Terms of Service

Last Updated: March 2023

This Agreement sets forth the terms and conditions that govern the provision and use of: (i) the SaaS Services for the provision of an employee spend management solution; (ii) the Charge Card Services, if you have been approved for such Services by Float; and (iii) consulting, training and other Professional Services made available by Float in connection with the SaaS Services. By applying for the Services, you agree to the terms and conditions set out in this Agreement so please read this Agreement carefully.

This Agreement replaces all previous terms and conditions governing the Services but does not replace the Customer Cardholder Card Terms and the Permitted User Card Terms, which are separate agreements with the Issuer and which continue to apply to your Cards. Float may update or replace this Agreement at any time by posting an updated version to our website, and we may provide you with advance notice of certain significant changes to this Agreement.

1. SaaS Services

  1. Provisioning of the SaaS Services: Subject to your and your Permitted Users’ compliance with the terms and conditions of this Agreement, Float will make the SaaS Services available to you on the terms and conditions set out in this Agreement during the Term.
  2. Card Terms: The SaaS Services include the access to and use of the Cards. As a condition to using the SaaS Services and the Charge Card Services, if applicable, you must agree to the Customer Cardholder Card Terms and you must ensure that each Permitted User is presented with and agrees to the Permitted User Card Terms. A failure to comply with the Customer Cardholder Card Terms or the Permitted User Card Terms is a breach of this Agreement.
  3. Card Use: You agree to establish and maintain controls designed to ensure that the Cards are only used for bona fide business-related Charges and in compliance with the Customer Cardholder Card Terms, the Permitted User Card Terms, and the Card Network rules. You are solely responsible for Charges made by any individuals given access to Cards even if they are not the person associated with or named on the Card. Float, Issuer, Card Networks, or other intermediary Third Party Service Providers (including merchant acquirers) may deny or reverse Charges for any reason. Float is not responsible for any Losses caused by or related to Charges that are denied or reversed. If you have a dispute with a merchant regarding a Charge, including delivery of the incorrect goods or services or being charged the wrong amount, you should first attempt to resolve the dispute with the merchant. Please also refer to the dispute resolution process set out in the Customer Cardholder Card Terms or the Permitted User Card Terms, as applicable.
  4. Linked Account: You must connect at least one Linked Account before we will provide you with the Services. We will use Financial Data from Linked Accounts as well as other Customer Data you supply to verify account balances and account information, establish spending limits, identify spending patterns and potential fraud, determine spending limits, analyze and report transactions, and provide Services to you. You must maintain at least one Linked Account at all times. Float may also require you to provide access to Customer Data, including details of Other Accounts, directly or  through Third Party Services for the purpose of underwriting financial products.
  5. Rewards: We reserve the right to introduce Reward programs, including, but not limited to, Cashback, Yield and our referral programs, at our sole discretion. The terms and conditions governing these reward programs will be accessible on our website. Additionally, we may, at our sole discretion, present you with promotional offers from third parties. It is important to note that Float does not provide the services offered by these third parties, and their services may be subject to additional terms and conditions set forth by the third-party provider. We are not responsible for resolving any disputes you may have with a third party provider and we are not responsible for any losses related to or caused by such promotional offers and any services you choose to receive from a third party.These Rewards, including their nature, types, values, or any other element may be changed at any time without prior notice.
  6. Restrictions on Use: You will not and you will not permit others to: (i) sub-license, sell, rent, lend, lease or distribute the SaaS Services or any Intellectual Property Rights therein, or otherwise make the SaaS Services available to the parties other than Permitted Users; (ii) use the SaaS Services to permit timesharing, service bureau use or commercially exploit the SaaS Services; (iii) use or access the SaaS Services: (A) in violation of any Applicable Law or Intellectual Property Right; (B) in a manner that threatens the security or functionality of the SaaS Services; or (C) for any purpose or in any manner not expressly permitted in this Agreement; (iv) use the SaaS Services to create, collect, transmit, store, use or process any Customer Data: (A) that Customer does not have the lawful right to create, collect, transmit, store, use or process; (B) that violates any Applicable Laws, or infringes, violates or otherwise misappropriates the Intellectual Property Rights or other rights of any third party (including any moral right, privacy right or right of publicity); or (C) that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (v) Modify the SaaS Services; (vi) attempt to reverse engineer, de-compile or disassemble the SaaS Services; (vii) access or use the SaaS Services for the purpose of building a similar or competitive product or service; or (viii) perform any vulnerability, penetration or similar testing of the SaaS Services.
  7. Additional Obligations: You will, except to the extent due to Float’s breach of the Agreement, assume all risk and liability associated with transactions, including any risk of counterfeit, charged-back or fraudulent transactions; and (ii) have sole responsibility for verifying the accuracy, completeness or authenticity of any data furnished by you or a third party to Float or its partner financial institution.
  8. No Online Gambling: Company agrees not to use the SaaS Service in connection with any business of placing, receiving or otherwise knowingly transmitting bets or wagers by any means which involves the use, at least in part, of the Internet, or for any other transaction which is prohibited by Federal Reserve Regulation GG – Unlawful Internet Gambling Enforcement Act of 2006.
  9. Suspension of Access; Scheduled Downtime; Modifications: Float may, from time to time and in its discretion without limiting any of its other rights or remedies at law or in equity under this Agreement: (i) suspend your access to or use of the SaaS Services if you breach this Agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured seven (7) days after Float provides you with written notice of such breach; and (ii) make any Modifications to the SaaS Services provided the SaaS Services are not materially changed.
  10. Subcontracting: Float may engage Third Party Service Providers to provide the Services.

