LEGAL

Last updated: September 12, 2017

1. Description of Services

• 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 Services 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 Services 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 and Information Security 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 security and the protection of your information a top priority. You can access our Privacy and Information Security Notice at https://www.clearXchange.com/legal#privacy, which Privacy and Information Security Notice 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 HAVE 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 Services 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 , 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 Services 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 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 CLEARXCHANGEHAS 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. Miscellaneous

The Services are 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.

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.

Last updated: March 20, 2018

Welcome! Thank you for visiting the clearXchange® ("we," "our," or "us") offering. To help inform you, we are providing this notice to explain our online information practices and the choices you can make about the collection and use of information you submit or we collect through our website https://www.clearxchange.com (the "Site"). The Site is owned and operated by Early Warning Services, LLC.

clearXchange, LLC provides U.S. financial institutions that are clearXchange customers (our “Network Banks”) a network directory service to enable convenient transfers of money between their respective account holders using email addresses or mobile phone numbers. clearXchange also provides an out-of-network service for individuals who do not have a 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”).

A list summarizing the contents of this privacy policy ("Privacy Policy") appears below, followed by the full Privacy Policy. Should there be any discrepancy between the summary and the full Privacy Policy, the language of the full Privacy Policy 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 Policy. Your use of the Site is also governed by the Terms of Use.

Information Collection

We collect the following information when you use the Site:

1. Registration and Profile Information: When you create or update a profile on the Site, you voluntarily give us personal information.
2. Information to Respond to Your Requests: You may also give us your personal information when you contact us for additional assistance.
3. Information from Other Sources: We may, on occasion, combine information from outside sources to customize your experience on the Site and for authentication and identity verification purposes.
4. Content You Associate with Your Profile: You may provide us with information regarding yourself by completing a profile.
5. Technical Usage Information: We use tracking technologies such as cookies and other similar technologies to measure your usage of the Site.

Uses and Retention

We use information collected from you to operate our Site and contact you. Your information is retained for as long as we need it for our business.

Disclosure of Information

We may share your personal information and other information we collect with the following entities: (a) Early Warning Services, LLC and the rest of our corporate family; (b) our service providers; (c) Network Banks; (d) other entities with your consent; (e) legal and law enforcement; and (f) others if there is a change of control (change in ownership).

Cookies and Tracking Technologies

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

Access and Review Options

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

California Privacy Rights

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.

Third-Parties

We are not responsible for the privacy practices of third-party websites that are linked to or from our Site.

Security

We protect your personal information using security measures.

Children's Privacy

The Site is not intended for children under the age of 18.

Notification Regarding Updates

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

Contact Us

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

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 Policy.

2. Information We Collect

a. Registration and Account Information: We collect personal information, such as your name, date of birth, postal or email addresses, telephone, mobile numbers, name of the financial institution where you hold accounts and financial account numbers, from you when you request information from the Site, register as a User or update your information throughout our Site. We may collect personal information from consumer reporting agencies in order to process your registration, verify your identity, verify your bank account information and protect against or prevent actual or potential fraud or unauthorized use.

You can browse the Site without telling us who you are or revealing any personal information about yourself.

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

c. Information From Other Sources: The information we collect may be combined with information from outside records (e.g., demographic information, navigation information, and/or additional contact information) that we have acquired in accordance with the law and which will be used to customize your experience on the Site, for authentication and identity verification purposes.

d. Content You Associate With Your Profile: We collect any information you enter into your User profile. This includes your contact information, your bank account information, and information related to any funds you receive from our Network Banks or from Network Bank Customers.

e. Technical Usage Information: When you visit our Site, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Site, including tracking technologies (defined below) as well as logs, annotated screenshots, and other relevant device information during quality assurance and bug testing for the Site, collectively (“usage information”). We use tracking technologies (including cookies (including cookies stored in HTML-5), flash cookies, web beacons/GIFs, embedded scripts, e-tags/cache browsers), unique device identifier, and unique identifier header to collect usage information and we also collect your IP address.

We may use tracking technologies for a variety of purposes, including:

• Operationally Necessary. We may use tracking technologies required for system administration, to prevent fraudulent activity, and/or to improve security. We are not required to obtain your consent to 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.

We may also collect password information from you when you log into the Site, as well as computer and/or connection information. 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.

Our goal is to collect and use only that information that we believe is required for our legitimate business interests, in order to authenticate and verify your identity, and to improve your experience of using the Site. To learn more about how we use tracking technologies and cookies, see Section 6 of this Privacy Policy and our Cookies and Tracking Technologies Policy.

