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clearXchange® is becoming Zelle®!

clearXchange Terms of Use

Last updated: December 23, 2015

clearXchange LLC operates this website (“Website”) to provide on-line access to information about clearXchange, its products and its services. By accessing and using this Website, you agree to each of the terms and conditions set forth in these Terms of Use. The registration and use of clearXchange.com services shall be subject to the separate terms and conditions of the clearXchange.com User Service Agreement as modified from time to time. clearXchange reserves the right to modify the Terms of Use at any time without notice and your use of the Website following any modification expresses your agreement to accept and be bound by the Terms of Use as modified.

Internet Browsers

Up-to-date Internet browsers that we support include Internet Explorer 10.x or higher, Safari 3.2.x or higher, Firefox 32.x or higher and Chrome 38.x or higher, Mac OSX Safari 5 and higher, Safari for iOS 6 and higher, Chrome for iOS, and Chrome for Android.

Use of Website

You may use the Website and the information, images, downloadable resources and other content on the Website only for purposes to learn about clearXchange, its products and its services and for no other purposes. clearXchange transfers no right, title or interest in any content on the Website to you, whether as a result of your downloading or printing content or otherwise. You may not use, alter, copy, distribute, transmit our Website content, or create another work based on that content, except in any case as expressly permitted by these Terms of Use. clearXchange maintains certain copyright and other intellectual property rights in and to the information, images, text, design and layout of the Website, and your unauthorized use of those materials and concepts is prohibited.

You represent that you are at least eighteen (18) years of age. If you are under the age of 18, you represent that you are accessing or using this Website while under direct supervision of your parent or legal guardian.

You agree that you will not use this Website for any unlawful purpose or for any purpose prohibited by the Terms of Use. The purposes prohibited by these Terms of Use include:

  • Selling, reselling or offering for sale or resale any content or aspect of this Website;
  • By-passing any measures clearXchange uses to prevent, restrict or otherwise limit access;
  • Using the Website to send altered, deceptive or false information;
  • Using the Website to intercept, collect or store personal information of others;
  • Using the Website to spam or phish or otherwise impact the operation of Website or the integrity of the use of the Website by clearXchange or others;
  • Accessing, monitoring or copying any content or information on the Website, including but not limited to by means of robots, screen scrapers, data mining software or similar tools;
  • Framing or otherwise incorporating all or any portion of the Website into any other site;
  • Decompiling, disassembling or reverse engineering any of the software or content used in any part of the Website;
  • Placing, sending or otherwise transmitting any malware, virus or using any malicious programs or techniques in connection with the Website;
  • Overloading or otherwise crashing or attempting to crash the Website; and
  • Engaging in any high volume data transfers or bandwidth use via any use of the Website.

Use of Marks

You may not copy or use the names, marks or logos of clearXchange or those of any of its network banks in whole, in part, in modified form or otherwise. Certain third-party trademarks, logos and brands may appear on the Website, and those are the sole property of their respective owners. clearXchange is independent of its network banks, and none of the terms of any agreement between you and a network bank has any effect on or relation to these Terms.

Links

We provide links to third party Websites (for example, any link to the homepage of any of our network banks) solely as a convenience to you. No such links constitute or imply any endorsement, sponsorship or recommendation by clearXchange of that third party, its website or the contents of its website and clearXchange has no responsibility or liability for any third party website. You acknowledge and agree that if you use those links, you will be subject to that third party's terms of use, its privacy policy or information security policy or any other terms, policies, conditions or agreements applicable to that third party's website.

You may not link or otherwise connect our Website or any content on our Website without our prior written permission to do so.

Disclaimer of Warranties

CLEARXCHANGE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ITS CONTENT. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT OUR PRODUCTS OR SERVICES ON THIS WEBSITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE AND ITS CONTENT AND ANY PRODUCT OR SERVICE DESCRIBED. CLEARXCHANGE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. CLEARXCHANGE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. WE MAKE NO GUARANTEE OR WARRANTY THAT THE WEBSITE OR ANY USE OF THE WEBSITE WILL BE FREE OF INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS.

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

ALL RIGHTS, OBLIGATIONS AND COVENANTS OF CLEARXCHANGE AND ANY CLEARXCHANGE CUSTOMER WITH RESPECT TO ANY CLEARXCHANGE PRODUCT OR SERVICE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF A DEFINITIVE CUSTOMER SERVICE AGREEMENT EXECUTED AND DELIVERED BY THE PARTIES TO THAT AGREEMENT. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE CUSTOMER SERVICE AGREEMENT, THE CUSTOMER SERVICE AGREEMENT WILL CONTROL.

Limitation of Liability

IN NO EVENT WILL CLEARXCHANGE, ITS OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED OR THE CONTENT, OR (III) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED, OR THE CONTENT, EVEN IF CLEARXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF CLEARXCHANGE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification

You agree to indemnify, defend and hold harmless CLEARXCHANGE, its owners, directors, officers and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website or its content, or any violation by you of these Terms of Use.

Miscellaneous

These terms will be governed by and construed under the laws of the State of Delaware, excluding only its conflict of law provisions. By using the Website, you hereby submit to the exclusive jurisdiction of the courts within the State of Delaware, and waive any jurisdictional venue or inconvenient forum objections to such courts. You further agree to comply with any applicable federal, state and local laws in your use of the Website.

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The clearXchange.com User Service Agreement

Last updated: March 17, 2019

YOU MUST AGREE TO THESE TERMS TO ENROLL FOR THE SERVICE PROVIDED BY CLEARXCHANGE, LLC AND DESCRIBED BELOW. BY AGREEING TO THESE TERMS, YOU ALSO AGREE TO THE TERMS OF THE CLEARXCHANGE PRIVACY NOTICE (THE "PRIVACY NOTICE") REFERENCED IN SECTION 4 OF THESE TERMS AND THE CLEARXCHANGE E-SIGN AGREEMENT. THESE TERMS, ALONG WITH THE PRIVACY NOTICE AND E-SIGN AGREEMENT, GOVERN YOUR USE OF THE SERVICE AND AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING MANDATORY INDIVIDUAL ARBITRATION OF DISPUTES (see Section 21). PLEASE READ THEM CAREFULLY.

