MetaBank Privacy Disclosure

This Privacy Disclosure explains the privacy policies of MetaBank and Plastyc with respect to the UPside Visa^® prepaid card program.

We are committed to protecting our customers’ privacy and security. This disclosure explains what information we collect about you, with whom we share it, and how you can direct us not to share certain information with certain parties.

DEFINITIONS

We, our, and us, means MetaBank, the issuer of your UPside Visa^® card.

You and your, means customers with an UPside card issued by MetaBank, as well as any consumers who enroll for an UPside Visa card issued by MetaBank.

Nonpublic personal information, means information about you that we collect in connection with providing a financial product or service to you. Nonpublic personal information does not include information that is available from public sources, such as telephone directories or government records. Hereafter we will use the term “information” to mean nonpublic personal information as defined by this section.

Affiliate, means a company MetaBank owns or controls, a company that owns or controls MetaBank, or a company that is owned or controlled by the same company that owns or controls MetaBank. Ownership does not mean complete ownership, but means enough to have control.

Nonaffiliated third party, means a person not employed by MetaBank or a company that is not an affiliate of MetaBank.

Opt out, means a choice you can make to prevent certain sharing or use of information. We will explain how you can exercise this choice.

INFORMATION WE COLLECT AND DISCLOSE

We collect and may disclose the following information about you:

o Information you provide on applications or other forms, such as name, address, e-mail address, social security number, telephone number, and date of birth;

o Information about your transactions with us, our affiliates, or other parties, such as card balance, payment history, parties to transactions, and card usage; and

o Information we receive from a consumer reporting agency, such as verification of your identity and creditworthiness.

We may also collect and disclose information about how users use our Web site, for example, by tracking unique views received by pages of the Web site or the domains from which users originate. This information is not personally identifiable. We may also use “cookies” to track returning users to our Web site. A cookie is a piece of software that a Web server can store on the users’ PCs and use to identify the users should they visit the Web site again. Information collected may be associated with nonpublic personal information users provide us through our Web site.

INFORMATION WE SHARE WITH SERVICE PROVIDERS OR JOINT MARKETERS

We may disclose all of the information we collect, as described above, to companies (including affiliates) that perform services on our behalf, including those who assist us in preparing and mailing statements (if applicable) and responding to customer inquiries. We may provide that information, except for information from consumer reporting agencies, to others who perform marketing services for us and to financial institutions that are not our affiliates with whom we jointly offer financial products or services. You do not have the right to opt out of the disclosure of this information.

INFORMATION WE SHARE WITH AFFILIATES

Our respective affiliates include nonfinancial companies, and may include financial service providers, such as insurance companies. In addition to the information we share with affiliates that provide services to us, we may share information described above among our respective affiliates in order to provide you with information about additional products and services. You have the choice to opt out from our sharing of information with affiliates although, even if you opt out, we may still disclose your information as permitted by law.

INFORMATION WE SHARE WITH NONAFFILIATED THIRD PARTIES

We may disclose information to third parties who do not belong to our corporate family. These nonaffiliated third parties may include financial services providers, such as mortgage and insurance companies; nonfinancial companies, such as direct marketers, retailers and publishers; and others, such as nonprofit organizations.

You have the choice to opt out from our sharing of information with these types of third parties although we may still disclose your information as permitted by law. In addition, we generally will not disclose information to nonaffiliated third parties as long as your billing address is in California or Vermont except as permitted by law.

YOUR RIGHT TO OPT-OUT OF DISCLOSURES TO AFFILIATES AND NON-AFFILIATED THIRD PARTIES

If you prefer that we not share nonpublic personal information about you with third parties, you may opt-out of those disclosures at any time by directing us not to make those disclosures (other than disclosures permitted or required by law). You may opt-out by calling Customer Service at (866) 845-6273 or by writing to us at “UPside Cardholder Services”, PO Box 550160 Ft. Lauderdale, Fl 33355-0160.

INFORMATION SECURITY

We restrict access to nonpublic personal information about you to our employees who have a need to know such information (e.g., to process your transactions). We train our employees on the importance of customer privacy and confidentiality. We also maintain physical, electronic, and procedural safeguards that comply with federal standards to guard the nonpublic personal information of our customers.

INFORMATION ABOUT FORMER CUSTOMERS

The privacy policies and practices described in this Privacy Disclosure also apply to our former customers.

PRIVACY PRACTICES OF THIRD PARTIES

Our website may feature links to third-party sites that offer goods, services, or information. We are not responsible for content or privacy policies or practices of any advertisers or linked sites of any third parties. We encourage you to review their privacy policy before providing them with any personally identifiable information. Third party sites may collect and use information about you in a way that is different from this policy.

