or required to comply with host nation laws.

While money laundering attempts are an example of a suspicious activity, they are by no means the only type of suspicious activity prohibited on Spend, Inc.’s platform. Spend, Inc. may report data even when no money is lost or stolen because of the transaction.

When Spend, Inc. determines that a transaction is possibly suspicious, it shall review transaction details. Spend, Inc.’s senior management shall be alerted and shall determine whether the transaction satisfies the conditions necessary to be deemed a suspicious transaction or activity. After making this determination, the senior management shall determine whether the transaction or activity should be reported to law enforcement with an official filing.

Spend, Inc. shall retain a copy of all documents filed with law enforcement. When filings are made all data related to the filing, including the fact that a filing was made, shall be treated as confidential. Only those required to support the investigation and subsequent reporting shall be notified of the filing’s existence. Under no circumstances should parties suspected of suspicious transactions or activities be notified. Spend, Inc. reserves the right to notify the Board of Directors of the filing.

Requirements to Record

Procedures to maintain records of data used to validate a person’s address, name, and other personally identifying information shall be established under the terms of this Policy. These are some steps that shall be taken when keeping records:

  • Spend, Inc. shall retain a record of customer generated identifying information.
  • Identification documents and transaction records shall be retained for a period no less than five years.
  • Spend, Inc. shall diligently search for, record, and resolve any discrepancies that exist in the identifying information provided by clients to Spend, Inc.
  • Spend, Inc. shall record the processes and results of supplementary measures employed to validate customer identity.
  • Whenever identity is verified with a supporting document, Spend, Inc. shall retain copies of the document. The document and the resulting copies shall clearly display the type of document used and present the identifying information Spend, Inc. used to verify client identity.

Money Laundering Audit

Spend, Inc. will conduct an annual anti-money laundering audit. The audit shall be conducted by an independent party with a working knowledge of BSA requirements. If such a party is not available, the audit may be conducted by Spend, Inc.’s employees who have a working knowledge of BSA requirements. Corrective actions shall be derived from these audits and Spend, Inc. will provide the audit report along with intended corrective actions to Spend, Inc.’s management for review. Status reports concerning corrective actions will be routinely furnished to the management of Spend, Inc. until all outstanding matters are resolved.

SEC RULE 445-IM 02-21 In addition to internally beneficial AML policies for Spend, Inc. benefit, we support and follow SEC Rule 445 in which a compliance individual within our company is responsible for the review of all AML policy as a whole. This individual will serve an independent audit function within Spend, Inc. for and will continue education and testing of all AML policies well after implementation of the product.

Suspicious Activity Reporting At the notification of any sizable suspicious activity both internally or externally, Spend, Inc. will respond by performing a due diligence investigation into the matter along with filing a SAR-SF Treasury form. This is at the benefit of both the customer and Spend, Inc.

Spend Group Licenses/Registrations

Spend is an authorized third party agent of Visa. View Registration here

Canada:
2645243 Ontario Inc. dba Spend is a licensed Money Service Business regulated by FINTRAC. License #: M18224894

United States:
Spend US, Inc. is a registered Money Service Business with FinCEN Reg #: 31000131756577
Spend US, Inc. has begun applying to become a licensed Money Transmitter where required.
Spend US, Inc. is a licensed lender NMLS ID: 1783708

Estonia:
Spend OÜ is a licensed virtual currency to fiat exchange provider license #: FVR000253
Spend OÜ is a licensed wallet provider license #: FRK000212

Translate »