1. Description of Service

  • clearXchange, LLC provides a network directory service (the “Network Directory”) to U.S. financial institutions who participate in the Network Directory (our “Network Banks”) to enable convenient transfers of money between their deposit account holders registered with their respective payment services (each, a “Network Bank Customer”) using email addresses or mobile phone numbers. clearXchange provides a service for individuals who have no deposit account with our Network Banks to enable such clearXchange.com Users (each “User”) to receive money from a Network Bank Customer using the User’s email address or mobile phone number (the “Service”).
  • clearXchange provides no deposit account or other financial services. clearXchange neither transfers, moves nor initiates the transfer or movement of money. You may not establish a financial account with clearXchange of any kind and your agreement to be a User relates to your registration of an email address or mobile phone number as your profile identification in the Network Directory and your permission for clearXchange to share your personal information (including your bank account number provided to clearXchange) with our Network Banks for the purpose of completing money transfers between Network Bank Customers and you. Our Service to you as a User will be provided at all times subject to the terms and conditions of this Service Agreement.

2. Accepting this Service Agreement

You must have a U.S. checking or savings account to be a User and your financial institution must permit electronic funds transfers to that account. When you register to use the Network Directory and the Service or establish a profile on clearXchange.com (the “Site”) or access your profile on the Site or permit others to use or access the Service, you agree to the terms and conditions of this Service Agreement. You represent that you are at least 18 years of age, you have the authority to authorize credits to the registered bank account, and you agree that you will not use the Service for any unlawful purpose. Subject to applicable law, we may amend or change this Service Agreement (including any applicable fees and service charges) from time to time, in our sole discretion, by posting the updated terms on the Site. Please access and review this Service Agreement regularly. If you find the Service Agreement unacceptable to you at any time, promptly cancel your profile and enrollment with clearXchange and immediately discontinue your use of the Service. Your continued access of our Site or use of our Service after any amendment, modification or change to the terms and conditions of this Service Agreement shall constitute your agreement and acceptance to such amendment, modification or change.

You may register a profile with clearXchange with multiple email addresses or mobile phone numbers; however, you may register one bank account only. You understand that you will be ineligible to register as a User with a bank account at a Network Bank.

3. Consent to Share Personal Information (Including Account Information)

By accepting this Service Agreement, you consent to our disclosure of your personal information (including bank account information) to our Network Banks or other third parties for the following purposes:

  • As necessary for our Network Banks to complete money transfers between Network Bank Customers and you;
  • As necessary to resolve a problem related to a transfer or payment between you and a Network Bank Customer;
  • To verify the existence of your bank account for our Network Banks;
  • To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
  • To comply with inquiries in connection with fraud prevention or any investigation; For our general business purposes, including without limitation data analysis and audits; or
  • As otherwise permitted by the terms of our Privacy Notice.

Further, if you register an account at a financial institution and that financial institution later becomes a Network Bank, you authorize us to share relevant information about you and your account with that financial institution.

Except as otherwise provided above, clearXchange will neither disclose nor share any of your personal information with our Network Banks, affiliates or any third party for purposes of marketing their or clearXchange’s products or services to you.

4. Privacy and Information Security

clearXchange makes the protection of your information a top priority. You can access our Privacy Notice at https://www.clearXchange.com/legal#privacy, which is incorporated into and made a part of this Service Agreement by this reference.

5. Registering Your Emails or Mobile Numbers; Consent to Email or Automated Text Messages

  • To participate as a User, you must first register your email address or mobile phone number as a profile ID in the Network Directory. You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers).
  • You must register through the Site from your personal computer or a web-enabled tablet or mobile device.
  • We require you to use an email address as your username for access and to establish a password that meets the security requirements described on our Site.
  • At registration, we will collect information from you necessary to verify your identity, which we will do to protect you and us from fraud and to comply with applicable laws. We reserve the right to deny your registration or request additional information from you if you do not provide us with this information, if we cannot verify your identity, or if we have concerns about fraud or security.
  • We also may request additional information about you from time to time. We may cancel or suspend your registration or block a transaction if you do not provide us with this information, if we cannot verify your identity with the information you provide, or if we have concerns about fraud or security. Once registered, you may receive money from any Network Bank Customer at that customer’s initiation.
  • By participating as a User, you represent to clearXchange that you are the owner, or that you have the authority to act on behalf of the owner, of the email address or mobile phone number you register as a profile ID in the Network Directory. You consent to the receipt of emails or text messages from clearXchange, a Network Bank or their agents regarding our Service or related transfers between our Network Banks and you. You agree that clearXchange or its agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you register. You further acknowledge and agree:
  • You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service.
  • You and clearXchange are solely responsible for the content transmitted through the text messages sent to and from clearXchange.
  • In addition, in the case of any messages that you may send through clearXchange or that clearXchange may send on your behalf to an email address or mobile phone number, you represent to clearXchange that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient.
  • To cancel text messaging from clearXchange, send STOP to 31061. For help or information regarding text messaging, send HELP to 31061 or contact clearXchange customer service at 866-839-3488 or +1 501-748-8506. You expressly consent to receipt of a text message to confirm your “STOP” request.

6. Consumer Reports

By using the Service, you authorize clearXchange and the Network Bank that is processing a transfer between you and the Network Bank Customer, to obtain consumer reports about you from a consumer reporting agency. This information is used to process your registration, to verify your identity, to verify your bank account information and to protect against or prevent actual or potential fraud or unauthorized use. We reserve the right to decline your registration if we are unable to verify your identity or your bank account information.

7. Receiving Money; Money Transfers by Network Banks; Liability for Failed Transactions

All transfers of money to you shall be performed by a Network Bank per the direction of that Network Bank Customer and at all times subject to the terms and conditions of the relevant service agreement between that Network Bank and its customer, including without limitation any restrictions or prohibitions on permissible transactions. Once a Network Bank Customer initiates a transfer of money to an email address or mobile phone number registered in the Network Directory, you have no ability to stop it. By using the Service, you agree and authorize our Network Banks to initiate credit entries to the bank account you have registered with clearXchange. Credit entries to your account and the transmission and issuance of data related to such entries shall be processed pursuant to the terms of this Service Agreement and the rules of the National Automated Clearing House Association ("NACHA") and the applicable automated clearing house ("ACH Operator") (collectively, the "Rules") and you, we and the Network Banks agree to be bound by such Rules.

