PEX Legal

Privacy Policy

Effective Date: 7/8/2023 (view archived versions).

This Privacy Policy explains how we (Prepaid Expense Card Solutions, Inc. d/b/a PEX, collectively described as "PEX", "we", "us", or "our") may collect and use the data you provide to us when you visit websites hosted or operated by PEX (the “Site”) or apply for and/or use PEX products and services. Our Sites and Services are intended for use only by United States residents, while located in the United States. If you are located in a country other than the United States, you may not have access to our Sites or request and obtain Services from us through those Sites.

Please read this Privacy Policy closely. By visiting the Site and/or providing your Personal Information to PEX and/or using our products and services and/or the PEX Card that was provided to you, you agree that PEX may collect, use, and disclose your Personal Information as described in this Privacy Policy.

If you are a California resident, please click here to read about your rights under the California Consumer Privacy Act.
We collect Personal Information and Aggregate Information. We use the term "Personal Information" to refer to information that can be used to identify an individual, and the term "Aggregate Information" to refer to information that does not allow for such identification (e.g., aggregated demographic information, areas visited on the Site, duration of page views, what browser was used to access the Site, and similar information). The collection, use and storage of Personal Information is described in this policy. The collection of Aggregate Information is also described in this policy. Because Aggregate Information does not personally identify who it pertains to, such information may be used and/or shared by PEX for any purpose.

We may remove identifiers from Personal Information to make it anonymous. After Personal Information has been anonymized, we will treat and use such information as Aggregate Information.

Our Site may contain advertisements and links to other websites. PEX is not responsible for the content, privacy policies, and/or practices of any advertisers or linked websites. Before providing Personal Information to third parties, such parties' privacy policies should be reviewed as they will govern how information disclosed directly to such third-party may be used.
Our products and services and the Site are intended for use by adults only. They are not directed to children under 18 years of age, and PEX will not knowingly collect or use information from children, and we request that such individuals, or any third party acting on their behalf, not use or access the Site or provide any Personal Information through the Site. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete the information.

 

Table of Contents

Why We Collect Personal Information

How We Collect Personal Information 

Types of Personal Information We Collect 

Where We Store Personal Information 

Disclosure of Personal Information 

Confidentiality and Security of Personal Information 

Customer's Choice About Receiving Promotional Materials 

Retention of Personal Information 

Indemnification 

Collection of Aggregate Information via Cookies and Other Methods 

Contact Us 

Rights Under the California Consumer Privacy Act (For California Residents Only) 

Why We Collect Personal Information

To help the government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act, a federal law that requires all financial institutions operating in the United States to obtain, verify, and record information that identifies each business that opens an account with them. This includes Personal Information regarding business owners, representatives, administrators, and/or cardholders. PEX collects and verifies Personal Information on behalf of its partner financial institutions to comply with this and other applicable local, state, and federal laws and regulations.

The Personal Information we collect also enables us to:

  • Grant access to our products and services;
  • Verify identity and detect fraud;
  • Maintain our products and services;
  • Process fund transfers and transactions;
  • Provide services requested through use of the Site;
  • Personalize our service;
  • Provide customer support;
  • Resolve disputes or errors;
  • Collect fees;
  • Troubleshoot problems or bugs;
  • Prevent prohibited or illegal activities, and comply with applicable legal and regulatory requirements;
  • Maintain operational support for PEX general business, accounting, recordkeeping, and legal functions;
  • Measure and improve our services, content, and advertising.

