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The Privacy Policy below governs your XL Pay account and
any information you provide on this site.
A. Overview
B. Information We Collect
C. Our Use and Disclosure of Information
D. Information Security
E. Accessing and Changing Your Information
F. Contacting Us
A. Overview
In order to offer some of XL Pay’s services and reduce fraud, XL Pay (“XL
Pay” or “we”) may ask you to provide us information about yourself and your
credit card and/or bank account. This Privacy Policy describes the
information we collect and how we use that information. XL Pay takes the
privacy of your personal information very seriously and will use your
information only in accordance with the terms of this Privacy Policy. We
will not sell or rent your personally identifiable information or a list of
our customers to third parties. However, as described in more detail in Part
C below, there are limited circumstances in which some of your information
will be shared with third parties, under strict restrictions, so it is
important for you to review this Privacy Policy. This Privacy Policy applies
to all services that are hosted on the XL Pay website, whether XL Pay (or
its subsidiaries or its affiliates) offers the services.
By accepting the Privacy Policy and Terms of Use in registration, you
expressly consent to our use and disclosure of your personal information in
the manner described in this Privacy Policy. This Privacy Policy is
incorporated into and subject to the terms of the XL Pay Terms of Use.
XL Pay will hold and transmit your personal information in a safe,
confidential and secure environment. If you object to your personal
information being transferred or used as described in this Privacy Policy,
please do not register for the XL Pay service.
Notification of Changes
This policy may be revised over time as new features are added to the XL Pay
service or as we incorporate suggestions from our customers. If we are going
to use or disclose your personally identifiable information in a manner
materially different from that stated at the time we collected the
information, you will have a choice as to whether or not we use or disclose
your information in this new manner. Any material changes will be effective
only after we provide you by e-mail with at least 30 days’ notice of the
amended Privacy Policy (if you have closed your XL Pay account, you will not
be contacted to notify you of the amended Policy and your personal
information will not be used or disclosed in this new manner).
We will post the amended Privacy Policy prominently on our website so that
you can always review what information we gather, how we might use that
information, and whether we will disclose it to anyone. Please check the XL
Pay website at http://www.xlpay.com at any time for the most current version
of our Privacy Policy.
Pages on the XL Pay website may include links to third party websites. XL
Pay is not responsible for their operations, including but not limited to
their information practices. Their privacy statements govern those sites.
Users submitting information to or through these third party websites should
review the privacy statement of these sites before providing them with
personally identifiable information.
B. Information We Collect
Required Information
To open a XL Pay account, you must provide your name, company name (if any),
address, phone number, home page (if any), and e-mail address. In order to
make payments through XL Pay, you must provide credit card, debit card or
bank account information. This required information may be necessary for us
to process transactions, issue a new password if you forget or lose your
password, protect you against credit card fraud and checking account fraud,
and to contact you should the need arise in administering your account.
In order to comply with the Bank Secrecy Act, we may also require your SSN
or TIN if you send or receive certain high-value transactions or high
overall payment volumes through XL Pay. If you choose to register or apply
for certain optional features or products offered through the XL Pay
websites, you will be required to provide additional information to
establish that you qualify for such features or products.
Transaction Information
When you use XL Pay to send money to someone else or request money from
someone else, we ask you to provide information related to each transaction,
including the amount of the transaction and the e-mail address of the third
party. We retain this information for each of your transactions through XL
Pay. We also collect the Internet address (IP address) of the computer or
device you use to access your XL Pay account, in order to help detect
possible instances of unauthorized transactions.
Information About You From Third Parties
In order to protect all our customers against potential fraud, we verify
with third parties the information you provide. In the course of such
verification, we receive personally identifiable information about you from
such services. In particular, if you register a credit card or debit card
with XL Pay, we may use card authorization and fraud screening services to
verify that your card information and address matches the information that
you supplied to XL Pay, and that the card has not been reported as lost or
stolen.