Except as otherwise provided below in Section 10, clearXchange shall have no liability to you for any such transfers of money by our Network Banks, including without limitation, (i) any failure by a Network Bank to complete a transaction to your bank account in the correct amount or (ii) any related losses or damages.

8. Transaction Errors

If you have a question about a transfer that you received or expected to receive, then you should contact the sender first and attempt to resolve the issue. ALL QUESTIONS ABOUT TRANSFERS FACILITATED BY CLEARXCHANGE SHOULD BE DIRECTED TO US AND NOT TO THE FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT.

We will not send you a periodic statement listing transfers facilitated through clearXchange. Those transfers will appear only on the statement issued by your financial institution. PLEASE RETAIN THE RECORDS FROM YOUR USE OF THE SERVICES AND CHECK THEM AGAINST THE STATEMENT YOU RECEIVE FROM YOUR FINANCIAL INSTITUTION.

In case of errors or questions about your transactions facilitated through clearXchange, please contact us by telephone at 866-839-3488 or +1 501-748-8506 or by e-mail at TransactionError@clearXchange.com as promptly as you can. You understand that clearXchange hosts a centralized database of information to facilitate payments, but neither initiates nor processes electronic payments or transfers directly.

Please contact us immediately if:

  • YOU BELIEVE THAT YOUR CLEARXCHANGE PASSWORD HAS BEEN STOLEN OR COMPROMISED OR THAT SOMEONE USING THE SERVICE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR BANK ACCOUNT WITHOUT YOUR PERMISSION.
  • Your bank statement or transaction record reflects an error in a money transfer using the Service.
  • You need more information about a money transfer using the Service.
  • An unauthorized person has discovered your clearXchange password and may divert money meant for you to their account.
  • You believe that someone has transferred money to you using the Service but you did not receive it.

IF YOU BELIEVE THAT THE SERVICE HAS BEEN USED TO MAKE AN UNAUTHORIZED WITHDRAWAL FROM YOUR ACCOUNT, THEN YOU SHOULD CONTACT YOUR FINANCIAL INSTITUTION IN ADDITION TO CLEARXCHANGE. FAILURE TO NOTIFY YOUR FINANCIAL INSTITUTION DIRECTLY AND PROMPTLY MIGHT LIMIT YOUR RIGHTS UNDER YOUR ACCOUNT AGREEMENT AND APPLICABLE LAW.

9. Your Liability for Unauthorized Transfers

A. Consumer Accounts Only

Telephoning is the best way of keeping your possible losses down.

If you tell us verbally, we may require you to send us your complaint or question in writing at TransactionError@clearXchange.com within ten (10) business days. When you contact us, please provide the following information to the extent known:

  • Your name and the email address or mobile phone number you registered with clearXchange.
  • The date and dollar amount of the transaction in question.
  • If known, the name of the Network Bank Customer and the name of their bank.
  • A description of the transaction about which you are unsure.

Please explain as clearly as you can why you believe there is an error or why you need more information.

We will work with the Network Bank that initiated the transfer to investigate your claim and we will determine whether an error occurred within ten (10) business days after we hear from you. Any error discovered as the result of the investigation will be promptly corrected. If more time is needed, up to forty-five (45) days may be taken to investigate your complaint or question. In this case, your consumer bank account will be credited within ten (10) business days for the amount you think is in error, so that you have the use of the money during the time it takes to complete the investigation. If you are asked to put your complaint or question in writing, and your letter is not received in ten (10) business days, your account may not be provisionally credited.

We will give you the results of our investigation within three (3) business days after completing the investigation. If the investigation concludes there was no error, you will receive a written explanation. In this case, any provisional credit made to your bank account may be reversed and you authorize our Network Banks to debit the bank account you have registered with clearXchange. You may request copies of the documents that were used in the investigation.

B. Business Accounts Only

You agree to: 1) keep your password secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your password that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new password if you believe your password may have become known to an unauthorized person. We will have no liability to you for any unauthorized payment or transfer made using your password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your password even without receiving such notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner.

We will have no liability to you for any errors or losses you sustain in using the Service except where we fail to exercise ordinary care in processing any transaction. Our liability in any case will be limited to the amount of any funds improperly transferred from your account less any amount which, even with the exercise of ordinary care, would have been lost.

Without regard to care or lack of care of either you or us, a failure on your part to report to us any unauthorized transfer or error from your account within thirty (30) days of your receipt of a bank statement showing such unauthorized transfer or error shall relieve us of any liability for any losses sustained after the expiration of such thirty-day period and you shall thereafter be precluded from asserting any such claim or error.

10. Liability for Failure to Complete Transfers: Consumer Accounts Only

If a transfer to or from your deposit account in the correct amount or according to our agreement with you is not completed, we will be liable for those damages as the law imposes in such cases. However, there are some exceptions, and clearXchange and its Network Banks have no liability for your losses or damages:

  • If, through no fault of ours, the sender does not properly complete the transfer to your account.
  • If our Service or Network Bank’s services weren't working properly, and the sender knew about the malfunction when the sender initiated the transfer.
  • If the financial institution holding your account mishandles or delays processing or posting a transfer facilitated by the Service.
  • If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken.

The list of examples set out in this paragraph is meant to illustrate circumstances under which we would not be liable for a transfer not being completed and is not intended to list all of the circumstances where we would not be liable.

11. Notification of Change

Your financial institution may send a Notification of Change (“NOC”) to a Network Bank to indicate that your account information contained in an ACH entry is erroneous and needs to be changed. With respect to you receiving payments through the Service, our Network Banks will share any NOC messages from your financial institution with clearXchange. You agree that clearXchange may correct your account information in our User database promptly upon receipt of that NOC notification without further notice to you.

12. Fees

clearXchange charges no fees for your use of our Service to complete transfers between our Network Banks and you. However, clearXchange reserves the right to charge a fee in the future for any current Service, and clearXchange may develop new uses or other services for Users and a fee may apply for such other uses or services. You will be notified in advance of any fees in accordance with Section 2 above. Fees, when applicable, will be displayed prior to each use of Service. Please note that clearXchange has no responsibility for any fees that your financial institution or your mobile carrier may charge you in connection with your transactions through clearXchange.