2. Ownership; Reservation of Rights

  1. Except as specifically set forth in this Agreement, nothing in this Agreement assigns or grants to Float any right, title or interest including any Intellectual Property Rights in or to Customer Data. Customer grants to Float a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable, and fully paid-up right during the Term to access, collect, use, process, store, disclose and transmit Customer Data to: (i) provide the Services; (ii) improve and enhance the Services and its other offerings; and (iii) produce data, information or other materials that are not identified as relating to a particular individual or company. Float may use, process, store, disclose and transmit such data, information and materials for any purpose and without restriction or obligation to Customer of any kind.
  2. Float or its licensors retain all rights, title and interest including all Intellectual Property Rights in and to: (i) the Services; (ii) anything used, developed or delivered by or on behalf of Float under this Agreement; and (iii) any Modifications to the foregoing (i) and (ii).

3. Privacy and Electronic Communications

  1. Customer understands that Personal Information, including the Personal Information of Permitted Users, will be treated in accordance with Float’s Privacy Policy located at https://floatcard.com/legal/#cad-privacy-policy and Applicable Laws, including applicable privacy laws.
  2. When you use or view the Services or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message or by posting notices through the SaaS Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  3. By subscribing for Services, you acknowledge and agree that Float will send you service-related e-mails relating to your Account, including service updates. These communications can be managed through user features made available through the Services from time to time. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us at support@floatcard.com. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. You acknowledge and agree that you are solely responsible for providing Float with accurate contact information
  4. You acknowledge and agree that you are solely responsible for providing Float with accurate contact information for the purposes of any electronic communications between us and you, including your mobile device number and email address.

4. Customer User Account; Responsibility for Permitted Users

Upon Customer’s request, Float will issue one or more administrator accounts to Customer that provides Customer with the capability to create user accounts (each, a “Customer User Account”) for use by Customer and all individuals who are employees or contractors of Customer that Customer wishes to have access to and use of the SaaS Services, and if approved, the Charge Card Services (each user, and each administrator, a “Permitted User”). Customer will ensure that each Permitted User only uses the SaaS Services and the Charge Card Services through its assigned Customer User Account. Customer will not allow any Permitted User to share its Customer User Account with any other person.