How We Collect Personal Information

We collect Personal Information from you during enrollment and during the use of our products and services. This may include, but is not limited to:

The PEX account application

  • Business name, Employer Identification Number (EIN), operating address, corporate and registration documents
  • Name, address, date of birth, Social Security Number (SSN), phone number, email address, title, government identification for an individual with significant responsibility for managing the business (“Control Person”)
  • Name, address, date of birth, Social Security Number (SSN) for individuals with ownership interest in the business (“Beneficial Owner”)

Use of the services

  • Business bank account information
  • Name, address, phone number, email, date of birth for any individual authorized to use our products and services (“Administrator”)
  • Name, address, phone number, email, date of birth for any individual assigned a PEX Card (“Cardholder”)
  • Username and password
  • Browser and device information

Use of PEX Cards

  • Purchase amount, date, and location
  • Purchase type (merchant terminal, online, digital wallet)
  • Notes or receipts added to the system by administrators or cardholders

Interaction with Sales, Customer Service, or Customer Success team

  • Name
  • Contact information
  • Communication record (email, phone/webinar recording, survey response, chat history)

Types of Personal Information We Collect

Personally identifiable information that PEX may collect includes, but is not limited to:

  • Name
  • Address
  • Date of birth
  • Phone Number
  • Email Address
  • Social Security Number
  • Government ID

Where We Store Personal Information

PEX is located and based in the United States of America. The provision of the PEX products and services, and processing and use of the data you provide to us, is done in the United States. Upon providing us with Personal Information, and/or by accessing and using the Site or the PEX products and services, you consent to the processing, transfer, and storage of such information on, in, and to our servers located within the United States.

Disclosure of Personal Information 

Personal Information we collect may be shared with authorized third party service providers. Such disclosure is often necessary to enable parties to provide us with their services, such as processing such information on our behalf, providing Site maintenance and security, and in connection with providing, improving, or developing certain services. These parties are not permitted to release or utilize Personal Information other than for the purpose(s) of providing their service(s).

Personal data may be disclosed that we believe, in good faith, is appropriate or necessary to:

(i) our partner banks for servicing the products;

(ii) government agencies and authorities when it is required by applicable laws or regulations;

(ii) enforce the terms of this Privacy Policy;

(iii) detect, prevent, or address issues relating to fraud, security breaches, Site integrity, or other technical issues;

(iv) to investigate and defend ourselves against third-party claims or allegations; and/or

(v) to protect against liability or imminent harm to the rights, property, or safety of PEX or other parties as may be required or permitted by applicable laws or regulations.

Confidentiality and Security of Personal Information

Keeping Personal Information secure is very important to us. All of our employees, data processors, and co-hosting facilities with access to unencrypted personal data are bound to the terms of the Privacy Policy, applicable laws and regulations, and such other confidentiality and security measures as we deem necessary. The physical, process-based, and technological safeguards and measures we take to protect Personal Information from accidental loss and unauthorized access, use, alteration, and disclosure are designed to be appropriate for the nature of the information, up to date, and satisfy applicable laws and regulations. This being said, no data transmission over the internet can be guaranteed as entirely secure. We cannot, therefore, ensure or warrant the security of any information sent to us over the internet. If there is reason to believe that an interaction with us is no longer secure, please notify us immediately.

We never ask for Personal Information in our emails. We also never include links to non-secure sites which ask for such information. To determine whether an email that was sent by PEX is legitimate, please contact us by another means. The safety and security of your information requires your active participation, including without limitation protecting and not sharing your access credentials, using strong passwords, and similar.

Customer's Choice About Receiving Promotional Materials

In the event you enter Personal Information into a field whose function it is to request additional information or offers (and is clearly labeled as such), you authorize the delivery of such materials from PEX and/or authorized third parties. You may opt out using the contact methods listed below under the heading "Contact Us.” Due to processing time on the part of PEX and such third parties, please note that it can take several weeks for an opt-out request to be effective.

Retention of Personal Information

PEX will retain your Personal Information for as long as your account is active or as needed to provide you services and up to a period of no longer than five (5) years, unless the period is required to be different under applicable law. To the extent permitted by applicable law, we may also further retain and use your Personal Information only as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements. Because Aggregate Information does not personally identify who it pertains to, such information may be retained by PEX indefinitely.

Indemnification

You are responsible for maintaining the confidentiality of their username(s), password(s), account(s), and all activities occurring under your account(s). You hereby agree to indemnify, defend, and hold us, our agents, representatives and other authorized users, and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and costs) incurred in connection with any claim arising out of any breach by the user of this Privacy Policy.