If you send or receive high overall payment volumes through XL Pay, in some
circumstances we may conduct a background check on your business by
obtaining information about you and your business from a credit bureau or a
business information service. If you incur a debt to XL Pay, we will
generally conduct a credit check on you by obtaining additional information
about you from a credit bureau, to the extent permitted by law. XL Pay, at
its sole discretion, also reserves the right periodically to retrieve and
review a business or consumer credit report for any account, and reserves
the right to close an account based on information obtained during this
credit review process.
Additional Verification
If we cannot verify the information that you provide, or if you request a
withdrawal by check to an address other than your verified credit card
billing address, we may ask you to send us additional information (such as
your drivers’ license, credit card statement, and/or a recent utility bill
or other information linking you to the applicable address), or to answer
additional questions online to help verify your information.
Website Traffic Information
Because of the way that Internet communication standards work, when you
arrive at or leave the XL Pay website, we automatically receive the Internet
address of the site that you came from or are going to. We also collect
information on which pages of our website you visit while you are on the XL
Pay site, the type of browser you use and the times you access our website.
We may use this information only to try to understand our customers’
preferences better and to manage the load on our servers, so as to improve
our service and your experience with XL Pay. We do not track the websites
that you visit before or after you leave the XL Pay site.
Our Use of “Cookies”
“Cookies” are small files of data that reside on your computer and allow us
to recognize you as a XL Pay customer if you return to the XL Pay site using
the same computer and browser. We send a “session cookie” to your computer
if and when you log in to your XL Pay account by entering your e-mail
address and password. These cookies allow us to recognize you if you visit
multiple pages in our site during the same session, so that you don’t need
to re-enter your password multiple times. Once you log out or close your
browser, these session cookies expire and no longer have any effect.
We also use longer-lasting cookies to display your e-mail address on our
sign-in form, so that you don’t have to retype the e-mail address each time
when you log in to your XL Pay account. In addition, we use cookies to
process our referral program, described in Section C below. We may share
cookie information regarding whether or not a certain user is already
registered with XL Pay with certain merchants with whom we have an official
co-marketing relationship.
Customer Service Correspondence
If you send us correspondence, we may retain such information in the records
of your account. We may also retain customer service correspondence and
other correspondence from XL Pay to you. We may retain these records in
order to measure and improve our customer service, and to investigate
potential fraud and violations of our Terms of Use. We may, over time,
delete these records if permitted by law.
Questionnaires, Surveys and Profile Data
From time to time, we may offer optional questionnaires and surveys to our
users for such purposes as collecting demographic information or assessing
users’ interests and needs. The use of the information collected will be
explained in detail in the survey itself. If we collect personally
identifiable information from our users in these questionnaires and surveys,
the users will be given notice of how the information will be used prior to
their participation in the survey or questionnaire.
Non-member Recipients and Requests
When a member either sends a payment to, or requests a payment from, an
individual who is not a registered member of XL Pay, we will retain the
information that the member submits to us, including, for example, the other
party’s email address and/or name, for the benefit of the member who is
attempting to contact the non-member, so that the member can see a complete
record of his or her transactions, including uncompleted transactions.
Although this information is stored indefinitely, we will not market to the
non-member in any way at any time. Additionally, these non-members have the
same rights to access and correct information about themselves (assuming
that their email addresses were correct enough to reach them) as anyone else
who uses XL Pay.
C. Our Use and Disclosure of Information
Internal Uses
We use the information we collect about you in order to provide our services
and process your transactions, to provide customer service, to determine
your eligibility to receive offers for special features or products, and to
improve our products and services. At your option (as indicated in your XL
Pay user settings), we use the information you provide to access specific
third party services on your behalf and perform the actions that you request
us to perform.
We give access to individually identifiable information about our users only
to those employees who require it to fulfill customer service requests.