  1. You are responsible for identifying and authenticating all Permitted Users and for ensuring that the Permitted Users’ use of the SaaS Services and the Charge Card Services is in compliance with this Agreement. You are responsible for selecting who in your organization should have access to Cards. You agree to establish and maintain controls designed to ensure that all Permitted Users agree to the Permitted User Card Terms and that Permitted Users only use the Cards for Customer’s business purposes and in compliance with Card Network rules.
  2. You will, and you ensure that all Permitted Users will keep the Customer User Accounts and Cards secure and access is only provided to Permitted Users. You will immediately disable Permitted User access to the Services or reduce spending limits where you know or believe your Customer User Account or any Card has been compromised or stolen or may be misused. You will promptly notify Float of any actual or suspected unauthorized use of the SaaS Services or the Charge Card Services and you will follow the notification process set out in the Customer Cardholder User Terms for reporting a lost or stolen or compromised Card.
  3. You are ultimately responsible for Losses caused by Permitted Users, or other persons given access to the Charge Card Services, your Customer User Accounts, or Cards. We may suspend access to your Customer User Accounts or Cards if we believe your Customer User Accounts or Cards have been compromised, used for an unauthorized purpose or that not doing so may pose a risk to you, Float, Issuer, or any third parties.
  4. If Company and a merchant have a dispute regarding a Charge identified on Company’s Periodic Statement, including delivery of the incorrect goods or services or being charged the wrong amount, Company should first attempt to resolve the dispute with the merchant. If such a dispute is not resolved to Company’s satisfaction or if Company believes the Charge is unauthorized, Company may initiate a Chargeback by contacting support@floatcard.com.

5. Support

Float will provide Customer with technical support for the SaaS Services (“Support Services”): (a) via email at support@floatcard.com; and (b) via Float’s knowledge base and documentation available online at help.floatcard.com.

6. Third Party Content; Websites or Services

Customer’s access to and use of certain functionalities provided in or through the Services may provide links or access to third party content, websites, services or systems. Float does not endorse any third party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under the control of Float, and if Customer chooses to access any such content, websites, services, or systems Customer does so entirely at its own risk. Customer acknowledges that it may be required by to accept terms and conditions applicable to third party content, websites, services, or systems, that such terms may supersede the terms in this Agreement with respect to the use of such third party content, websites, services or systems, and Customer agrees to accept and comply with any such terms and conditions.

7. Charge Card Services

This Section 7 applies if you have applied for, and Float has approved you for the Charge Card Services and by submitting your application for the Charge Card Services, you accept and agree to the terms and conditions set out in this Agreement that apply to the Charge Card Services. Cards are issued to Permitted Users by the Issuer and you and Permitted Users are required to enter into relevant card terms and conditions with the Issuer in order to receive Charge Card Services.

  1. The Charge Card Services: Float will make funds available to the Issuer in advance, on your behalf and up to your spending limit, to settle the transactions you make using your Card, subject to the terms and conditions set out in this Agreement (the “Charge Card Services”).
  2. Spending Limits: Customer spending limits are set by Float and using Customer Data including available funds and spending patterns, unbilled volume, financial position including revenue, profitability and cash flow, the nature and history of your business, and anticipated use of Cards. We may not disclose exact spending limits but may provide guidance identifying whether specific transactions or monthly volumes may exceed any spending limits. Spending limits are dynamic and may be modified at any time with or without notice to you, including temporary increases or decreases to your spending limits or reducing spending limits to $0. Administrators may set Permitted User-specific limits or controls through your Customer User Account, but the aggregate spending limit for all Permitted Users may not exceed the total spending limit established for the Customer.
  3. Periodic Statements: We will provide you periodic statements identifying Charges, refunds, or other amounts owed or credited to your Customer User Accounts, together with Fees. You are responsible for payment in full of all amounts showing as due on your Periodic Statement. Your Designated Account will be automatically debited for the full amount identified in the Periodic Statement at the end of each billing cycle and your Customer User Accounts will show the credit the day after payment is received. Unless otherwise specified in writing by Float, Periodic Statements for standard usage are issued monthly.
  4. Overdue Amounts; Set-off: We may, at any time, without notice or demand, set off any credit you have with us, including any funds loaded onto a Card, or amounts we owe to you against any amount you owe us until everything you owe us has been fully repaid.
  5. Suspension: We may suspend the Charge Card Services for any reason at any time, including where the Customer Data is incomplete, inaccurate or out of date, you cancel your PAD authorization without providing us with a substitute authorization or if you no longer have a Linked Account.

8. PAD Authorization

THIS SECTION PROVIDES AUTHORIZATION TO DEBIT YOUR BANK ACCOUNTS FOR AMOUNTS YOU OWE UNDER THIS AGREEMENT INCLUDING LINKED ACCOUNTS AND OTHER ACCOUNTS. PLEASE READ IT THOROUGHLY.