13. Limitations on Transfers

Our Network Banks may impose limitations on transfers between their customers and you. Such limitations remain subject to the terms and conditions of the respective service agreements of our Network Banks with their customers.

14. Use of Our Site

You agree to access our Site in compliance with our Terms of Use, which are available at: https://www.clearXchange.com/legal#terms and incorporated into and made part of this Service Agreement by this reference.

15. Cancellation

You may cancel your use of the Service at any time by notifying us of your intent to cancel by calling us at 866-839-3488 or +1 501-748-8506. Canceling your use of the Service means clearXchange will inactivate your access to our Site, as well as your profile ID in the Network Directory. At the time you instruct clearXchange to cancel your use of the Service, any transfers in process using the Service will be completed to or from your bank account that was associated with your profile ID, but no new transfers will be initiated to or from that bank account through clearXchange. You must re-enroll with clearXchange, or enroll with a P2P service at one of the Network Banks to receive any subsequent payments that a Network Bank customer sends to you after you cancel your use of the Service.

16. clearXchange Right to Terminate Access

Subject to applicable law, clearXchange may terminate or suspend this Service Agreement and your use of our Site and our Service, in whole or in part, at any time for any reason without cause and without prior notice. Any obligations or liabilities incurred by you prior to the date of termination shall survive the termination of this Service Agreement.

You understand that at any time during the term of this Service Agreement your financial institution may become a Network Bank and you may become ineligible to continue as a User. Subject to the terms and conditions of an agreement between clearXchange and your financial institution, we will provide you notice and further instructions relating to the termination of this Service Agreement, access to our Site and our Service and instructions on how to enroll with your financial institution for similar services.

17. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, CLEARXCHANGE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO OUR SERVICES ON THIS WEBSITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO ANY SERVICE DESCRIBED OR PROVIDED. CLEARXCHANGE DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

18. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL CLEARXCHANGE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK BANKS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY OUR SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF CLEARXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR SERVICE OR WITH THE TERMS OF THIS SERVICE AGREEMENT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF CLEARXCHANGE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

19. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using our Site and our Service and agree to indemnify, defend and hold harmless clearXchange, its owners, directors, officers, agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Service, or any violation by you of the terms of this Service Agreement.

20. Governing Law; Choice of Law; Severability

This Service Agreement will be governed by and construed under the laws of the State of Delaware, excluding only its conflict of law provisions, and shall inure to the benefit of our successors and assigns, whether by merger, consolidation or otherwise. By using the Site, you hereby submit to the exclusive jurisdiction of the courts within the State of Delaware, and waive any jurisdictional venue or inconvenient forum objections to such courts. You further agree to comply with any applicable federal, state and local laws in your use of the Service. If any provision of this Service Agreement is found to be unenforceable for any reason by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Service Agreement will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

21. Agreement to Arbitrate and Class Action Waiver

ANY AND ALL CLAIMS OR DISPUTES BETWEEN US RELATING IN ANY WAY TO THESE TERMS, OUR PRIVACY NOTICE, OR THE CLEARXCHANGE SERVICE MUST BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. IN ARBITRATION THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD ANY DAMAGES OR RELIEF ON YOUR INDIVIDUAL CLAIM THAT A COURT OF LAW COULD, INCLUDING INDIVIDUAL INJUNCTIVE RELIEF AND ATTORNEYS’ FEES WHEN AVAILABLE UNDER THE GOVERNING LAW. AS SET FORTH IN THE CLASS ACTION WAIVER BELOW, ALL ARBITRATIONS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND THERE SHALL BE NO CLASS ACTIONS IN ARBITRATION. Notwithstanding this Agreement to Arbitrate, you and clearXchange may choose to bring individual claims or disputes in a small claims court, provided that they fall within that court’s jurisdiction.


You may opt out of this Agreement to Arbitrate, and the Class Action Waiver, by notifying us in writing of your intention to do so. Written notice should be provided to Early Warning Services, LLC, Attn: Litigation Support, 16552 N. 90th Street, Scottsdale, AZ 85260 AND MUST BE POSTMARKED WITHIN 30 DAYS OF YOUR ACCEPTANCE OF THESE TERMS. Any opt-out request postmarked after that date will not be effective, and you will continue to be bound by the Agreement to Arbitrate, including the Class Action Waiver.


Arbitrations will be administered by the American Arbitration Agreement (“AAA”) under the AAA’s Consumer Arbitration Rules in effect at the time the arbitration is commenced. The AAA rules are available at www.adr.org, and they include detailed information about how to initiate an arbitration. clearXchange will pay the AAA’s Case Management Fee and any arbitrator fees. Each party shall be responsible for paying its own attorneys’ fees.


You agree that these terms affect interstate commerce. Accordingly, the Federal Arbitration Act and federal arbitration law will apply to this Agreement to Arbitrate and govern its interpretation and enforcement (notwithstanding the choice of law provision set forth in Section 20 above).


CLASS ACTION WAIVER. ALL CLAIMS AND DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AND CLEARXCHANGE WAIVE ANY ABILITY TO PARTICIPATE IN A CLASS ACTION AS A CLASS REPRESENTATIVE OR AS A CLASS MEMBER. THERE WILL BE NO CLASS ACTIONS, REPRESENTATIVE ACTIONS, OR CONSOLIDATED ACTIONS EITHER IN ARBITRATION OR IN SMALL CLAIMS COURT. If this Class Action Waiver is held unenforceable, in whole or in part, as to any claim, then the Agreement to Arbitrate also will not apply to that claim.


22. Miscellaneous

The Service is available 24 hours, seven days a week with the exception of outages for maintenance. Live customer service generally will be available seven days a week, excluding US bank holidays. Please consult our Site for exact customer service hours.

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clearXchange E-sign Disclosure and Consent

Last Updated: December 23, 2015

YOU MUST AGREE TO THIS E-SIGN CONSENT TO REGISTER FOR THE CLEARXCHANGE SERVICES.