Disclosure to Other XL Pay Customers
If you are a registered XL Pay user, your name, e-mail address, date of
sign-up, and other information may be displayed to other XL Pay customers
whom you have paid or who are attempting to pay you through XL Pay. Your
credit card number, bank account and other financial information will never
be revealed to anyone whom you have paid or who has paid you through XL Pay,
except if we are required to do so pursuant to a subpoena or other legal
process.
If you are buying goods or services and paying through XL Pay, the seller of
the goods or services may request that you provide a mailing address that XL
Pay has confirmed as matching the billing address in the credit card system.
You do not have to provide this information. If you do not provide the
information, however, the seller may choose not to accept your XL Pay
payment and not to complete the transaction.
XL Pay may also disclose to other XL Pay customers the number of payments
you have received from Verified XL Pay customers (as defined in the Terms of
Use on the http://www.xlpay.com site), or other aggregate measures that
provide an indication of your reputation with other XL Pay customers.
Disclosure to Third Parties Other Than XL Pay Customers
XL Pay will not sell or rent any of your personally identifiable information
to third parties. XL Pay will not share any of your personally identifiable
information with third parties except in the limited circumstances described
below, or with your express permission (and to other XL Pay customers as
described above). These third parties are limited by law or by contract from
using the information for secondary purposes beyond the purposes for which
the information is shared. We share information with companies that help us
process the transactions you request and protect our customers’ transactions
from fraud, such as sharing your credit card number with a service that
screens for lost and stolen card numbers. See “Information About You From
Third Parties” in Section B above. Additionally, if you go into a negative
balance and owe us money, we may share information with processing companies
including collection agencies.
We disclose the information we collect, as described in Section B above, to
companies that perform marketing services on our behalf or to other
financial institutions with whom we have joint marketing agreements. These
companies may be subject to confidentiality agreements with us and other
legal restrictions that prohibit using the information except to market the
specified XL Pay-related products or services, unless you have affirmatively
agreed or given your prior permission for other uses.
We disclose information that we in good faith believe is appropriate to
cooperate in investigations of fraud or other illegal activity, or to
conduct investigations of violations of our Terms of Use. Specifically, this
means that if we conduct a fraud investigation and conclude that one side
has engaged in deceptive practices, we can give that person or entity’s
contact information (but not bank account or credit card information) to
victims who request it.
We disclose information in response to a subpoena, warrant, court order,
levy, attachment, order of a court-appointed receiver or other comparable
legal process, including subpoenas from private parties in a civil action.
If a user signs up for a co-branded version of XL Pay through links on our
co-branded partner’s website, XL Pay will share with the co-branded partner
that user’s name, e-mail address and physical address in order to provide
enhanced integration between XL Pay’s services and the services of our
co-branded partner. If a user does not want his or her information shared
with XL Pay’s co-branded partner, he or she should not use this aspect of
the site.
We disclose information to your agent or legal representative (such as the
holder of a power of attorney that you grant, or a guardian appointed for
you).
We share aggregated statistical data with our business partners or for
public relations. For example, we may disclose that a specific percentage of
our users live in British Columbia. However, this aggregated information is
not tied to personally identifiable information.
As with any other business, it is possible that XL Pay in the future could
merge with or be acquired by another company. If such an acquisition occurs,
the successor company would have access to the information maintained by XL
Pay, including customer account information, but would continue to be bound
by this Privacy Policy unless an until it is amended as described in Section
A above.
We share your information with our parent, subsidiaries and joint ventures
to help coordinate the services we provide to you, enforce our terms and
conditions, and promote trust and safety.
Our Contacts with XL Pay Customers
We communicate with users on a regular basis via e-mail to provide requested
services, and we also communicate by phone to resolve customer complaints or
investigate suspicious transactions. We use your e-mail address to confirm
your opening of a XL Pay account, to send you notice of payments that you
send or receive through XL Pay (including referral payments described
below), to send information about important changes to our products and
services, and to send notices and other disclosures required by law.
Generally, users cannot opt out of these communications, but they will be
primarily informational in nature rather than promotional.