  1. You authorize Float, and any financial institution designated by Float, to issue and process pre-authorized debits (“PADs”) and debit and credit the bank account you have designated for such purpose (“Designated Account”) for: (i) in respect of the Charge Card Services, the full amount owing under each Periodic Statement on the due date set out on the Periodic Statement; (ii) Fees invoiced to you on the due date set out on the applicable invoice; (iii) any other amounts that may become due and payable under this Agreement, including any overdue amounts, interest, Fees and other charges, on the next regularly scheduled debit date; and (iv) in the event that this Agreement is terminated, all outstanding amounts will be debited on the termination date. In the event that we are unable to debit the Designated Account  for amounts described above we may debit other Linked Accounts or Other Accounts to satisfy such amounts. Except where required by applicable law or the NACHA Rules, you waive your right to receive pre-notification of the amounts of the PADs or any change in the amounts of the PADs and agree that you do not require advance notice of the amounts of PADs or any change in the amounts of the PADs before the debits are processed. Such waiver of notification is not applicable to any one-time or sporadic debits for which Float is required to obtain your authorization in accordance with Rule H1 of the Canadian Payments Association.
  2. For transactions governed under Payments Canada regulations, this is a business PAD. You must promptly tell Float, in writing, of any change to the Designated Account. You have certain recourse rights if any PAD does not comply with this authorization. For example, you have the right to receive reimbursement for any PAD that is not authorized or is not consistent with this authorization. To obtain more information on your recourse rights, you may contact your financial institution or visit www.payments.ca. You may revoke this authorization at any time, upon providing 30 days’ notice, in writing, to Float or as Float may advise from time to time. You may obtain a sample cancellation form or further information on your right to cancel a PAD agreement at your financial institution, by contacting Float or by visiting www.payments.ca. This authorization applies only to the method of payment and you agree that cancellation of this authorization does not terminate or otherwise have any effect on any contract that exists between you and Float, including this Agreement.
  3. For transactions governed under NACHA rules, both parties agree to be bound by NACHA Operating Rules as they pertain to these transactions. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law.  You agree not to dispute these scheduled transactions with your bank provided the transactions correspond to the terms indicated in this authorization.
  4. You understand that this authorization will remain in effect until it is canceled in writing, and you agree to notify Float in writing of any changes in its account information or termination of this authorization at least 30 days prior to the next billing date. You acknowledge that any changes an authorized representative makes to account information via an online customer portal will be considered written notice of change and will constitute authorization to charge the new account in place of the account previously identified.
  5. If the above noted payment dates fall on a weekend or holiday, you understand that the payments may be executed on the next business day. You understand that because these are electronic transactions, these funds may be withdrawn from your account as soon as the above noted transaction dates, and that you will have limited time to report and dispute errors.  In the case the transaction is returned for Non-Sufficient Funds (NSF) you understand that Float may at its discretion attempt to process the charge again within 30 days, and you agree to an additional charge for each attempt returned NSF, which will be initiated as a separate transaction from the authorized payment. You have certified that the provided business bank account is enabled for ACH transactions, and agree to reimburse Float for all penalties and fees incurred as a result of your bank rejecting ACH debits or credits as a result of the account not being properly configured for ACH transactions.

9. Beta Services

We may, but do not have to, make Beta Services available to you. Any Beta Services are provided to you AS IS and AS AVAILABLE, without any warranty. We may use any Feedback about the Services or Beta Services freely and without restriction. Except where specifically agreed to by us in writing, we will not compensate or credit you for Feedback you provide to us.

