Terms of Use and Privacy Policy


WEBSITE TERMS OF USE AND TECHNOLOGY PRIVACY STATEMENT


Please read these terms of use (“Terms of Use”) carefully before you start to use this website. By using this website, you accept and agree to be bound and abide by these Terms of Use and the Technology Privacy Statement (set forth below at the end of these Terms of Use). If you do not want to agree to these Terms of Use or the Technology Privacy Statement, you must not access or use this website.


WEBSITE TERMS OF USE


Last modified: February 1, 2013


The following Terms of Use apply to the website at www.moneypak.com (“Website”) owned and operated by Green Dot Corporation (“Green Dot”, “we”, “us” or “our”). By accessing or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use in their entirety, along with any modifications to the Terms of Use, which are incorporated by reference into these Terms of Use. In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Website. If you do not agree to these Terms of Use, you are not permitted to access or use the Website.


These Terms of Use apply to your use of the Website and do not amend or otherwise modify any Terms of Service for your Green Dot MoneyPak.


Please return to the Website and review these Terms of Use from time to time, as they may be amended without notice to you. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. Please note that your use of certain content and features of the Website may be subject to additional terms and conditions. By using such content and features, you also agree to be bound by such additional terms and conditions.


The Website is only intended to be accessed and used by individuals that are 18 years of age or older. Please do not access or use the Website if you are under the age 18.


Privacy. Use of the Website is subject to the Green Dot Privacy Policy and the Technology Privacy Statement. The Green Dot Privacy Policy and Technology Privacy Statement (set forth below at the end of these Terms of Use) generally explain how we collect, store, share or otherwise use your personal information and non-personal information.


Proprietary Rights; Use of Content. This Website is owned and operated by Green Dot and, in the case of certain features and content, its affiliates, licensors and/or third party service providers, and unless otherwise indicated, all designs, text, images, videos, graphics, software and other content and materials appearing at the Website (collectively, “Content”) are the property of Green Dot and its affiliates, licensors and/or third party service providers and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin (collectively, "Marks") appearing on the Website are the property of Green Dot, its affiliates, licensors, and/or third party service providers. You may not make any use of any Content or Marks without the prior written consent of Green Dot and any applicable third party. No Content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of Content on any single computer for your personal non-commercial use, only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose may be a violation of copyright, trademark, trade secret rights and other proprietary rights belonging to Green Dot and its affiliates, licensors and/or third party service providers. For purposes of these Terms of Use, the use of any such Content on any other website or networked computer environment is prohibited.


Your Conduct. In using or accessing the Website you agree:


• not to use the Website for fraudulent purposes;
• not to "spam" others or "phish" for others' personal information;
• not to create or use a false identity on the Website;
• not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
• not to disrupt or interfere with any other user’s enjoyment of the Website;
• not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including Content);
• not to use meta tags or any other “hidden text” utilizing a Mark or product name without Green Dot’s express written consent;
• not to “deeplink” to the Website without Green Dot’s express written consent;
• not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; and
• not to use the website in a manner that is defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation.


You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms of Use. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention or other measures we prescribe.


Third Party Websites and Services. The Website may contain links to third party websites and services, including, without limitation, those for co-marketing partners, advertisers, issuers and social networks. These links are provided as a convenience to you. You acknowledge that Green Dot has no control over any such third party websites and services, which are made available by companies or persons other than Green Dot. You acknowledge and agree that Green Dot does not endorse, verify, or make any representations regarding these third party websites and services and is not responsible for the availability of, and any liability arising from, any such third party websites and services. Accordingly, you acknowledge that Green Dot is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third party websites and services.


Termination; Modification. Green Dot reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Website, and to block or prevent future access to and use of the Website for any reason, including your breach of these Terms of Use or other conduct by you that Green Dot considers inappropriate. Green Dot may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Website, temporarily or permanently, including the availability of any features, functionality, Content or services, at any time with or without notice to you. You agree that Green Dot shall not be liable to you or to any third party for any modification, suspension or discontinuance.


Disclaimer. GREEN DOT MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE WEBSITE OR CONTENT, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GREEN DOT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, CONTENT AND ANY THIRD PARTY WEBSITE OR SERVICE. GREEN DOT DOES NOT WARRANT THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE OR CONTENT ARE FIT FOR ANY PARTICULAR PURPOSE, THAT THE OPERATION OF THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, THAT YOUR ACCOUNT INFORMATION WILL BE ACCURATE AND UP-TO-DATE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. GREEN DOT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GREEN DOT) ASSUME THE RISK OF USING THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


Limitation of Liability. IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GREEN DOT AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “GREEN DOT PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, EVEN IF A GREEN DOT PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES, ARISING IN CONNECTION WITH: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY ACCOUNT OR CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY ACCOUNT OR CONTENT; (C) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS.


NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GREEN DOT’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.


APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU.


YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING OR USING THE WEBSITE AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."


Indemnification. By using the Website, you agree to indemnify, defend and hold harmless the Green Dot Parties from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) your use of the Website, including, without limitation, your Account, any Content available on the Website and any activity of yours on the Website; (3) loss of any data or account information; and (4) any material uploaded by you or through your computer to the Website or otherwise sent by you to Green Dot. You will cooperate as fully and reasonably as required by Green Dot in the defense of any claim. Green Dot reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Green Dot.


