Last Updated: August 28, 2015

Our commitment to your privacy

Libertas Inc. (“Libertas”) is committed to protecting your privacy. This Privacy Policy sets forth Libertas’ policies and procedures regarding the collection, use and disclosure of personal information (“Personal Information”). Libertas receives Personal Information from users of Libertas’ website located at www.Libertas.com (the "Website") as well as Libertas’ Platform services (the " Platform") that Libertas makes available to its customers (referred to herein as the issuers of a Wallet application) and their end users.

Libertas may provide our customers with a hosted Platform to facilitate the processing of payment transactions for their end users via a customer’s wallet application (a “Wallet”). The Platform is not a part of our Website. Libertas is not directly responsible for informing end users about the privacy practices of our customer issuers of Wallets. The privacy practices of our customers to whom an end user may submit Personal Information or Cardholder Data is governed by the privacy policy published by our customer. Any questions, comments or complaints about the data practices (including without limitation compliance with data privacy principles of notice, choice, transfer, access, security, quality, or monitoring and enforcement) of one or our customers for whom Libertas services through the Platform should be directed to that customer.

Scope

This Privacy Policy applies to all Personal Information received by Libertas through the Website and the Libertas Platform. This Privacy Policy also provides Libertas customers with information about Libertas’ privacy practices and the privacy choices available to them with respect to the collection, use and disclosure of Personal Information through the Platform. Libertas customers are obligated to protect Personal Information collected through the Platform and to inform their end users of Libertas’ privacy practices.

Contacting Us

If you have any questions about this Privacy Policy, please contact us by email at privacy@libertas.net or by regular mail at:

Libertas Inc.
Attn: General Counsel

204 Scarborough Rd.

Toronto, ON M4E 3E6

Canada

Choice and Consent

Your use of the Libertas Website and/or Libertas’ Platform constitutes your consent and agreement to this Privacy Policy. If you do not agree to the terms set forth herein, please do not continue to use the Website or Platform. This Privacy Policy may be updated and revised from time to time and you are deemed to have accepted the most current version each time you use our Website and/or Platform. If we make changes to this Privacy Policy that we believe to be material regarding our collection, use or disclosure of Personal Information, we will endeavor to post a prominent notice on our Website at least thirty (30) days prior to our implementation of such material changes.

You may also decline to submit Personal Information through the Libertas Platform, in which case Libertas and our customer issuers of Libertas applications may not be able to provide certain services to you. You may update or correct your account information at any time by logging in to your account. Any questions, comments or complaints about access to or update of your Personal Information collected by our customers for whom Libertas services through the Platform should be directed to that customer.

You can review and correct information about you that Libertas collects through our Website by contacting us as described above.

Collection of Your Personal Information

By using this Website or registering for our Platform, you voluntarily and willingly provide us with certain information, including Personal information, which we collect in order to provide services on the Website and our Platform. Personal Information that we collect may include, but is not limited to, your name, phone number, credit card or other billing information, email address and home and business postal addresses. Personal Information may also include information you supply to us concerning your preferences and interests expressed in the course of use of our Website and the Libertas Platform. If you are unsure whether you would like to provide information to us and/or having your information used as permitted in this Privacy Policy and our Terms of Use, you should not register for the Libertas Platform or, if you are already a user of the Libertas Platform, you can close your account by contacting the issuer of your Libertas moile wallet application. You are responsible for providing Libertas with accurate and complete Personal Information and contacting the issuer of your Wallet application if correction of such information is required.

We collect your information from you in the following ways:

Registration. When you register for or use a Libertas account, we collect the following information:

  • When you register: we collect your name, location, phone number, email address and other related information.
  • When you register to make payments: we collect bank account and payment card numbers, and information about financial institutions where you conduct business.
  • When you use our Platform: we record your account transactions, transaction location, and we may collect information about your computer or access device.

Additional information from or about you may also be collected in other ways, including responses to user surveys or your communications with our customer service team or the customer service team of the issuer of your wallet application. If you decide not to share certain information, you may not receive the full benefit of being a Libertas user or have access to any or all of the features and functionality of the Libertas Platform.

Site Usage. When you visit our Website, our servers automatically record information that your browser sends whenever you visit a website. This information may include, but is not limited to, your computer’s Internet Protocol address, browser type, the web page you were visiting before you came to our site and information you search for on our site. We may also collect information about the fact that you use certain features and functionality of our Platform and your responses to our surveys and research initiatives.

Cookies. Like most websites, we use “cookies” and web log files to collect information to track site usage and trends, to improve our service, and to deliver a customized experience. A cookie is a small data file that resides in the memory of your computer, mobile phone or other device and enables us to recognize you when you return to our site or log into our service. We may use “persistent cookies” to save your registration ID and login password for future logins to the site. We may also use “session ID cookies”, which expire after a short period of time or when you close your browser. Session ID cookies are used to identify a particular visit and are used to enable certain features of the site or service, to better understand how you interact with the site and service, and to monitor aggregate usage and web traffic routing on the site. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Website, receive the full benefit of being a Platform user or have access to all of the features and functionality of the Platform.