10. Fees and Payment

  1. Fees: Customer will pay to Float the fees disclosed to you when opening your Customer User Accounts or through our website (the “Fees”). Unless otherwise noted, all amounts owing under this Agreement are identified in Canadian dollars and all Fees relating to the SaaS Services are payable in advance. Fees will include foreign transaction and other fees.
  2. Changes to the Fees: Float reserves the right to change the Fees and institute new charges upon providing not less than 30 days prior notice to you.
  3. Invoicing: Float will prepare and send to the Customer, at the then-current contact information on file with Float, an invoice for any Fees that have become due and payable. Unless otherwise expressly stipulated in an invoice, Customer will pay all invoiced amounts on the 1st day of the month following the invoice date, but in any event within 30 calendar days of the invoice date. This process does not apply to Fees payable in connection with the Charge Card Services and set out on your Periodic Statement.
  4. Disputed Invoices or Charges: If Customer believes Float has charged or invoiced Customer incorrectly, Customer must contact Float through though the SaaS Services or by contacting the Support Services contact set out in Section 5 no later than 45 days after having been charged by Float or receiving such invoice or Periodic Statement in which the error or problem appeared in order to request an adjustment or credit. In the event of a dispute, Customer will pay any undisputed amounts in accordance with the payment terms herein, and the parties will discuss the disputed amounts in good faith in order to resolve the dispute.
  5. Late Payment: Customer may not withhold or setoff any amounts due under this Agreement. Float reserves the right to suspend Customer’s access to the Services until all due and undisputed amounts are paid in full. Any failure to pay the full amount owed to Float when required is a breach of this Agreement. You are responsible for all costs or expenses that we incur collecting amounts owed but not timely paid, including legal or collections fees. If a payment you make is returned to us for any reason, you must pay us an NSF fee of $125, and if the reason is due to insufficient funds in your Designated Account, you must immediately, and in any event within three business days, deposit sufficient funds into the Designated Account in order for us to collect the overdue payment. In addition to any other rights we may have under this Agreement or at law, late payments will incur interest at the rate of one and a half percent (1.5%) compounded monthly (19.56% annually), or the maximum legal rate (if less), plus all expenses of collection, until fully paid.
  6. Taxes: The Fees set out in this Agreement do not include applicable sales, use, excise, gross receipts, value-added, GST or HST, personal property or other taxes. Customer will be responsible for and pay all applicable taxes, duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with this Agreement, other than taxes based on the net income or profits of Float.
  7. Suspension: Any permitted suspension of the Services by Float pursuant to the terms of this Agreement will not excuse Customer from its obligation to make payments under this Agreement.

11. Confidential Information

  1. Definitions: For the purposes of this Agreement, a party receiving Confidential Information (as defined below) will be the “Recipient”, the party disclosing such information will be the “Discloser” and “Confidential Information” of Discloser means any and all information of Discloser or any of its licensors that has or will come into the possession or knowledge of the Recipient in connection with or as a result of entering into this Agreement, including information concerning the Discloser’s past, present or future customers, suppliers, technology or business, and where Discloser is Customer includes Customer Data; provided that Discloser’s Confidential Information does not include, except with respect to Personal Information: (i) information already known or independently developed by Recipient without access to Discloser’s Confidential Information; (ii) information that is publicly available through no wrongful act of Recipient; or (iii) information received by Recipient from a third party who was free to disclose it without confidentiality obligations.
  2. Confidentiality Covenants: Recipient hereby agrees that during the Term and at all times thereafter it will not, except to exercise its rights or perform its obligations under this Agreement: (i) disclose Confidential Information of the Discloser to any person, except to its own personnel or affiliates that have a “need to know” and that have entered into written agreements no less protective of such Confidential Information than this Agreement, and to such other recipients as the Discloser may approve in writing; (ii) use Confidential Information of the Discloser; or (iii) alter or remove from any Confidential Information of the Discloser any proprietary legend. Each party will take industry standard precautions to safeguard the other party’s Confidential Information, which will in any event be at least as stringent as the precautions that the Recipient takes to protect its own Confidential Information of a similar type.
  3. Exceptions to Confidentiality: Notwithstanding subsection 11 (Confidentiality Covenants), Recipient may disclose Discloser’s Confidential Information: (i) to the extent that such disclosure is required by Applicable Law or by the order of a court or similar judicial or administrative body, provided that, except to the extent prohibited by law, the Recipient promptly notifies the Discloser in writing of such required disclosure and cooperates with the Discloser to seek an appropriate protective order; (ii) to its legal counsel and other professional advisors if and to the extent such persons need to know such Confidential Information in order to provide applicable professional advisory services in connection with the party’s business; or (iii) in the case of Float, to potential assignees, acquirers or successors of Float if and to the extent such persons need to know such Confidential Information in connection with a potential sale, merger, amalgamation or other corporate transaction involving the business or assets of Float.
  4. Publicity: We may identify you as a customer on the Website or on other promotional communications during the term of this Agreement and you grant us rights to use your trademarks and business name for such limited purpose. Please notify us if you prefer that we not identify you as a Float customer and we will remove references to you on our Website and promotional communications.

