Throughout this policy, Earnin uses the term Personal Information to mean information that can be associated with you and/or identify you. IN THE EVENT THAT ANY PROVISION OF THIS AGREEMENT IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, UNENFORCEABLE OR VIOLATIVE OF ANY APPLICABLE LAW, IT SHALL BE DEEMED NULL AND VOID TO THE EXTENT THEREOF WITHOUT AFFECTING THE BALANCE OF THIS CUSTODIAL ACCOUNT AUTHORIZATION AGREEMENT. If you would like to opt out of card linking and transaction monitoring in connection with the program, please follow the steps below: Our commitment to protecting your information is described in the sections outlined below: We may use the information you provide about yourself and about your Third-Party Sites to fulfill your requests for our products, programs, and Services, to respond to your inquiries about our Services, and to offer you other products, programs, or services that we believe may be of interest to you. Non-Personal Information (Aggregated and Anonymized Data) We may use proprietary fraud and risk modeling when completing this review and assessing the risk associated with your Tip Yourself Account. By requesting a Cash Out, Max Boost or Balance Shield Cash Out, you authorize us to electronically initiate debit and credit entries to your Bank Account; or if you link a debit card to your Earnin account, you authorize us to charge your debit card, for all payments you authorize. The CCPA provides the right to request that we disclose the specific pieces of information we have collected about you, which Earnin will do after we receive and validate your request. California Consumer Privacy Act Earnin may still retain the data in aggregated or anonymized form in compliance with CCPA. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, Activehours'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US $500.00 (FIVE HUNDRED UNITED STATES DOLLARS). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you. Introduction Any information made available through the Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions. Lightning Speed. How We Use The Information We Collect For all of Earnin Services, you agree that any form of electronic signature, including but not limited to signatures via facsimile, scanning, or electronic mail, may substitute for the original signature and shall have the same legal effect as an original signature. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone elses. Please note that we use Empyr, Inc. as our service provider to help us operate our program. We also use some of this Personally Identifiable Information to improve the Earnin Site and Services, provide you with information on events you may be interested in, provide specific communications and Earnin Services relevant to your location, advertisements and to develop new services and let you know they are available. We are not, however, acting as your financial adviser. 4. Any feedback, questions, comments, suggestions, ideas, or the like that you send to Earnin will be treated as being non-confidential and nonproprietary, and Earnin will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EARNIN AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NONINFRINGEMENT. You must repeat this process for every card you wish to delete. We receive information in a few different ways: Any Personal Information collected is available to us and may be available to third-party service providers involved in the operation of the Earnin Site and Services. Do we share or sell aggregate information? The Licensed Parties reserve the right to remove any Content. You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Balance Shield. EARNIN AND ITS AFFILIATES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE IN ANY WAY TO YOU OR TO ANY THIRD PARTY, FOR ANY ERROR OR DELAY IN THE SITES OR THE SERVICES, AND ANY LOSS OR DAMAGE ARISING FROM (A) ANY SUCH ERROR OR DELAY (B) NON-PERFORMANCE OR (C) INTERRUPTION IN THE SITES OF SERVICES DUE EITHER TO ANY NEGLIGENT ACT OR OMISSION BY EARNIN AND ITS AFFILIATES, LICENSORS AND SUPPLIERS, OR "FORCE MAJEURE" OR ANY OTHER CAUSE BEYOND THE CONTROL OF EARNIN. Or when you send an non-Community Member a Max Boost request, you will be notified if they install and they will have the option to send you a one-time max boost. If Earnin collects Personally Identifiable Information on behalf of Evolve Bank & Trust in connection with Tip Yourself and Earnin Express it does so pursuant to Evolve Bank and Trusts Privacy Policy. It may be possible to disable some cookies through your device or browser setting. Earnin may post a notice on the Earnin Site if a security breach occurs. Olly Dawes. If you only provide your Bank Account information to us, you will generally receive your Cash Out within the next 2-3 Banking Days after you request a Cash Out in your Bank Account. We will review your Tip Yourself Account and transaction activity at various times, including when you initiate a transfer of funds into or out of your Tip Jar(s). If at any time you do not wish to receive the Messages, you have the ability to opt out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails and turn off notifications using the functionality made available in the browser, application or device settings. You must repeat this process for every card you wish to delete, you will reimburse Activehours for any fees imposed on us as a result of the failed transaction; and. request a Pay Out or use Balance Shield for any earned wages that you do not have the complete right, title and interest in or for which you have already received payment; access the Sites by any means other than through the interface that is provided by Activehours for use in accessing the Sites; we may take legal action against you; however, with respect to any Pay Outs or payout for Balance Shield, Activehours will not engage in collection efforts to collect payments due to us, place the amount paid out as a debt with, or sell it to, any third party, or report your repayment history to a credit bureau or other consumer reporting agency; and. Earnin may communicate with You about summaries of your Account Information, User Research, products and Earnin Services, Earnins Advocacy Program, to request your input or participation in the Advocacy Program or other engagements on behalf of Earnin, using email, SMS, text messages or push notifications (collectively Messages). Do we track your browsing activities on other sites? As a condition of your use of the Sites and Services, you represent and warrant to us that you will not use Earnins Sites or Services for any purpose that is unlawful or prohibited by these Terms of Service. You are not required to pay any fees or charges to use any of the Earnin Services. All Community Members may submit a deletion request regardless of state of residence. We store and process your Personal Information using data centers in the United States. Legal Department Financial Calendar- means your in-app calendar, which tracks bill reminders, daily earnings, recent Cash Outs, and when you have scheduled debits for Cash Outs. What information will Earnin ask for when I make a request? These Third Parties may place their own