ACCESS OR CORRECT YOUR INFORMATION

You can access most of your nonpublic personal information that we collect online and maintain at www.upsidecard.com or www.upsideaccount.com. You can correct factual errors in your nonpublic personal information by contacting us at the number or address listed above.

CHANGES TO THIS PRIVACY DISCLOSURE

We may change our Privacy Disclosure from time to time. We will provide current customers with a revised disclosure that describes the new practices as required by law.

SPECIAL NOTICE FOR CALIFORNIA RESIDENTS

In order to comply with California law, if our records with respect to your card indicate a California address we will not disclose information that we have about you outside of our family of companies, unless otherwise permitted by law.

SPECIAL NOTICE FOR VERMONT RESIDENTS

In order to comply with Vermont law, if our records with respect to your card indicate a Vermont address we will not disclose nonpublic personal financial information about you to nonaffiliated third parties, other than permitted by law, unless you authorize us to make that disclosure. Your authorization must be in writing or, if you agree, in electronic form. If we disclose information about you to nonaffiliated third parties with whom we have joint marketing agreements, we will only share information about your name, contact information, and our own transactions and experiences with you.

QUESTIONS

If you have any questions regarding this Privacy Disclosure, you can contact us at (866) 845-6273 or write to us at “UPside Cardholder Services”, PO Box 550160 Ft. Lauderdale, Fl 33355-0160.

UPSide Card Services Privacy Disclosure

This Privacy Disclosure explains the privacy policies of Plastyc Inc. (“Plastyc”) with respect to the UPside Card Services inclusive of customer enrollment, self care and value added services provided through any combination of the UPside Card websites, phone lines and electronic mail and postal mail services, but exclusive of the payment transaction services and card issuance services, which are governed by the MetaBank Privacy Policy.

We are committed to protecting our customers’ privacy and security. This disclosure explains what information we collect about you, with whom we share it, and how you can direct us not to share certain information with certain parties. This Privacy Disclosure applies to all users of our websites and value-added services, whether they are minor or major, and whether they are a prospective cardholder, existing cardholder, or parent/tutor of a prospective or existing cardholder.

1. The Children Online Privacy Protection Act (COPPA)

The Children Online Privacy Protection Act, effective April 21, 2000 applies to the online collection of personally identifiable information and aggregate information from children under 13. We do not knowingly market to or solicit information from children under 13. We have made it a policy at Plastyc to not accept any applications or communications from children under the age of 13. Since we do not collect information from children we are not required by law to comply with COPPA, but we do choose to adhere to its principles. We are not responsible for the data collection and practices of nonaffiliated third parties that may be linked to/from our Web site, with respect to COPPA compliance.

We recognize that protecting children’s identities and privacy online is important and that the responsibility to do so rests with both the online industry and with parents. While Plastyc works to protect your personal information, you also have responsibility.

2. INTERNET SAFETY For CHILDREN

The Internet is a public network. Children’s access to the Internet can allow them to visit inappropriate Web sites and be exposed to unwanted risks. Parents can be proactive by installing filtering software that gives them more control over their family’s Internet experience. Learn more about COPPA at www.coppa.org and on the Federal Trade Commission’s Web Site at www.ftc.gov.

3. DEFINITIONS

We, our, and us, means Plastyc, the marketer and program manager for your UPside Card issued by MetaBank.

You and your, means individuals using the UPside Card websites to enroll into the UPside Card program and manage one or more UPside Cards, once a card has been issued to them by MetaBank.

UPside Card websites, means the publicly-accessible websites operated by or on behalf of Plastyc, such as the upsidecard.com website, the upsideparent.com website, and future websites bearing the UPside logo, as may be brought online from time to time by Plastyc.

Nonpublic personal information, means information about you that we collect in connection with providing a financial product or service to you. Nonpublic personal information does not include information that is available from public sources, such as telephone directories or government records. Hereafter we will use the term “information” to mean nonpublic personal information as defined by this section.

Affiliate, means a company that Plastyc owns or controls, a company that owns or controls Plastyc, or a company that is owned or controlled by the same company that owns or controls Plastyc. Ownership does not mean complete ownership, but means enough to have control.

Nonaffiliated third party, means a person not employed by Plastyc or a company that is not an affiliate of Plastyc.

Opt in, means a choice you make to participate in certain optional services, such as, by way of example, the UPside Loyalty Program which my result in certain sharing and use of your information.

Opt out, means a choice you can make to prevent certain sharing or use of information. We will explain how you can exercise this choice.

4. INFORMATION COLLECTION & USE

Registration

In order to use a large section of this Web Site, you must first complete an online registration form and create a user name and password. During registration you are required to give contact information such as name, address, phone number and email address. We use this information to contact you about the services on our site in which you have expressed interest.