This E-sign Disclosure and Consent (“E-sign Consent”) applies to all Records and Communications for clearXchange.com Services. “Records and Communications” means the clearXchange.com User Service Agreement (the “Service Agreement”) between you and clearXchange for the clearXchange services described in the Service Agreement as well as any modification or amendments thereto; any policies, notices or disclosures; and all other information that we may be required to provide to you in writing by law.

  1. Records and Communications May be Provided in Electronic Form. You agree that we may provide you with Records and Communications in electronic format. Your consent to receive electronic Records and Communications includes, but is not limited to:
    • All legal and regulatory disclosures and communications for the clearXchange services;
    • Notices or disclosures about a change in the terms governing use of the clearXchange services;
    • Privacy policies and notices.
  2. Providing Records and Communications in Electronic Form. All Records and Communications to you in electronic form may be provided (i) by email, (ii) by access to a website designated in an email notice from clearXchange to you, or (iii) to the extent permissible by law, by access to a website generally designated in advance for such purpose.
  3. How to Withdraw Consent. You may withdraw your consent to receive Records and Communications in electronic form by contacting us at customerservice@clearXchange.com. Once we process your request to withdraw your consent to receive Records and Communications in electronic form, your access and use of the clearXchange services will terminate. Any withdrawal of your consent to receive electronic Records and Communications will be effective only after we have a reasonable period of time to process your withdrawal.
  4. How to Update Your Information. You are responsible to provide us with true, accurate and complete email address, contact and other information related to this E-sign Consent and to the clearXchange services and to maintain and update promptly any changes in that information. You can update your information through our website.
  5. Hardware and Software Requirements. In order to access, view and retain electronic Records and Communications that we make available to you, you must have:
    • An internet browser that we support, which are Internet Explorer 10.x or higher, Safari 3.2.x or higher, Firefox 32.x or higher and Chrome 38.x or higher, Mac OSX Safari 5 and higher, Safari for iOS 6 and higher, Chrome for iOS, and Chrome for Android;
    • Local, electronic storage capacity to retain Records or Communications or a printer to print them; A valid email account and software to access that email account;
    • An up-to-date device or devices (e.g., computer, tablet, mobile phone, etc.) suitable for connecting to the Internet and supported by clearXchange;
    • An operating system capable of receiving, accessing and displaying Records and Communications from us in electronic form via text-formatted email or access to our website using a supported browser
  6. Requesting Paper Copies. We will send no paper copy of any Records and Communications to you unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of your electronic Records and Communications by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy of any particular Records and Communication be mailed to you, contact us at customerservice@clearXchange.com. Please make sure to state that you are requesting a paper copy of particular Records and Communications. We do not charge a fee for providing a paper copy of Records and Communications.
  7. Records and Communications in Writing. All Records and Communications in electronic or paper format from us to you will be considered “in writing”. You should print or download for your records a copy of this E-sign Consent and any other Records and Communications important to you.
  8. Federal Law. You acknowledge and agree that this E-sign Consent is being provided by you in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and clearXchange both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
  9. Termination/Changes. clearXchange reserves the right, in our sole discretion, to discontinue the provision of electronic Records and Communications, or to terminate or change the terms and conditions on which we provide electronic Records and Communications. We will provide you with notice of any such termination or change as required by law.
  10. Consent. You hereby give your affirmative consent to receive electronic Records and Communications as described in this E-sign Consent. You further agree that your computer or other device satisfies the hardware and software requirements specified above and that you have provided clearXchange with a current email address at which we may send you electronic Records and Communications.
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CLEARXCHANGE, LLC PRIVACY NOTICE

Last updated: July 07, 2019

Welcome! Thank you for your interest in clearXchange®.

clearXchange, LLC provides a network directory service (the “Network Directory”) to U.S. financial institutions that participate in the Network Directory (our “Network Financial Institutions”) to enable convenient transfers of money from their deposit account holders (each, a “Network Financial Institution Customer”) to individuals who do not have a deposit account with a Network Financial Institution (each, a “User”) using the User’s email address or U.S. mobile phone number (the “Service”).

This privacy notice (“Privacy Notice”) explains our information privacy practices and the choices you can make about the collection, use, disclosure, and retention of information you submit or we collect through our website, clearXchange.com (the “Site”). The Site is owned and operated by Early Warning Services, LLC.

To make this Privacy Notice easy to find, we make it available on the clearXchange.com homepage.

Contents & Summary

A list summarizing the contents of this privacy notice ("Privacy Notice") appears below, followed by the full Privacy Notice. Should there be any discrepancy between the summary and the full Privacy Notice, the language of the full Privacy Notice shall govern.

Scope and Consent

By using the Site, you expressly consent to our collection, use, disclosure, and retention of your personal information and other information as described in this Privacy Notice. Your use of the Site is also governed by the Terms of Use and Service Agreement. Do not use the Site if you do not agree to these terms.

Information We Collect About You

When you use the Site, we may collect the following information:

  1. Registration and Profile Information: We collect personal information when you create a profile on clearXchange.com and when you update your profile on the Site.
  2. Information about Your Transactions: When you use clearXchange.com to receive money, we collect information about the transaction.
  3. Information to Respond to Your Requests: You may give us your personal information when you contact us for additional assistance.
  4. Information from Other Sources:We may combine information from outside sources to customize your experience on the Site and for security, authentication and identity verification purposes.
  5. Content You Associate with Your Profile: We collect information that you associate with your profile, which includes your contact information and financial account information.
  6. Technical Usage Information: We use tracking technologies such as cookies and other similar technologies to measure your usage of the Site.

See Section 2 for more information.

How We Use Your Information

We use information collected about you to:

  1. to operate our Site;
  2. provide, improve, and develop our products and services; and
  3. prevent, detect, investigate, and report fraud and prohibited or illegal activities.

See Section 3 for more information.

Who We Share Your Information With

We may share information collected from you and about you with:

  1. Early Warning Services, LLC and the rest of our corporate family;
  2. our Network Financial Institutions;
  3. our service providers and other trusted third parties;
  4. other entities with your consent;
  5. law enforcement, government agencies, and other authorized third parties; and
  6. others if there is a change of control (change in ownership).

Any third party with whom we share your personal information will be legally and/or contractually required to provide the same or equal protection to your personal information as we outline in this Privacy Notice.