Log Files, IP Addresses and Information About Your Computer and Mobile Device. When you visit our Website or use our Platform, the communications standards on the Internet result in our automatically receiving the URL of the site from which you came from and the site to which you are going when you leave our site or service. We also receive the IP address of your computer, your computer or mobile device operating system, the type of web browser you are using, and the name of your ISP or mobile carrier.

Third Party Collection . Certain contracted third-parties use cookies and clear graphics interchange formats (GIFs) on our sites, which allow them to recognize a user's cookie when a user visits our sites. The information that these third parties collect and share through this technology is only collected in the aggregate and not personally identifiable. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by Libertas only and does not cover the use of cookies by any third parties.

California Do Not Track Notice. Although Libertas does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your web browser allows you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

Social Media Features. Our website includes Social Media Features, such as the Facebook Like button, Tweet button, and other Widgets which are interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the third party providing it. Third parties cannot collect any other personally identifiable information from Libertas’ Website or Platform unless you provide it to them directly.

Review of Collection Practices . Libertas regularly reviews applicable laws, rules and regulations to ensure that your Personal Information is collected by Libertas (i) fairly, without intimidation or deception and (ii) lawfully. To the extent Libertas collects Personal Information of a user from a third party, Libertas ensures that such information was collected fairly and lawfully. Libertas may collect Personal Information about you from its customers and partners and will inform you if it develops or acquires additional Personal Information about you for Libertas’ use.

Use of Your Information

Personal Information is used by Libertas only for the purposes set forth in this Privacy Policy and only if you have provided implicit or explicit consent unless a law or regulation specifically requires otherwise or if we believe that such action is necessary to (a) comply with applicable laws, rules and regulations, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of Libertas, our users or others.

Consent to Use of Your Information. By submitting information, including Personal Information, to Libertas, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy. You have the right to withdraw your consent to Libertas’ collection and use of your information by changing your account settings or closing your account, but your withdrawal of consent will not be retroactive. We may use the information you provide to (i) provide our Website and Platform to you and administer your use of our Website and Platform, (ii) to communicate with you and fulfill requests you may make, (iii) to provide you with information and announcements with respect to our Platform, and (iv) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on services and products offered by us or third parties.

Libertas Communications . Libertas may use your Personal Information to communicate with you through email and text messages and notices posted at the Libertas Website or your Libertas account. If you decide at any time that you no longer wish to receive any such communications, please follow the “unsubscribe” instructions provided in any of the communications sent to you, or update your “account settings” information.

Improvements and Customization. We may also use the information provided by you or obtained through your use of our Website or Platform to improve our Website, Platform, products, services, features and content, to customize your user experience, and to better understand your needs and interests.

Management and Administration. We use information we obtain by technical means (such as the automatic recording performed by our servers or through the use of cookies) for the above purposes as well as to monitor, measure and analyze use of the Website and Platform, to generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users. For example, we use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Website; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses; and (f) help you efficiently access your information after you sign in.

Location-Based Services. To provide location-based services via our Platform, Libertas and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your mobile device. This location data is used by Libertas and our partners and licensees to provide and improve location-based products and services.

Retention and Disposal of Your Information. We will retain your Personal Information for as long as your account is active or as needed to provide you services or as may otherwise be required by law or regulation. We will retain and use your Personal Information as we in good faith believe it necessary to (1) comply with the law or with legal process including court orders or subpoenas; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of our Website or Platform; or (4) protect the personal safety or property of our users or the public. Personal Information is disposed of in a secure manner designed to prevent loss, theft, misuse or unauthorized access.

Requests to close your account on the Platform or requests to dispose of your Personal Information collected by our customers should be directed to that customer.

Requests to dispose of your Personal Information that Libertas collects through our Website should be directed to the Libertas contact information described above.

Sharing of Your Personal Information

General. We do not sell, rent or otherwise provide your Personal Information to third parties for marketing purposes. Further, we only share your Personal Information with third parties, including our customer issuer of the wallet application, to carry out your instructions or to provide the Platform and its related services. We may provide aggregated anonymous data about the usage of the Libertas service to third parties for purposes that we deem, in our sole discretion, to be appropriate, including to prospective advertisers.

