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. Privacy Shield
Some information collected by Changer relates to individuals in the European Union or Switzerland. The European Union and Switzerland have adopted requirements for the protection of certain information, and in order to satisfy such requirements, Changer has (a) agreed to comply with (i) the E.U.-U.S. Privacy Shield Framework Principles, including the Supplemental Principles, designed by the U.S. Department of Commerce and the European Commission and (ii) the Swiss-U.S. Privacy Shield Framework Principles, including the Supplemental Principles, designed by the U.S. Department of Commerce and Swiss Administration and (b) elected to self-certify under the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework administered by the U.S. Department of Commerce (the “Privacy Shield”). In particular, Changer has agreed, with respect to all Shield Information, to adhere to the Privacy Shield’s principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access and recourse, enforcement and liability. For purposes of enforcing compliance with the Privacy Shield, Changer is subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission, which can impose sanctions consisting of administrative orders and civil penalties. Changer is listed at https://www.privacyshield.gov/list as having certified to its compliance with the Privacy Shield. For more information regarding the Privacy Shield, please see the U.S. Department of Commerce’s website at http://privacyshield.gov.
3. 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, the times 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, credit or debit card information).
(e) “Sensitive Information” means all Shield Information of an individual concerning the (i) health, (ii) racial or ethnic origin, (iii) political opinions, (iv) religious or philosophical beliefs, (v) union membership, (vi) genetic data, (vii) biometric data or (viii) sex life or sexual orientation of such individual.
(f) “Shield Information” means all Personal Information that relates to individuals in the European Union or Switzerland or that is otherwise covered by the Privacy Shield.
4. 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) except for Shield Information, 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 25. 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.
6. 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 25 or by following the directions contained in such e-mail messages or other electronic communications.
7. 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.
8. Sensitive Information
In the unlikely event that Changer collects any Sensitive Information from you, your explicit consent (i.e. among other things, you must “opt in”) will be obtained before such Sensitive Information is (a) disclosed to a third party or (b) used for a purpose other than the purposes for which such Sensitive Information was originally collected or subsequently authorized by you through explicit consent. Changer will also treat as Sensitive Information any Shield Information of an individual received by Changer from a third party if the third party identifies it in writing to Changer, and treats it, as Sensitive Information.
9. Information Location
All Personal Information is processed by Changer on servers located at off-site data center locations.
Changer will use commercially reasonable administrative and technical measures to protect Personal Information from loss and unauthorized access, 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, 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, altered, destroyed, disclosed or used without authorization.
11. Use of Collected Information
All Collected Information may be used by Changer for any legitimate business purpose (including, but not limited to, marketing), except that (a) in the case of Shield Information and only to the extent required by the Privacy Shield, such purpose (i) is relevant to any purpose for which Shield Information has been collected by Changer or (ii) has been subsequently authorized by you, and (b) 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.
12. Transfer of Collected Information
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, except that, in the case of Shield Information and only to the extent required by the Privacy Shield, (a) Changer will notify you of such transfer, (b) such third party’s right to use Shield Information is limited to such purposes, (c) such third party is obligated to provide at least the same level of privacy protection as is required by the Privacy Shield, (d) Changer takes commercially reasonable measures to ensure that such third party effectively processes Shield Information in a manner consistent with Changer’s obligations under the Privacy Shield, (e) such third party is required to notify Changer if such third party makes a determination that it can no longer meet its
obligation to provide the same level of privacy protection as required under the Privacy Shield, (f) upon such notice, Changer must take commercially reasonable measures to terminate and remediate unauthorized processing of Shield Information by such third party, and (g) upon the request of the U.S. Department of Commerce (or its designee), Changer must provide a summary or representative copy of the relevant privacy provisions of its agreements with such third party. In cases of onward transfers to third parties of Shield Information, Changer is potentially liable for the failure of such third party to comply with the Privacy Shield.
Changer may also at any time, in its sole discretion, transfer to third parties any Collected Information (a) to comply with, or as permitted by, any applicable law or to comply with any government request, (b) to cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) to protect the rights, property or legitimate business interests of Changer or a third party, or (d) in connection with a third party acquiring 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.
13. Information Deletion
Upon your request sent to Changer pursuant to Section 25, 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, judicial proceeding, government investigation or other similar matter.
14. Third-Party Operator
Changer does not warrant or represent that any Collected Information will be accurate or error-free. However, upon your request, Changer will grant you access to your Shield Information in the possession, or under the control, of Changer solely for the purpose of your correcting or deleting such Shield Information that is inaccurate or has been processed in violation of the Privacy Shield, except where the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Shield Information for such purpose, you must contact Changer as set forth in Section 25.
The use of the System by a child under 13 years of age requires the consent of the child’s parent or guardian. 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 25, and provide all information requested by Changer to assist it in identifying the information to be removed.
17. California Residents
Residents of California may request certain information regarding the transfer by Changer of their Personal Data to third parties for direct marketing purposes of such third parties. To make such a request, you must contact Changer as set forth in Section 25.
18. Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with, (a) the laws of the state of Florida, without regard to its principles of conflict of laws, and in the case of Shield Information, (b) the Privacy Shield. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law or the Privacy Shield, the latter shall control.
Except as provided in Section 20, any complaint by you regarding any Collected Information, or otherwise relating to this policy, whether or not covered by the Privacy Shield, must first be submitted to Changer as set forth in Section 25, 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.
20. Independent Recourse Mechanism
If you have a complaint that relates to Shield Information, Changer offers an independent recourse mechanism to resolve your complaint that you may use in lieu of the process described in Section 19. The independent recourse mechanism offered by Changer is more fully described at http://privacyshield.gov. In order to access the independent recourse mechanism, you must file a complaint with the International Centre for Dispute Resolution of the American Arbitration Association (“ICDR”), and after receiving your complaint, ICDR will resolve the dispute between you and Changer by following the ICDR Dispute Resolution Procedures located at http://go.adr.org/privacyshield.html. All fees of ICDR in connection with your use of its independent recourse mechanism described in this Section will be paid by Changer.
If all other options available to you for resolving a complaint are unsuccessful, and upon satisfaction of certain other conditions, you can lodge your complaint with the Privacy Shield Panel, which is an “arbitration mechanism” of three neutral arbitrators. Any decision of the Privacy Shield Panel is binding on Changer, and enforceable in, courts of the United States.
21. 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. If you use the System, such use will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.
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 the Privacy Shield or any other 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 in the Privacy Shield or other applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with your enforcing your rights under this policy.
25. 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 Corporation
1400 N.W. 65th Place
Fort Lauderdale, Florida 33309
Effective Date: September 29, 2019