American Changer Corp., a Delaware corporation, (“Changer”) distributes payment systems that enable consumers to purchase credits for games, rides and other purposes using cash and credit and debit cards (or other forms of payment supported by such systems) to be loaded on RFID cards or into accounts created by consumers in Changer’s mobile application (the “System”). Changer respects your privacy, and this policy covers Changer’s processing, protection, transfer and use of information collected from you through the System.
You should review this policy carefully, and be sure you understand it, prior to using the System. Your use of the System is deemed to be irrevocable acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the System. For purposes of this Section, accessing the System only to review this policy is not deemed to be use of the System.
2. Information Defined
In this policy:
(a) “Analytical Information” means all Non-Personal Information obtained through the use of session or persistent cookies (or other tracking devices) and server log files (including, but not limited to, (i) your access date and time, language, location and other visit details, and (ii) whether or not you opened e-mail messages and other electronic communications from Changer, and if you did, when they were opened).
(b) “Collected Information” means all Personal Information and Non-Personal Information.
(c) “Non-Personal Information” means all information collected electronically by Changer through the System and e-mail messages and other electronic communications you send to Changer that is not Personal Information.
(d) “Personal Information” means all information collected electronically by Changer through the System and e-mail messages and other electronic communications you send to Changer that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, birthdate, e-mail address, physical address, phone number, and credit or debit card information).
3. Collected Information
No Collected Information is obtained from you, unless it is voluntarily provided, except for any Analytical Information obtained automatically through the System as set forth in this policy. Regardless of the method used to obtain Collected Information, Changer will only collect Personal Information that is (a) relevant to the purposes for which it is provided by you or as required by applicable law and (b) for Changer’s other legitimate business purposes (including, but not limited to, marketing). You are responsible for obtaining any approvals, authorizations, consents and permissions that are required in connection with your providing Changer with any information (including, but not limited to, any information relating to a third party).
You may refuse to provide any information to Changer at any time by terminating your use of the System or by notifying Changer as set forth in Section 21. If you refuse to provide any information when requested to do so by Changer or the System, you may not be able to access, or otherwise obtain the benefits of, certain products and services from Changer or features of the System.
5. Electronic Communications
Whether or not you have previously sent Changer an e-mail message, you consent to Changer’s sending you e-mail messages and other electronic communications (a) in connection with your use of the System or (b) for any other legitimate business purpose (including, but not limited to, marketing). Since Changer endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Changer as set forth in Section 21 or by following the directions contained in such e-mail messages or other electronic communications.
6. Analytical Information
When you access the System, Changer will collect Analytical Information. Analytical Information will only be used by Changer (a) to record your use of the System, (b) to diagnose problems with the System, (c) to improve the System and make the System more useful to you and other users, and (d) for other legitimate business purposes of Changer (including, but not limited to, marketing). Analytical Information will be collected by Changer either directly or through third parties acting on its behalf.
7. Information Location
All Personal Information is held and processed by Changer on servers located at off-site data center locations.
Changer will use commercially reasonable measures to protect Personal Information from loss and unauthorized access, acquisition, alteration, destruction, disclosure and use. Such measures shall ensure a level of protection appropriate to the specific risks identified by Changer and in compliance with all laws applicable to Changer. Even if Changer uses such measures, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost or accessed, acquired, altered, destroyed, disclosed or used without authorization. In providing any information to Changer, you must assume the risk that Collected Information could be lost or accessed, acquired, altered, destroyed, disclosed or used without authorization.
All Collected Information may be used by Changer for any legitimate business purpose (including, but not limited to, marketing), except that, if Changer expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Changer will only use such Collected Information for such specific purpose, unless you subsequently consent to its being used for another purpose.
Any Collected Information may be transferred by Changer to third parties retained by Changer (including, but not limited to, any distributors, subcontractors, suppliers or vendors of Changer) for any purposes for which Changer could use such Collected Information. If Collected Information is so transferred, Changer will be responsible for any action of the third party to whom or which such Collected Information is transferred. Changer may also at any time, in its sole discretion, transfer to a third party any Collected Information to (a) comply with, or as permitted by, any applicable law or to comply with any government request, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of Changer or a third party, or (d) enable a third party to acquire all, or substantially all, of Changer’s assets. If Collected Information is so transferred, Changer will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.
Upon your request sent to Changer pursuant to Section 21, Changer will delete Personal Information relating to you from its servers (and the servers of third parties acting on behalf of Changer) when it is no longer required for the purposes for which it was processed, unless Changer is legally permitted or required to continue holding it, or it is relevant to Changer’s interests in any pending dispute, legal proceeding, government investigation or other similar matter.
12. Third-Party Operators
The use of the System by a child under 13 years of age is not intended at any time or for any purpose and, before any such child may use the System, such child’s parent or guardian must consent to such use in a manner that complies with applicable law. If a parent or guardian of a child who is under 13 years of age discovers that any Personal Information of the child has been submitted to Changer through the System without such consent, upon the request of the parent or guardian, Changer will use commercially reasonable measures to remove such Personal Information from Changer’s servers and the servers of third parties acting on behalf of Changer. To request the removal of personal information of a child under 13 years of age, the parent or guardian must contact Changer as set forth in Section 21, and provide all information requested by Changer to assist it in identifying the information to be removed.
14. Required Actions
Upon your submitting a request to Changer as set forth in Section 21, Changer will, to the extent required by any applicable law, (a) delete or cause to be deleted Personal Information from its servers and servers of third parties acting on behalf of Changer, (b) grant you access to your Personal Information, and (c) take any other action with respect to Personal Information. Without limiting the generality of the preceding sentence, residents of California may request certain information regarding the transfer by Changer of their Personal Information to third parties for direct marketing purposes.
15. Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with, the laws of the state of Florida, without regard to its principles of conflict of laws. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.
Any complaint by you regarding Collected Information, or otherwise relating to this policy must first be submitted to Changer as set forth in Section 21, and Changer must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Changer’s completing such investigation and so responding, Changer and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days, (a) you may commence litigation against Changer in connection with the unresolved portion of your complaint only in a court located in Broward County, Florida, and having subject matter jurisdiction over your complaint, and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.
17. Entire Agreement
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Changer, with respect to Collected Information.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
Changer may revise any provision of this policy from time to time by posting the revised provision on the System or its website at www.americanchanger.com, or otherwise notifying you of such revised provision, so long as such revised provision does not conflict with any applicable law. Any such revision will take effect immediately upon such posting or notification, and will apply to all Collected Information obtained by Changer after such posting or notification. It is your responsibility to periodically check this policy on the System or such website for revisions to this policy.
Except as provided in this policy or any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with your privacy rights.
21. Contact Information
If you have any questions or complaints, desire additional information, or need to notify Changer of anything regarding Changer’s handling of any Collected Information or otherwise relating to this policy, please promptly contact Changer as follows: American Changer Corp. 1400 N.W. 65th Place Fort Lauderdale, Florida 33309 – or – email@example.com
Effective Date: August 7, 2020 089810.00000 Business 18582166v4