cookies to collect information about your activities on our Website and/or the advertisements you have clicked on. Unfortunately, not all medical bills are eligible for Health Aid. No Fees or Charges. To unenroll from Cash Back Rewards and unlink your cards, you must follow the steps below: For Earnin Express (Earnin Express Service), we may use the Personally Identifiable Information you provide to Earnin for additional purposes such as: Your use of certain features of the Earnin Express Services requires Earnin to collect account numbers, balances, and other information about your bank accounts unrelated to your relationship with Earnin. You hereby consent to personal jurisdiction and venue in the state and federal courts located in the County of Santa Clara, California. You agree to maintain a balance that is sufficient to fund all payments that you initiate. Activehours AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR SERVICES, INCLUDING Pay Outs, Balance Shield, Medical Bill Review, and Earnin Cash Back Rewards. Information We Share The actions we may take include the following: Earnin, in its sole discretion, reserves the right to terminate these Terms of Service, access to its Sites, or access to the Services for any reason and at any time with or without notice to you. We may, from time to time, run referral programs. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach), please email us at privacy@earnin.com. The policy may be updated from time to time at our discretion. Such other information and documentation that we may require from time to time. Please note that while tips are non-refundable, if you need help in changing your tip amount, please live chat the Earnin team via the mobile app. In such event, if you are a member of the Service and such changes are material, we will provide notice to you. . For more information on FDIC insurance coverage, please visit www.FDIC.gov. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. Cookie Notice THE SITE, SERVICES, INCLUDING CASH OUTS, LIGHTNING SPEED, MAX BOOST, BALANCE SHIELD, HEALTH AID, EARNIN CASH BACK REWARDS, AND TIP YOURSELF, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. As part of Earnins Cash Out Services, you may be offered the opportunity to participate in Max Boost. Does Earnin sell you Personally Identifiable Information? Advocacy Failed or rejected debits may be reinitiated at any time up to 180 days after the first debit. Click the hamburger . Boost for boost will boost back immediately, Boost for Immediate Boost Back! Collection of Personally Identifiable Information Any dispute with Activehours, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Service will be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Activehours may seek such relief in any court with jurisdiction over the parties. You may make voluntary additional payments in appreciation of the services rendered, but you are not required to pay any charge or fee to be eligible to receive or in return for receiving the Services. For more information, see the Information from Third Parties Section. When you use Max Boost Feature, either as a Requestor or Grantor, Earnin will share some of the following Personal Information with the Requestor or Grantor: When you Pay It Forward, Earnin may use the Personal Information we collect for other purposes such as: For Tip Yourself (Tip Yourself Service), we may use the Personal Information Earnin collects for additional purposes such as: Some Personal Information is public information (including your first name and the first initial of your last name, profile photo, and public tip reasons you decide to share), and may be seen by anyone accessing the Tip Yourself Service on the App, by any Tip Yourself logged in user. Any feedback, questions, comments, suggestions, ideas, or the like that you send to Activehours will be treated as being non-confidential and nonproprietary, and Activehours will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information. records of any payment and other transactions you handle through the Sites or Services, including payment histories and transaction confirmations; A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and. If you wish to revoke your authorization, you may do so by contacting support@earnin.com at least three business days before the day the transaction is scheduled and stop using the Sites and the Services. disclosures or notices provided in connection with the Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices); Rewards will be available to payout 3-5 days after making a Qualified Purchase and each payout will take an additional 3-5 days to be reflected in your associated bank account. Balance Shield. Despite our efforts, we cannot guarantee that Personal Information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. We use third party information to supplement the information we collect about you through the Services in order to enhance our ability to serve you, to tailor our features to you, and/or offer you opportunities to use new Services or features that we believe may be of interest to you. Some of your Personally Identifiable Information (including your Earnin profile photo, Earnin profile first and last name) will be publicly displayed through the Services and may be seen by anyone with an Earnin account. Health Aid. However, we will never engage in any debt collection activities if the outstanding amount is not repaid, place the outstanding amount as a debt with, or sell it to, a third party, or report to a consumer reporting agency concerning the outstanding amount. This Personally Identifiable Information helps us deliver and improve the Earnin Site and Services. To establish the existence and condition of your Bank Account; To establish you are over the age of 18 and a resident of the United States; To determine your eligibility to use the Services; To enable our third party financial services partners to implement fund transfers; To connect with you if there is a problem related to a transaction you requested or to discuss a problem with your Earnin account; and. Email: legal-notices@earnin.com. There are no fees to close your account with us. Throughout this policy, Earnin uses the term Personal Information to mean information that can be associated with you and/or identify you. In other words, the depositing of your funds into the Sub-Deposit Account will not otherwise increase your FDIC deposit insurance coverage. You hereby appoint Bank as your agent and custodian, subject to the terms set forth herein. Security If we are unable to locate you, we may be required to deliver any funds in your Tip Yourself Account to the applicable state as unclaimed property. If you choose, you may add your contacts information into the App by connecting your contacts from your mobile device to the App. Activehours reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice, including Pay Outs, Balance Shield, Medical Bill Review and Earnin Cash Back Rewards. and our Follow the steps below to use the Boost feature (To learn more about Boost, click here).. Click the ASK A FRIEND button from Earnin's home screen.
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