You have the option to provide demographic information such as gender to us; we encourage you to submit this information so we can provide you a more personalized experience on our site.

Application for a Card

If you apply for an UPside Card on our site, we require that you provide certain personally identifiable information, including your name, address, phone number, date of birth, bank account information and/or credit card information and Social Security Number. This information is necessary to process your application and contact you, as well as comply with the USA Patriot Act with respect to the issuance of financial instruments.

As part of the card application process, part of the information you supply to us is transmitted to one of the 3 major US Credit Bureaus, Experian, Equifax or TransUnion solely for the purpose of verifying the consistency of your identity, Social Security Number and address. We do not seek any information pertaining to your credit record from such bureaus.

Further storage and management of the card application information is governed by MetaBank Privacy Policy, as MetaBank is the issuer of the cards.

Participation in the UPside Loyalty Program

Once your application for an UPside Card is successfully approved, you may opt to become a member of the UPside Loyalty Program, allowing you to be granted loyalty points exchangeable for certain rewards, and allowing you to receive special product recommendations and offers from third-party merchants or service providers having partnered with Plastyc to this effect.

During the UPside Loyalty Program opt-in process, we may ask you non-personally identifiable lifestyle information such as preferred music genres, favorite sports, or preferred brands of products. We will use card usage information such as the frequency and amounts of monetary reloads in the card to determine how many loyalty points you may receive.

We will use certain non-personally identifiable information such as zip code, or lifestyle information provided by you during the UPside Loyalty Program opt-in process, to direct product recommendations and offers from third-party merchants to your online account.

No personally identifiable information will be passed along by Plastyc to any third-party merchant as part of the UPside Loyalty Program services. Only if you (a) choose voluntarily to accept a product recommendation or offer, and (b) decide to contact the merchant having originated the recommendation or offer, or (c) decide to redeem some of your points with certain merchant, will any personally identifiable information be possibly accessible to such merchant.

You may opt out of the UPside Loyalty Program at any time through the UPside Card websites.

Visits to the UPside Mall

You may choose to visit the UPSide Mall pages of this website either after having logged in as a registered user or simply as a visitor, i.e. without having entered a username and password. If you visit the UPside Mall as a visitor and choose to click on one of the product or merchant links, your action of clicking will be registered anonymously, i.e. without personally identifiable information, by both our servers and the destination merchant’s servers, for the sole purpose of determining if such selection later results in a purchase by you, and therefore determine the efficiency of the UPside Mall in driving traffic towards its merchants.

If you visit the UPside Mall after having logged in and choose to click on one of the product or merchant links, your action will be registered by our servers as related to you as an individual user, whereas your action will be recorded anonymously without personally identifiable information by the destination merchant.

 

We record your action for the sole purpose of being able to grant you loyalty points, should your action be followed up by a purchase by you from the merchant. Such information will not be shared or sold to any third party.

Participation in Surveys or Contests

From time to time we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information and demographic information (e.g. zip code)

We use this information to notify contest winners and award prizes to participants to monitor site traffic, and to personalize the site to best fit the needs of our customers.

We may use a third party service provider to conduct these surveys or contests; that company is/will be prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior written notice and choice.

Tell-A-Friend

If you choose to use our automated email-based referal service available on the initial pre-registration page of the UPside Card websites to tell a friend about the UPside Cards, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Plastyc stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may contact us at www.upsidecard.com to request that we remove this information from our database.

Sponsor-A-Friend

If you choose to use our automated email-based sponsoring service available post-registration from your main account page of the UPside Card websites to invite a friend to apply for an UPside Card, we will ask you for your friend’s name and email address. We will automatically send your friend an email inviting him or her to enroll for an UPside Card and we will keep track of whether or not your friend as accepted the offer, in order to grant you certain reward if they do accept.

We may keep your friends’ name and email address during a reasonable period of time in order to be able to remind them from time to time about your sponsored invitation.

Your friend may contact us at any time through the UPside Card websites to request that we remove his or her information from our database and stop sending him or her any further email beyond the confirmation of the removal.

Navigating the UPside Card Websites

Plastyc uses information provided by you to customize your user experience while you are using the UPside Card websites, to display information about your transactions and provide account information such as balance, payment history, parties to transactions and card usage.

As is true with most web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies to track returning users to our site.

We do not link this automatically-collected data to personally identifiable information.