Payment Transactions. Processing payment transactions requires that we share your Personal Information and Cardholder Data with third parties, including but not limited to:

  • Service providers who provide us a range of essential operational services including fraud prevention, transaction processing, collections, direct marketing, and managed technology services.
  • Financial institutions that allow us to offer your payment processing services, and partner with us to develop new offerings for you and other Libertas members.
  • Retailers and merchants who may accept payments initiated by you using Libertas’ Platform.
  • Law enforcement authorities or government representatives who may require us to share information in order to comply with court order and other legal mandates, or when we believe that disclosure is necessary to report suspicious activities, prevent physical harm, financial loss, or violations of our agreements and policies.
  • Other third parties, subject to your prior consent or direction. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and are bound by confidentiality agreements that limit the use of your Personal Information.

Service Providers, Business Partners and Others. We may employ third party companies and individuals to facilitate our Platform and its related services, to provide the Platform on our behalf, to perform related services (including but not limited to data storage, maintenance services, database management, and web analytics) or to assist us in analyzing how our Website and Platform are used. These third parties have access to your Personal Information only for purposes of performing these tasks on our behalf and are bound by confidentiality agreements that limit the use of your Personal Information.

Compliance with Legal Process; Protection of Libertas, its Users and the Public. We may be required to disclose your Personal Information, profile information and/or information with respect to your use of the Libertas Platform and your activities as a Libertas user if required by subpoena or other legal process or requirement or if Libertas reasonably believes that such disclosure is necessary (i) to investigate, prevent or take action with respect to suspected or actual illegal activities or to assist government enforcement agencies, (ii) to protect the safety of any person from death or serious bodily injury, (iii) prevent fraud or abuse of Libertas, the Libertas Platform, Libertas’ third party service providers, Libertas’ customers, users or the public, (iv) to enforce the Libertas Terms of Use, (v) to investigate and defend ourselves against any third party claims or allegations or to protect the security or integrity of our Website and/or Platform, (vi) to exercise or protect the rights and property of Libertas, its customers, users, third party service providers and the public.

Business Transfers. Libertas may sell, transfer or otherwise share your information to a third party in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy of Libertas and you agree that any such third party will have the right to continue to use your Personal Information and other information that you provide to us or which we obtain through your continued use of the Platform.

Accessing Your Information

Libertas supports users of the Platform in taking reasonable steps to ensure that a user’s Personal Information is accurate, complete, and current to its intended use. We provide users with reasonable access to the Personal Information that users provide to us, as well as the ability to review, correct or request the deletion of such information. For example, you may access, review, revise, correct, or delete the Personal Information provided in your registration or account profile by changing your “account settings.” If you update any of your information, we may keep a copy of the information that you originally provided to us in our archives for uses documented in this Privacy Policy. Libertas and/or our customer issuers of wallet applications may require you to authenticate your account prior to granting you access to your Personal Information and will inform you if access to your Personal Information has been denied and the reasons for such denial.

If you wish to access the Personal Information you have submitted to our Website for the purpose of updating or deleting it, you may do so by sending us an email at privacy@Libertas.com. In this case, Libertas may also take reasonable steps to verify your identity before granting access to your Personal Information and will inform you if access to your Personal Information has been denied and the reasons for such denial.

Compromise

In the event that Personal Information is compromised as a result of a breach of security, Libertas and/or our customer issuers of Wallet applications will promptly notify those persons whose Personal Information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, by email, or as otherwise required by applicable law.

Notifications

Any notifications, whether such notifications are required by law or are for marketing or other business related purposes, will be provided to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Libertas in its sole discretion. We reserve the right to determine the form and means of providing notifications to you.

Changes to this Privacy Policy

Libertas may update this Privacy Policy from time to time, to, among other things, reflect changes to our website, products and services and customer feedback. We will notify you of changes to this Privacy Policy by posting an updated version at https://www.libertas.net/privacy and will revise the “Last Updated” date above. We encourage you to periodically review this Privacy Policy to be informed with respect to how Libertas protects your personal information and of any changes to this Privacy Policy. Using the Libertas Website and/or Platform after a notice of changes has been sent to you or published on our Website or via the Platform shall constitute consent to the changed terms and practices. Unless stated otherwise, our current Privacy Policy applies to all information that Libertas has about you and your account.

Security of Your Personal Information

Although Libertas uses industry standard security measures, the Internet is not a 100% secure environment and Libertas cannot, and does not, ensure or warrant the security of any information you transmit or store using the Libertas Website or Platform. There is no guarantee that your information may not be accessed, disclosed, altered or destroyed by breach of any of Libertas’ physical, technical or managerial safeguards and we are not responsible for third party circumvention of your privacy settings or Libertas’ security measures. You are responsible for maintaining the secrecy of your unique password and account information and for controlling access to your account.

Policy with Respect to Children

Children are not eligible to use our Platform and children under the age of 13 should not submit any personal information to us or use the Platform. Also, our Website is not directed to children under 13 years of age.

We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@libertas.net. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Quality

As set forth above, Libertas will take reasonable steps to ensure that Personal Information is accurate, complete, and current to its intended use. Libertas will only use Personal Information in ways that are compatible with the purposes for which it was collected or subsequently authorized by you.