You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Collection of Aggregate Information via Cookies and Other Methods

As described in the next section, we may gather and store Aggregate Information about Site visitors. The collection of this Aggregate Information enables us to:

  • Measure the number of visitors to various portions of the Site;
  • Diagnose problems with the Site;
  • Administer the Site;
  • Track visitor activity;
  • Learn more about what visitors and our customers expect;
  • Understand the effectiveness of our marketing activities; and
  • Improve the Site.

PEX servers record Aggregate Information automatically sent by visitor and user browsers. One way this is accomplished is through the use of "Cookies.” "Cookies" are small pieces of information regarding visits to and use of websites that are stored by the browser on a computer's hard drive. Additionally, Cookies allow us to identify and link users to PEX Accounts. PEX uses both session Cookies and persistent Cookies. A persistent Cookie remains after you close your browser and may be used by your browser on subsequent visits to the Sites.

These persistent Cookies can be removed, but each web browser is a little different. Please review your browser’s “Help” file to learn the correct way to modify your Cookies setup.

Without acceptance of our Cookie by the user, we would be unable to store session data or other information for subsequent log-ins or future use. We do have the ability to honor “Do Not Track” requests.

We also automatically record certain data using technology, including without limitation “clear gifs” or “web beacons,” Cookies (discussed above), IP addresses, unique “device IDs” (similar to IP addresses), and similar, including without limitation data such as web browser type, the website that referred you to us (if any), the web pages you viewed on the Site, the dates and times that you visited the Site.

Contact Us

For requests or questions related to Aggregate Information and Personal Information, you may contact us using the methods detailed below.

By Mail
PEX Customer Service
P.O. Box 549 Midtown Station
New York, NY 10018

Cardholder:
1-866-685-0898
[email protected]

Administrator:
1-866-685-1898
[email protected]

Rights Under the California Consumer Privacy Act (For California Residents Only)

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act/Consumer Privacy Rights Act  (“CCPA,” “CPRA”). Personal information does not include publicly available information from government records; anonymized or aggregated consumer information; and information governed by the federal Gramm-Leach-Bliley Act (GLBA), the federal Fair Credit Reporting Act, the California Financial Information Privacy Act, or the Driver’s Privacy Protection Act. We do not knowingly collect data on any consumer that is 16 years of age or younger.

 We may collect “sensitive personal information,” however we do not sell or share such information.

 In the last 12 months, we may have collected the following categories of personal information: identifiers (such as name and contact information), demographic information (such as age and gender), commercial information (such as products purchased), internet or other electronic network activity information (such as browsing behavior), geolocation data, audio, electronic, visual or similar information (such as customer support calls), and inferences we make (such as preferred activities). This information may have been provided directly by you or indirectly by you when interacting with our website.

 We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new orders or process transactions.
  • To provide, support, personalize, and develop our Site, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To extent permitted by applicable law, we may share your information to personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, via email or text message, and/or other marketing activities.
  • To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users and consumers are among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Subject to certain exemptions, the CCPA provides California consumers the following rights:

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete”), we will provide you with required information.

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete”), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request as allowed by law.

We will delete or de-identify personal information when required by law and will direct our service providers to take similar action.

Right to Correct

You have the right to request that we correct inaccurate Personal Information that we may maintain.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by contacting us using the methods detailed below.

Cardholder:

1-866-685-0898
[email protected]

Administrator:

1-866-685-1898
[email protected]

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. You may be required to provide additional information necessary to confirm your identity or, if you are an authorized agent, to confirm your authorization to make such a request. Authorized agents may be required to submit a letter on company letterhead stating the named person’s authority to act as an authorized agent, or other reasonable documentation establishing such authority.

You do not need to create an account with us to submit a request to know or delete.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us using the contact information included in the section above called “Exercising Your Rights to Know or Delete.”

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

We do not sell the personal information we collect.

California consumers may make a rights request by contacting us at the information in our Privacy Policy.