We use a third party tracking service (NAME) that uses cookies/log files to track non- personally identifiable information about visitors to our site in the aggregate, e.g. usage and volume statistics to analyze trends, to administer this site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

Supplementation of Information

In order to provide certain services to you we may on occasion supplement the personal information you submitted to us via the UPside Card websites with information from third party sources.
For example:
- Allowing you to enroll for an UPside Card requires that we obtain from the US Treasury’s Office of Foreign Assets Control (OFAC) a confirmation that you are not listed as a Specially Designated National.
- Allowing you to verify your history of payment transactions online via the upsidecard.com website, and to be granted loyalty points, requires that we gather card usage and reloads information from the Visa-certified transaction processor connected to MetaBank, the card issuer.
- Allowing you to reload UPside Cards from a checking account via an UPside Card Website requires that we obtain from your bank the routing details necessary to organize such transfers.

We may also purchase marketing data from third parties and add it to our existing user database to better target our advertising and to provide pertinent offers which we think you would be interested in. To enrich our Profiles of individual customers, we tie that information to the personally identifiable information they have provided to us.

5. CHOICE OPT-IN/OPT-OUT

We provide you the opportunity to “opt-in” to certain optional services making use of personally identifiable information which we may ask you as part of the opt-in process, such as, by way of example, the UPside Loyalty Program offering the combination of a loyalty reward program and product promotions and recommendations.

Such services are opted into entirely on a voluntary basis.

We also provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes, when we ask for this information. For example, you register for a Card but do not wish to receive any additional marketing material from us, you can indicate your preference on our application form.

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication.

You will be notified when any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party collects your personally identifiable information.

6. COMMUNICATIONS FROM THE UPSIDE CARD WEBSITES

Special Offers and Updates

We will occasionally send you information on special services and promotions. You can sign up for these emails on our registration page.

Out of respect for your privacy, we present the option not to receive these types of communications. Please see the “Choice and Opt-out.”

Newsletters

If you wish to subscribe to our newsletter, we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the “Choice and Opt-out.”

Service Related Announcements

We will send you strictly service related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

Customer Service

Based upon personally identifiable information you provide us, we will send you a welcoming email to verify your user name and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

7. INFORMATION SHARING AND DISCLOSURE

Aggregate information (non-personally identifiable)

We share aggregated demographic information about our use database with our partners and advertisers. This information does not identify individual users.

We do not link aggregate data with personally identifiable information.

Service Providers

We may disclose all of the information we collect, as described above, to companies (including affiliates) that perform services on our behalf, including those who assist us in preparing and mailing statements (if applicable) and responding to customer inquiries. We may provide that information, except for information from consumer reporting agencies, to others who perform marketing services for us and to financial institutions that are not our affiliates with whom we jointly offer financial products or services. You do not have the right to opt out of the disclosure of this information. See our Choice/Opt-out section above.

These third parties are prohibited from using your personally identifiable information for any other purpose.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our web site.

8. ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, deactivate or delete it by making the change on our member information page, or by emailing customer support through our secure Contact Us link at the bottom of the member information page.  You may also contact us by telephone at (866) 845-6273 or by postal mail at “UPside Cardholder Services”, PO Box 550160 Ft. Lauderdale, Fl   33355-0160.

9. SECURITY

We restrict access to nonpublic personal information about you to our employees who have a need to know such information (e.g., to process your transactions). We train our employees on the importance of customer privacy and confidentiality. We also maintain physical, electronic, and procedural safeguards that comply with federal standards to guard the nonpublic personal information of our customers.

Although we follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it, no method of transmission over the Internet or method of electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.

If you have questions about security on our Web Site, you can contact us by telephone at (866) 845-6273 or by postal mail at “UPside Cardholder Services”, PO Box 550160 Ft. Lauderdale, Fl   33355-0160.

10. SPECIAL NOTICE FOR CALIFORNIA RESIDENTS

In order to comply with California law, if our records with respect to your card indicate a California address we will not disclose information that we have about you outside of our family of companies, unless otherwise permitted by law.

11. SPECIAL NOTICE FOR VERMONT RESIDENTS

In order to comply with Vermont law, if our records with respect to your card indicate a Vermont address we will not disclose nonpublic personal financial information about you to nonaffiliated third parties, other than permitted by law, unless you authorize us to make that disclosure. Your authorization must be in writing or, if you agree, in electronic form. If we disclose information about you to nonaffiliated third parties with whom we have joint marketing agreements, we will only share information about your name, contact information, and our own transactions and experiences with you.

12. BUSINESS TRANSITIONS

In the event Plastyc, Inc. And Plastyc.com go through a business transition, such as a merger, acquisition by another company, or a sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email and by a prominent notice on our web site of any change in ownership or control of your personally identifiable information.

13. CHANGES IN THIS PRIVACY STATEMENT

If we decide to change our privacy policy, we will psot those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email or by means of a notice on our home page.

14. CONTACT US

If you have questions or suggestions regarding our privacy policy, please contact us by telephone at (866) 845-6273 or by postal mail at “UPside Cardholder Services”, PO Box 550160 Ft. Lauderdale, Fl   33355-0160.