Force Majeure. Green Dot will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Green Dot’s reasonable control.


Governing Law. These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of California within the United States of America without giving effect to any principles of conflicts of law. Any dispute arising from these Terms of Use or the Website shall be resolved in the state or federal courts residing in Los Angeles, California and you irrevocably agree to the jurisdiction of such courts. Green Dot makes no representation that Content contained on the Website is appropriate or available for use in jurisdictions outside the United States, or that the Terms of Use comply with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.


Contact Us. If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at Green Dot Customer Service, P.O. Box 1187, Monrovia, California 91017.



TECHNOLOGY PRIVACY STATEMENT


Last modified: February 1, 2013


This Technology Privacy Statement (“Privacy Statement”) explains how information is collected, used and shared by Green Dot Corporation and its subsidiaries and affiliated companies (“Green Dot”) from visitors to the website at www.moneypak.com (“Website”). For information on how we collect, store, share or otherwise use your personal information when obtained in connection with your use of our financial products or services, please see our Privacy Policy. This Privacy Statement does not apply to information governed by our Privacy Policy.


This Privacy Statement may be updated or modified by Green Dot from time to time. We will notify you of any material changes by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification).


Whenever you visit or interact with the Website, Green Dot, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect statistical, technical and navigational information about our visitors, and information about how the Website is accessed and used ("Usage Information"). Usage Information may include, in part, browser type and version, Flash version, operating system, the page served, the time, and the preceding page views. This statistical data provides us with information about the use of the Website, such as how many visitors visit a specific page on our Website, how long they stay on that page, whether they complete applications or information fields on a web page, which product pictures or other hyperlinks, if any, they "click" on. We collect this information in order to determine which areas of our Website are most popular; to tailor our Website to your specific interests, participation or requests; to improve user experience for our visitors; for security and authentication purposes; and to deliver a more personalized web site service and experience, including by recognizing certain choices you have made on our Website so you do not need to re-enter these choices when you return to our Website, or by notifying you of incomplete applications or registrations.


We also automatically collect your IP address or other unique identifiers ("Device Identifier") for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Websites. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier.


If you install certain mobile applications, involving location-based services or use other mobile optimized services on the Website, we may have access to certain information about your location. We collect location-based information in order to provide the specific mobile application location-based service you request. We may employ third parties to perform services on our behalf, such as administering mobile applications with location based services. Such third parties will have access to login credentials (and your location information if you choose to use a mobile application location-based service) only to the extent necessary to perform their services, but will not be permitted to use it for any other purpose. Except as set forth in these Terms of Use, or in terms of use applicable to the specific mobile application that generates location-based information, your location will not be shared with third parties without your specific consent.


We may use third parties to assist us with the collection of such Usage Information and Device Identifiers through the use of cookies, pixels and other tracking technologies.


Cookies are data files placed on a Device when it is used to visit the Website. Green Dot, the web analytics provider that we may use to help manage our Website and communications, or our third-party advertising and/or security service providers, may place cookies or similar files on your Device for security and authentication purposes, to deliver our ads, to measure the effectiveness of our advertising, to learn how our users use our Website, to facilitate site navigation and to personalize your experience while visiting our Website. Most Devices allow you to modify your preferences or browser settings to be notified when a cookie is set, or to reject all cookies. However, please be aware that some features and services on our Website may not function properly or may be slower if you refuse cookies. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. You may occasionally get cookies from other third parties on our Website. We do not control these cookies.


Green Dot or our third-party service providers may use both text-based cookies and other types of cookies (e.g., "flash"- or java-based cookies). In order to limit the acceptance of or disable "flash" cookies, you must access the management panel of the Adobe Flash Player installed on your computer. To learn more about the management panel of the Adobe Flash Player and the management of "flash" cookies, please access the following link: http://www.macromedia.com/support/documentation/en/flashplayer/help/index.html.



GREEN DOT PRIVACY POLICY


Rev. 2/2012

FACTS

WHAT DOES GREEN DOT CORPORATION 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 account balances
  • account transactions and purchase history
  • transaction history and overdraft 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 Green Dot Corporation chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does Green Dot Corporation 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 No We don’t share
For our affiliates’ everyday business purposes–
information about your transactions and experiences
No We don’t share
For our affiliates’ everyday business purposes–
information about your creditworthiness
No We don’t share
For nonaffiliates to market to you No We don’t share
Questions? Go to www.moneypak.com
What we do
How does Green Dot Corporation 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 Green Dot Corporation collect my personal information? We collect your personal information, for example, when you
  • Open an account or pay your bills
  • use your card or provide account information
  • give us your contact information
We also collect your personal information from 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.
  • Green Dot Corporation does not share with our affiliates.
Nonaffiliates Companies not related by common ownership or control. They can be financial or nonfinancial companies.
  • Green Dot Corporation 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.
  • Green Dot Corporation doesn’t jointly market.
Other important information
Depending on where you live, you may have additional privacy protections under state law. We will comply with applicable state laws before sharing nonpublic personal information about you. We may do this by sending a separate notice of those rights to you. For example, if you are a resident of California or Vermont, we will not share with nonaffiliates except for our everyday business purposes or with your consent.