See Section 4 for more information.

Your Choices

We communicate with you based on the contact information you provide to us. You can update your profile to ensure your phone number(s) and email address are current.

You may request to cancel your profile and enrollment with clearXchange by speaking to a customer service representative at 866-839-3488 (8am to midnight EST). However, doing so will immediately terminate your ability to use the Service.

See Section 5 for more information.

Accessing, Reviewing and Updating Personal Information

You can access, review and edit your personal information by accessing your profile on the Site.

See Section 6 for more information.

Our Data Retention Practices

We generally retain information for as long as it is necessary and relevant for our operations and to comply with applicable law.

You may request to cancel your profile and enrollment with clearXchange by speaking to a customer service representative at 866-839-3488 (8am to midnight EST). Information from closed or suspended profiles will only be retained as necessary to comply with law, prevent fraud, prevent re-registration, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our terms and conditions, or take other actions permitted by law.

See Section 7 for more information.

How We Use Cookies and Tracking Technologies

We use tracking technologies (including cookies) to recognize you, protect your privacy, and customize your experience on the Site.

See Section 8 for more information.

Notice to California Residents

If you are a California resident, you may request information about our practices related to disclosing your personal information and how we respond to Do Not Track signals.

See Section 9 for more information.

Links to Third-Party Websites

We are not responsible for the privacy practices of third-party websites that are linked to or from our Site. Please refer to the privacy notices of those websites for information regarding their privacy practices.

See Section 10 for more information.

Security

To help us protect the privacy of your data, we maintain technical, physical, and administrative security measures to protect against loss, misuse, unauthorized access, disclosure, or alteration. Some of the safeguards we use are firewalls, data encryption, physical access controls to our data centers and information access authorization controls.

See Section 11 for more information.

Children's Privacy

The Service Agreement defines eligibility requirements to use clearXchange.com.Our Site is not intended for children under the age of 18. For information about the Children’s Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov.

See Section 12 for more information.

Territorial Scope and Processing

We are located in the United States. Our services are available for eligible United States users only. Our operations use a network of computers, cloud-based services, and other infrastructure and information technology that are based in the United States. Additionally, we may use third-party service providers that may be located in and process or store your personal information in the United States, the European Union, and other countries. If you create a profile, you consent to the collection and/or processing of your personal information and tracking technologies/cookies as described in this Privacy Notice.

See Section 13 for more information.

Notification Regarding Updates to This Privacy Notice

You agree that we may notify you about material changes to this Privacy Notice by posting notices on this Site.

See Section 14 for more information.

Contact Us

Privacy issues are covered by our Privacy Office. For more information about our privacy practices, please continue to our full Privacy Notice below or send an email to privacyoffice@earlywarning.com.

See Section 15 for more information.

Full Privacy Notice

1. Scope and Consent

When you use the Site, you are contracting with Early Warning Services, LLC, located at 16552 N. 90th Street, Scottsdale, AZ 85260. By using the Site, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this Privacy Notice. Your use of the Site is also governed by the Terms of Use and Service Agreement Do not use the Site if you do not agree to these terms.

2. Information We Collect About You

We collect information from you and about you when you use the Site, including:

a. Registration and Account Information: When you create a profile as a User or update your information on the Site,we collect personal information from you, such as your name, date of birth,postal address, email address, telephone number, mobile number(s), name of the financial institution where you hold accounts and financial account numbers.Your financial institution may notify a Network Financial Institution, who in turn will notify us, if your financial account information needs to be updated in order to complete a transfer of money to your financial account.

In addition, we may collect personal information from third party sources in order to process your registration, verify your identity, verify your financial account information and protect you, our Network Financial Institutions and us against, or prevent, actual or potential fraud or unauthorized use.

b. Information about Your Transactions: When you use the Site to receive money, we collect information such as when and where the transaction occurs, the names of the transacting parties, a description of the transactions (including text in the memo field), the transaction amount, and the devices and payment methods used to complete the transactions.

c. Information to Respond to Your Requests: You may give us your personal information when you contact us for additional assistance

d. Information from Other Sources: The information we collect may be combined with information from outside records(e.g., demographic information, additional contact information) that we have acquired in accordance with the law.

e. Content You Associate With Your Profile: We collect any information you enter into your User profile. This includes your contact information, your financial account information, information related to any funds you receive from our Network Financial Institutions or from Network Financial Institution Customers, and any other information you associate with your profile.

f. Technical Usage Information: When you visit our Site, we collect usage information sent to us by your computer, mobile phone, or other access device which may include your browser type and language; country and language setting on your device; Internet Protocol (“IP”) address; the domain name of your Internet Service Provider, mobile device and operating system; content you view on the website; features you use; the date and time of your visit to or use of the Site; the website you visited before you visited our website; and data about how you interact with our Site. We may collect password information from you when you log into the Site. During some visits, we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information. To learn more about how we use tracking technologies and cookies, see Section 8 of this Privacy Notice and our Cookies and Tracking Technologies Policy

Our goal is to collect only that information that we believe is required for our legitimate business interests, to operate the Site, to authenticate and verify your identity, to prevent fraud, and to improve your experience of using the Site.

3. How We Use Your Information

Data collected or accessed will only be used for the purposes specified in the Privacy Notice. If the data will be used for other purposes, we will notify you of those additional purposes, and obtain your consent where necessary. We may use the data we collect for a number of purposes, including:

a. To Operate Our Site:We use the information collected about you to:

(i)respond to your requests using the contact information you have provided to us;

(ii)enable our Network Financial Institutions to complete money transfers between Network Financial Institution Customers and you;

(iii) notify you, by email, of a pending money transfer;

(iv) verify changes you have made to your personal information;

(v) facilitate your registration on our Site as a User and to resolve issues relating to your registration;

(vi) research and resolve issues related to a transaction with our Network Financial Institutions;

(vii) verify the existence of your financial account;

(viii) verify your identity;

(ix) provide customer service and obtain your feedback regarding the Site (e.g., to resolve disputes, problems with your User profile or the Site);

(x) enforce our terms and conditions;

(xi) provide other services you request;

(xii) guide decisions and improve the Site, including using Site analytics;

(xiii) maintain or give you information about your User profile;

(xiv) provide you with a safe, efficient, and customized experience; and

(xv) contact you or perform other duties as authorized by law.

b. To Provide and Improve Our Services: We use information we collect about you to help us create, develop, operate, deliver, and improve our products and services.

c. Prevent Fraud and Prohibited or Illegal Activities: We use information from the Site to prevent, detect, investigate and report fraud, security breaches, potentially prohibited or illegal activities, or otherwise to protect our services or Users. Information may also be used to respond to subpoenas or other legal processes, as permitted by law.