3. Uses and Retention

a. Operate Our Site: We use the information collected to (i) respond to your requests; (ii) enable our Network Banks to complete money transfers between their customers and you; (iii) send you an email or text message to notify you 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 you registration; (vi) resolve a problem related to a transaction with our Network Banks; (vii) verify the existence of your bank 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) improve the Site; (xi) give you information about your clearXchange profile; and (xii) provide you with a safe, efficient, and customized experience.

b. Analyze and Aggregate Non-Personal Information: We use aggregate information about our users and non-personal information to analyze Site and user behavior and for general business purposes, including but not limited to data analysis, audits, developing new products, enhancing our Site, identifying usage trends, and improving services.

c. Prevent Fraud: We use information from the Site to prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities, and enforce our Terms of Use.

d. Communicate With You: We use your information to contact you, to provide other services requested by you as described at the time when we collect the information from you, to contact you for other purposes (e.g. customer service purposes ), and as otherwise authorized by law. You may not opt-out of administrative emails (for example, emails about your transactions or policy changes) for your registered profile.

e. Retention: We retain information as long as it is necessary and relevant for our operations.

4. Disclosure

Information collected on the Site may be shared with:

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 affiliates and subsidiaries, as well as with third-party suppliers. The information may be disclosed to: (i) provide our services (e.g., registration, transactions, analytics and customer support); (ii) help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches; and (iii) guide decisions about our products, sites, applications, services, tools and communications.

b. Our Network Banks: We may share your personal information with Network Banks and affiliates for the purposes described in Section 3 of this notice.

c. Service Providers and Other Third-Parties: We may disclose your information to service providers we hire to help with our business operations (such as, but not limited to, verifying your identity, fraud investigations, site analytics, and operations).

d. Other Entities with Your Consent: 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. Legal and Law Enforcement: Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, our Network Banks, or any other User to legal liability. In this regard, we may share your information with third parties in response to a subpoena, other legal process and/or as otherwise permitted by law. In such events, we will only disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, zip code, telephone number, email address, user ID history, IP address, fraud complaints and anything else we may deem relevant to the investigation.

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

5. Cookies and Tracking Technologies

When you visit the Site, we and our business partners may use cookies and other tracking technologies for a variety of purposes and to enhance your online experience, for example, by remembering your log-in status and viewing preferences from a previous use of our Site, for when you later return to the Site.

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 this Privacy Policy and our Cookies and Tracking Technologies Policy.

6. Accessing, Reviewing, and Changing Your Personal Information

Registered Users can review and change personal information at any time by accessing their profiles on the Site. You should promptly update your personal information if it changes or becomes inaccurate. We may retain some information from closed profiles so that we can comply with law, prevent fraud, assist with investigations, resolve disputes, analyze, or troubleshoot programs, enforce our Terms of Use, or take other actions permitted by law. Likewise, if your profile is terminated or suspended, we may maintain some information to prevent re-registration.

7. Notice to California Residents

a. How California Residents Can Request a List of Third Parties that Received Personal Information: Residents of the State of California 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.

8. Third-Parties

Our Site may contain links to other third-party websites, such as Network Banks. We are not responsible for the privacy practices or the content of these third-party sites.

9. Security

We store and process your information on our servers located in the United States. We maintain technical, physical, and administrative security measures to protect the security of your personal information 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 account/profile registration information are secure and not shared with third-parties.

10. Children's Privacy

The Site is a general audience site and it is not intended for anyone under the age of 18. We do not knowingly collect personal information via our websites, applications, services, or tools from users in this age group.

11. Territorial Scope and Processing

Currently, we only operate in the United States. Our services are available for eligible United States users only. Our computer systems are currently based in the United States. If you create an account/profile, you consent to the collection and/or processing in the United States of your personal information and tracking technologies/cookies as described in this Policy.

12. Notification Regarding Updates

From time to time, we may update this Privacy Policy. 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.

13. 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.

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 Policy.

• 1. Cookies & Other Tracking Technologies & How We Use Them
• 2. Your Cookie Choices & How to Opt-Out
• 3. Information Collected and Cookies and Tracking Technologies Used On The clearXchange Site
• 4. Definitions
• 5. Contact Us

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 and to enhance your online experience, for example, by remembering your log-in status and viewing preferences from a previous use of our Site, for when you later return to the Site.

We use both session and persistent 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:

• Strictly Necessary Cookies: These are cookies which are needed to provide services and features you have specifically requested. We may use cookies and tracking technologies required to prevent fraudulent activity, improve security, and/or for system administration. We are not required to obtain your consent to cookies that are strictly necessary.
• Analytics and Performance Related Cookies: We may use cookies to assess the performance of our Site, including as part of our analytic practices to improve the services offered through the Site. These cookies may be used to prevent fraudulent activity and improve security.
• Functionality Related Cookies: We may use cookies to tell us, for example, whether you have visited the Site 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 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.

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 queries 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.