We also may use your e-mail address to send you other types of
communications that you can control, including tips, newsletters, customer
surveys and notice of special third-party promotions. You can choose whether
to receive some, all or none of these communications when you complete the
registration process, or at any time thereafter, by logging in to your
account on the XL Pay website and changing your user preferences. You can
also change your choices at any time through the same procedure.
In connection with independent audits of our financial statements and
operations, auditors may seek to contact a sample of our customers to
confirm that our records are accurate. However, these auditors cannot use
personally identifiable information for any secondary purposes.
Internet Address Information
We use IP addresses, browser types and access times to analyze trends,
administer the site, improve site performance and gather broad demographic
information for aggregate use.
Your Use of Information and Our Services
In order to facilitate the transactions between XL Pay members, our service
allows you limited access other users’ contact information. As a seller you
may have access to the User ID, email address and other contact information
of the purchaser, and as a purchaser you may have access to the User ID,
email address and other contact information of the seller.
By entering into our Terms of Use, you agree that, with respect to other
users’ personally identifiable information that you obtain through the site
or through an XL Pay-related communication or XL Pay-facilitated
transaction, you will only use this information for: (a)
http://www.xlpay.com-related communications that are not unsolicited
commercial messages, (b) using services offered through XL Pay, and (c) any
other purpose that such user expressly agrees to after adequate disclosure
of the purpose(s).
In all cases, you must provide users with the opportunity to remove
themselves from your database and review any information you have collected
about them. In addition, under no circumstances, except as defined in this
Section, can you disclose personally identifiable information about another
http://www.xlpay.com user to any third party without our consent and the
consent of such other user after adequate disclosure. Note that law
enforcement personnel and other rights holders are given different rights
with respect to information they access.
http://www.xlpay.com does not tolerate unsolicited commercial e-mail or
“spam.” Therefore, without limiting the foregoing, you may not add a
http://www.xlpay.com user to your mail list (e-mail or physical mail)
without their express consent after adequate disclosure, even if said user
has previously made a purchase from you. Our anti-spam policy is strictly
enforced. To report http://www.xlpay.com-related spam to
http://www.xlpay.com, please contact us at .
D. Information Security
Information Security
http://www.xlpay.com handles your customer information with high standards
of information security. We restrict access to your personally identifiable
information to employees who need to know that information in order to
provide products or services to you. We maintain physical, electronic and
procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
The security of your http://www.xlpay.com account also relies on your
protection of your http://www.xlpay.com password. You should not share your
http://www.xlpay.com password with anyone. http://www.xlpay.com
representatives will never ask you for your password, so any e-mail or other
communication requesting your password should be treated as unauthorized and
suspicious. If you do share your http://www.xlpay.com password with a third
party for any reason, including because the third party has promised to
provide you additional services such as account aggregation, the third party
will have access to your account and your personal information, and you may
be responsible for actions taken using your password. If you believe someone
else has obtained access to your password, please change it immediately by
logging in to your account at http://www.xlpay.com and changing your user
settings, and also contact us right away as described in Section F below.
E. Accessing and Changing Your Information
You can review the personal information you provided us
and make any desired changes to such information, or to the settings for
your http://www.xlpay.com account, at any time by logging in to your account
on the http://www.xlpay.com website and changing your user preferences. You
can also close your account through the http://www.xlpay.com website. If you
close your http://www.xlpay.com account, we will mark your account in our
database as “Closed,” but will keep your account information in our
database. This is necessary in order to deter fraud, by ensuring that
persons who try to commit fraud will not be able to avoid detection simply
by closing their account and opening a new account. However, if you close
your account, your personally identifiable information will not be used by
us for any further purposes, nor sold or shared with third parties, except
as necessary to prevent fraud and assist law enforcement, or as required by
law.
F. Contacting Us
If you have any questions about this privacy statement,
http://www.xlpay.com’s information practices, or your dealings with
http://www.xlpay.com, you can contact us at
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