4. Who We Share Your Information With

To provide you with the Service, and as described in Section 3 of this Privacy Notice, we need to share some information about you with others. Information collected or accessed on the Site may be shared with entities both within and outside of our corporate family. Please note that any third party with whom we share your personal information will be legally and/or contractually required to provide the same or equal protection to your personal data as we outline in this Privacy Notice. We may share your information with the following entities:

a. The Early Warning Services, LLC Corporate Family: We may share the information we collect about you with the Early Warning Services, LLC corporate family, including our subsidiaries.

b. Our Network Financial Institutions: We may share your personal information with our Network Financial Institutions and their affiliates.

c. Service Providers and Other Third-Parties: We may share your information with our service providers and other trusted third parties such as customer support service centers, analytics tools providers, and software development kit providers we hire to help with our business operations (including, but not limited to, providing customer service, verifying your identity, preventing and detecting fraudulent activity, analytics, marketing as permissible, operations, and enforcing of our terms and conditions).

d. Other Entities with Your Consent: We may share your personal information with other third-parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).

e. Law Enforcement, Government Agencies and Other Authorized Third Parties: We may share information about you, as permitted by law, with law enforcement, governmental agencies, and other authorized third-parties.

f. Change of Control - New Owners: We may share your information with another business entity, should we plan to merge with or be acquired by that business entity. Should this occur, we will make reasonable efforts to request that the new combined entity follow this Privacy Notice with respect to your personal information. If your personal information would be used contrary to this Privacy Notice, we will request that the new owner provide you with prior notice.

5. Your Choices

We communicate with you based on the contact information you provide to us. You can update your profile to ensure your phone number(s) and email address are current.

You may not opt-out of administrative emails (for example, emails about your transactions or policy changes) for your enrolled profile.

You may request to cancel your profile and enrollment with clearXchange by speaking to a customer service representative at 866-839-3488 (8am to midnight EST). However, doing so will immediately terminate your ability to use the Service.

6. Accessing, Reviewing and Updating Your Personal Information

You can access, review and update your personal information at any time by accessing your profile on the Site. You can update your User profile and registration information, including your financial account, personal information and email addresses/mobile numbers. Keeping this information up-to-date is very important. If this information is incomplete, inaccurate or not current, please update your information by logging into your profile.

7. Our Data Retention Practices

We generally retain information for as long as it is necessary and relevant for our operations and to comply with applicable law.

You may request to cancel your profile and enrollment with clearXchange by speaking to a customer service representative at 866-839-3488 (8am to midnight EST). Information from closed or suspended profiles will only be retained as necessary to comply with law, prevent fraud, prevent re-registration, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our terms and conditions, or take other actions permitted by law.

8. How We Use Cookies and Tracking Technologies

When you visit the Site, you consent to the use of cookies and tracking technologies as well as the corresponding processing of your personal information. We and our third parties may use cookies and other tracking technologies for a variety of purposes, as outlined in this Privacy Notice and as described below. You can withdraw your consent at any time by deleting placed cookies and disabling cookies in your browser. For further information about our use of cookies and tracking technologies and your opt-out choices, see Your Cookie Choices & How to Opt-Out.

a. Operationally Necessary. We may use tracking technologies required for system administration,to prevent fraudulent activity and improve security. We are not required to obtain your consent for tracking technologies that are operationally necessary.

b. Performance-Related. We may use cookies or other tracking technologies to assess the performance of the online services, including as part of our analytic practices to improve the content offered through the online services.

c. Functionality-Related. We may use tracking technologies to tell us, for example,whether you have visited the website before or if you are a new visitor and to help us identify the features in which you may have the greatest interest.

During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information.

A few additional important things you should know about our use of tracking technologies (e.g., cookies, HTML-5 stored technologies):

  • We offer certain features that are available only through the use of tracking technologies.
  • We use both persistent and temporary tracking technologies. Tracking technologies (e.g., cookies) can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). You are always free to decline tracking technologies if your browser permits, although doing so may interfere with your use of the Site. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling tracking technologies such as cookies.
  • We use cookies and tracking technologies with your prior consent as obtained through your use of this Site.
  • You may encounter tracking technologies/cookies from our third-party service providers that we have allowed on our Site that assist us with various aspects of our Site operations and services, such as Google Analytics.
  • For more information about the use of cookies and similar technology on our Site, please review Section 2 and 3 of this Privacy Notice and our Cookies and Tracking Technologies Policy.

    9. Notice to California Residents

    a. How California Residents Can Request a List of Third Parties that Received Personal Information: California residents may request a list of all third-parties to which our Site has disclosed certain personal information (as defined by California law) during the preceding year for those third-parties' direct marketing purposes. If you are a California resident and want such a list, please contact us at privacyoffice@earlywarning.com. For all requests, you must put the statement "Your California Privacy Rights" in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

    b. How We Respond to Do Not Track Signals for California Residents: California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how we respond to "Do Not Track" browser settings. We do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.

    10. Links to Third Party Sites

    Our Site may contain links to other third-party websites, such as our Network Financial Institutions. When you leave our website and visit those websites, you are subject to the privacy notices of those websites. We are not responsible for the privacy practices of these third party websites, which are governed by their own privacy notices and practices.

    11. Security

    To help us protect the privacy of your data, we maintain technical, physical,and administrative security measures to protect against loss, misuse,unauthorized access, disclosure, or alteration. Some of the safeguards we use are firewalls, data encryption, physical access controls to our data centers and information access authorization controls. It is your responsibility to make sure that your personal information is accurate and that your password(s) and profile registration information are secure and not shared with third-parties.

    12. Children's Privacy

    The Service Agreement defines eligibility requirements to use the Site. Our Site is not intended for anyone under the age of 18. For information about the Children’s Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov.