12. Warranty; Disclaimer

  1. Customer Warranty: Customer represents and warrants to, and covenants with Float that:
    1. the Customer Data will only contain Personal Information in respect of which Customer has provided all notices and disclosures (including to each Permitted User), obtained all applicable third party consents and permissions and otherwise has all authority, in each case as required by Applicable Laws, to enable Float to provide the Services, including with respect to the collection, storage, access, use, disclosure, processing and transmission of Personal Information, including by or to Float and to or from all applicable third parties;
    2. all Customer Data provided to Float is, at all times, true and complete and up to date;
    3. you are, and will continuously throughout the term of this Agreement be, duly organized and in good standing under the laws of your jurisdiction of formation;
    4. each Permitted User has the requisite organizational power and authority to conduct business and manage the Customer User Account;
    5. you are not a consumer within the meaning of applicable consumer protection laws, or a sole proprietor; and
    6. you and each Permitted User will not engage in activities prohibited by this Agreement or the Customer Cardholder Card Terms or the Permitted User Card Terms., as applicable
  2. GENERAL DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, FLOAT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES (OR ANY PART THEREOF), AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY FLOAT TO CUSTOMER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND FLOAT DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO CUSTOMER IN CONNECTION WITH CUSTOMER’S USE OF THE SERVICES (OR ANY PART THEREOF) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY CUSTOMER FOR ANY PURPOSE WHATSOEVER. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY LICENSED THIRD PARTY TECHNOLOGY IS STRICTLY BETWEEN CUSTOMER AND THE THIRD PARTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FLOAT HEREBY DISCLAIMS ALL IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

13. Indemnities

  1. Float Indemnity: (i) Float will indemnify, defend, and hold harmless Customer and its officers, directors, employees, and agents (each, a “Customer Indemnitee”) from and against any and all Losses incurred by a Customer Indemnitee arising out of or relating to any claim, action, demand, inquiry, audit, proceeding, or investigation of any nature, civil, criminal, administrative, regulatory, or other, whether at law, in equity or otherwise (collectively, an “Action”) by a third party (other than an affiliate of a Customer Indemnitee) that arise from or relate to any allegation that the SaaS Services infringe any third party Intellectual Property Right in Canada or the United States. (ii) Float’s obligations under subsection (i) do not apply to any Action or Losses arising out of or relating to any of the following (“Excluded Claims”): (A) incorporation of any SaaS Services into, or any combination, operation, or use of any SaaS Services with, any products or services not provided or authorized by Float, unless such infringement would also have resulted solely from the use of the SaaS Services without their incorporation in, or combination, operation or use, with such other products or services; (B) Modification of any SaaS Services other than by Float or with Float’s express written approval; or (C) unauthorized use of the SaaS Services. (iii) If the SaaS Service is, or in Float’s opinion is likely to be, claimed to infringe, misappropriate, or otherwise violate any third party Intellectual Property Right, or if Customer’s use of any SaaS Service is enjoined or threatened to be enjoined, Float may, at its option and sole cost and expense: (A) obtain the right for Customer to continue to use the affected SaaS Services materially as contemplated by this Agreement; (B) Modify or replace SaaS Services, in whole or in part, to seek to make the SaaS Services (as so modified or replaced) non-infringing while providing materially equivalent features and functionality, in which case such Modifications or replacements will constitute SaaS Services under this Agreement; or (C) if Float determines that neither of the foregoing two options are reasonably available, by written notice to Customer, terminate this Agreement and require Customer to immediately cease all use of the SaaS Services or part or feature thereof.
  2. Customer Indemnity: Customer will defend, indemnify and hold harmless Float, and its officers, directors, employees and agents (each, an “Float Indemnitee”) from and against any and all Losses incurred by a Float Indemnitees arising out of or relating to any Action by a third party (other than an affiliate of a Float Indemnitee) that arise from or relate to:
     (i) Customer Data; (ii) Customer’s breach of subsections 1 (Restrictions on Use) or subsection 12 (Customer Warranty); (iii) unauthorized use Services by Customer or any Permitted User; (iv) Excluded Claims; (iv) a dispute over a Charge between Customer and a merchant; or (v) Customer’s or a Permitted User’s breach of this Agreement, the Customer Cardholder Card Terms or the Permitted User Card Terms.
  3. Indemnification Procedure: Each party will promptly notify the other party in writing of any Action for which such party believes it is entitled to be indemnified pursuant to this Section 13. The party seeking indemnification (the “Indemnitee”) will cooperate with the other party (the “Indemnitor”) at the Indemnitor’s sole cost and expense. The Indemnitor will promptly take control of the defense and investigation of such Action and will employ counsel of its choice to handle and defend the same, at the Indemnitor’s sole cost and expense. The Indemnitee’s failure to perform any obligations under this Section 13 will not relieve the Indemnitor of its indemnity obligations under this Section 13 except to the extent that the Indemnitor can demonstrate that it has been materially prejudiced as a result of such failure. The Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing.