Monitoring and Enforcement

Libertas regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or Libertas’ treatment of Personal Information by contacting us by email at privacy@libertas.net.

Third Party Links

When you click on links on our Website or through our Platform, you may leave our Website or Platform. Libertas does not control those sites or the privacy practices of those third-party sites, which may differ from Libertas privacy practices. We do not endorse or make any representations about third-party websites, and the personal data you choose to provide to third-party websites is not covered by this Privacy Policy. We are not responsible for the privacy practices of other websites or service providers and we encourage you to read the privacy statements at such websites.

LIBERTAS PLATFORM

Libertas may provide our customers with a hosted Platform to facilitate the processing of payment transactions for their end users via a customer’s wallet application (a “Wallet”). The Platform is not a part of our Website. Libertas is not directly responsible for informing end users about the privacy practices of our customer use of Wallets. The privacy practices of our customers to whom an end user may submit Personal Information or Cardholder Data is governed by the privacy policy published by our customer. Any questions, comments or complaints about the data practices (including without limitation compliance with data privacy principles of notice, choice, transfer, access, security, quality, or monitoring and enforcement) of one or our customers for whom Libertas services through the Platform should be directed to that customer.

The following information discloses how Personal Information and personal financial information such as credit or debit card account numbers, expiration dates, and security codes (“Cardholder Data”) is submitted to our Platform and our privacy practices with respect to our collection, use and disclosure of such Personal Information and Cardholder Data.

Libertas processes Personal Information and Cardholder Data submitted by a user of a Wallet only when the user chooses to provide such information. For example, a user may be required to provide his/her name, address, phone number and e-mail address and Cardholder Data in order to create an account, register for service, complete a transaction or use functionality of the Platform. Libertas may use and process such Personal Information to, among other things, provide account registration, authentication, transaction processing and similar services in connection with the provision of the Platform.

A user that uses a credit or debit card, or any other method of payment for which we provide our customers transaction processing services, is required to provide certain Cardholder Data in order to process the transaction, including the customer's name and credit card number. During the course of providing transaction processing services via the Platform, we may disclose such Cardholder Data to banks, processors, credit and debit card organizations and associations, and other financial institutions, some of which may include our customers, that are involved in the course of effecting the transaction represented by the Cardholder Data. In addition, we may disclose some or all of the information we collect, to our affiliated companies or to non-affiliated third parties (subject to contractual confidentiality provisions to protect such information) such as a vendor or service company that we hire to provide support or services for our Platform. We will not disclose Cardholder Data to any third party, except to facilitate and complete transactions submitted to us, or otherwise in the course of providing services to our customers and their users, or to comply with federal, state and local laws or the rules and regulations of the respective card organizations or other payment entities (e.g. Visa, MasterCard, American Express, etc.).

Libertas may contract with third-party service providers to perform certain functions of the Platform on behalf of our customers and their users or to enhance our existing product and service offerings, such as product and service support. These third parties may have access to a user’s Personal Information and/or Cardholder Data as necessary to permit them to perform their functions. They are bound by confidentiality agreements or similar contractual restrictions with respect to any information that is provided to them and they are prohibited from using the information for other purposes.

Libertas has implemented various measures, including appropriate administrative, technical and physical safeguards, designed to ensure the security and confidentiality of Cardholder Data and Personal Information, protect against anticipated threats or hazards to the security or integrity of such information, and protect against unauthorized access to or use of such information, including a variety of industry standard physical and logical access controls, firewalls, intrusion detection/prevention systems, network and database monitoring, and backup systems. We use SSL encrypted sessions when processing or transferring Personal Information and Cardholder Data through the Platform. Libertas continually reviews and enhances its security systems, as necessary. Libertas is subject to the detailed rules and regulations of the various credit and debit card organizations and networks (i.e. VISA, MasterCard, American Express, etc.), relating to the security and safeguarding of Cardholder Data, including, but not limited to, the Payment Card Industry Data Security Standards ("PCI DSS"). Libertas endeavors to comply with all such rules at all times. Pursuant to such rules and regulations, Libertas is required to undergo periodic third-party assessments and periodic network scans to ensure that appropriate security measures are in place. Libertas’ customers may also be required to comply with various rules and regulations of the various credit and debit card organizations and networks relating to the security and safeguarding Cardholder Data, including, but not limited to, PCI DSS and may be required to undergo periodic third-party data security assessments and periodic network scans to ensure that appropriate security measures are in place.

We limit access to users’ Personal Information and Cardholder Data to those persons who have a specific business purpose for maintaining and processing such information. Libertas employees and contractors who have been granted physical access to a users’ Personal Information and/or Cardholder Data have been made aware of their responsibilities to protect the confidentiality, integrity, and availability of that information and have been provided training and instruction on how to do so.