    13. Territorial Scope and Processing

    We are located in the United States. Our services are available for eligible United States users only. Our operations use a network of computers, cloud-based services, and other infrastructure and information technology that are based in the United States. Additionally, we may use third-party service providers that may be located in and process or store your personal information in the United States, the European Union, and other countries. If you create a profile, you consent to the collection and/or processing of your personal information and tracking technologies/cookies as described in this Privacy Notice.

    14. Notification Regarding Updates

    From time to time, we may update this Privacy Notice. You agree that we may notify you about material changes in the way we treat personal information by placing a notice on the Site. You should check the Site frequently for updates.

    15. Contact Us

    If your questions are not answered online, you may email us at privacyoffice@earlywarning.com or write to us at Early Warning Services, LLC, Attn: Privacy Office, 16552 N. 90th St, Scottsdale, AZ 85260.

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    clearXchange® Cookies and Tracking Technologies Policy

    Last updated: July 07, 2019

    This policy pertains to the clearXchange website https://www.clearxchange.com (the “Site”). We, along with our vendors, use a variety of technologies to learn more about how people use the Site. You can find out more about these technologies and how to control them in the information below. This policy forms part of the clearXchange Privacy Notice.

    1. Cookies & Other Tracking Technologies & How We Use Them

    Like many companies, we may use cookies and other tracking technologies on our Site (referred to together from this point forward as “cookies,” unless otherwise stated) including HTTP cookies, HTML5 and Flash local storage, unique device identifiers, probabilistic finger-printing, deterministic finger-printing, web beacons/GIFs, embedded scripts, and e-tags/cache browsers as defined below.

    We may use cookies for a variety of purposes, as outlined in our Privacy Notice and as described below. We use both persistent and temporary tracking technologies. Tracking technologies (e.g., cookies) can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser).

    We also use first and third-party cookies. First party cookies are used and controlled by us to provide services on the Site. Third-party cookies are controlled by third-parties, mostly for the purpose of analytics.

    In particular, our Site uses the following categories of cookies:

    • Operationally Necessary: We may use tracking technologies required for system administration, to prevent fraudulent activity and improve security. We are not required to obtain your consent for tracking technologies that are operationally necessary.
    • Performance-Related: We may use cookies or other tracking technologies to assess the performance of the online services, including as part of our analytic practices to improve the content offered through the online services.
    • Functionality-Related: We may use tracking technologies to tell us, for example, whether you have visited the website before or if you are a new visitor and to help us identify the features in which you may have the greatest interest.

    By using our Site you consent to the use of cookies and tracking technologies and the corresponding processing of information. You can withdraw your consent at any time by deleting placed cookies and disabling cookies in your browser. For further information about our use of cookies and tracking technologies and your opt-out choices, see Your Cookie Choices & How to Opt-Out. See here for details of each type of cookie used on the clearXchange Site.

    2. Your Cookie Choices & How to Opt-out

    You have the choice whether to accept the use of cookies and we have explained how you can exercise your rights, below.

    Most browsers are initially set up to accept HTTP Cookies. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies and how to disable existing cookies. For more information about HTTP cookies and how to disable them, you can consult the information at http://www.networkadvertising.org/choices/ and http://www.allaboutcookies.org/manage-cookies/.

    We are not responsible for the effectiveness of any such opt-out options. California residents may be entitled to know the effects of opt-out options under California Business & Professions Code Section 22575(b)(7). The effect of an opt-out, if successful, will be to stop targeted advertising, but it will still allow the collection of usage data for certain purposes (e.g., research, analytics and internal Site operation purposes).

    Controlling the HTML5 local storage on your browser depends on which browser you use. For more information regarding your specific browser please consult the browser’s website (often in the Help section).

    Please note, however, that without HTTP cookies and HTML5 local storage, you may not be able to take full advantage of all our Site features and some parts of the Site may not function properly.

    3. Information Collected and Cookies and Tracking Technologies Used On The clearXchange Site

    The following list sets out the information collected via the individual cookies and tracking technologies we use.

    We provide the information below as a courtesy for all users, but we are not obligated to maintain or update it.

    Party Service For More Information User of Tracking Technologies Privacy Choice
    Google Analytics Analytics http://support.google.com/analytics/bin/answer.py?hl=en&topic=2611283&answer=2700409
    https://tools.google.com/dlpage/gaoptout/
    Yes http://www.google.com/intl/en/policies/privacy/
    Typekit by Abode Essential https://typekit.com/about Yes http://www.adobe.com/privacy/policies/typekit.html

    4. Definitions

    Cookies: A cookie (sometimes referred to as local storage object or LSO) is a data file placed on a device. Cookies can be created through a variety of web-related protocols and technologies, such as HTTP (sometimes referred to as “browser cookies”), and HTML5. For more information on third party cookies that we use for analytics, please review the table in Section 3 of this Cookies and Tracking Technologies Policy.

    Web Beacons: Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or email can act as a web beacon.

    Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to HTTP cookies, which are stored on a user's computer hard drive, clear GIFs are embedded invisibly on web pages and are about the size of the period at the end of this sentence.

    Unique Device ID (UDID) Tokens: The unique series of numbers and letters assigned to your device.

    Unique Identifier Header (UIDH): Unique Identifier Header (UIDH) is the address information that accompanies Internet (http) requests transmitted over an ISP’s wireless network. For example, when a customer types on his or her phone the web address of a retailer that request travels over the network and is delivered to the retailer's website. The information included in that request includes things like the device type and screen size so that the retailer site knows how to best display the site on the phone. It is important to note that the UIDH is a temporary, anonymous identifier included with unencrypted web traffic. We change the UIDH on a regular basis to protect the privacy of our customers. We do not use the UIDH to collect web browsing information and it does not broadcast individuals' web browsing activity out to advertisers or others.

    Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.

    ETag, or entity tag. A feature of the cache in browsers, an ETag is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of device identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

    5. Contact Us

    For any inquiries in relation to this Cookies and Tracking Technologies Policy please contact us at privacyoffice@earlywarning.com or Early Warning Services, LLC, Attn: Privacy Office, 16552 N. 90th Street, Scottsdale, AZ 85260.

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