14. Limitation of Liabilities

  1. AMOUNT: EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION 14 (EXCEPTIONS), TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY IN CONNECTION WITH OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE SERVICES IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
  2. TYPE: EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION 14 (EXCEPTIONS), TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) LOST OR LOSS OF (A) SAVINGS, (B) PROFIT, (C) DATA, (D) USE, OR (E) GOODWILL; (III) BUSINESS INTERRUPTION; (IV) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (V) PERSONAL INJURY OR DEATH; OR (VI) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.
  3. Exceptions: The exclusions and limitations in Subsections 14 (Amount) and (Type) do not apply to: (i) either party’s obligations under Section 11; (ii) Losses arising out of or relating to Customer’s breach of its obligations under Subsection 1 (Restrictions on Use) or Section 10 (Fees and Payment); or (iii) Losses arising out of or relating to a party’s gross negligence or more culpable conduct, including any willful misconduct or intentionally wrongful acts.

15. Term and termination

  1. Term: This Agreement will continue to be in effect until it is terminated in accordance with its terms (the “Term”).
  2. Termination for Convenience: Either party may terminate this Agreement at any time by providing at least 30 days’ advance written notice to the other party. If you have been approved for the Charge Card Services, either you or we may terminate the Charge Card Services at any time by providing at least 30 days’ advance written notice to the other party, and in such case, the remainder of this Agreement will continue to be in effect.
  3. Termination for Cause: Either party may terminate this Agreement by giving to the other party written notice of termination upon the occurrence of any of the following events: (i) the other party breaches or defaults on any of the material terms or conditions of this Agreement (including Customer’s payment obligations under Section 10) and fails to cure such breach or default within thirty (30) days of written notice thereof; except that, in the event of any breach that is incapable of being cured, such termination will be effective immediately; (ii) the other party makes any assignment for the benefit of creditors or is unable to pay its debts as they mature in the ordinary course of business; or (iii) any proceedings are instituted by or against the other party under any insolvency laws or for reorganization, receivership or dissolution. In addition, we may terminate this Agreement for cause if you cancel your PAD authorization without providing a replacement authorization, if any debit through your PAD fails, if you dispute any debit made through your PAD authorization with your financial institution for amounts properly due under this Agreement or if you have been approved for the Charge Card Services and, you fail to maintain a Linked Account with us.
  4. Effect of Termination; Transition: Upon termination of this Agreement or the Charge Card Services, as applicable, you will immediately cease accessing or using the Services, or the Charge Card Services, as applicable, and will immediately pay us all outstanding amounts, including any outstanding Charges, Fees or Fines that are outstanding as of the termination date. Within thirty (30) calendar days following termination of this Agreement, Float will, at Customer’s option, return to Customer or delete or otherwise render inaccessible any Customer Data that remains in the hardware or systems used by Float to provide the SaaS Services.
  5. Survival: The following Sections, together with any other provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive expiration or termination of this Agreement for any reason: Section 10, Section 11, Section 12, Section 14, Subsection 15 (Survival), and Section 16.

16. General Provisions

  1. Notices: Notices sent to either party will be effective when delivered in writing and in person or by email, one day after being sent by overnight courier, or five days after being sent by first class mail postage prepaid to the official contact designated by the party to whom a notice is being given. Notices must be sent: (i) if to Float, to the following address: 151 Charles Street West, Suite 199, Kitchener, Ontario, N2G 1H6; Attention: Ruslan Nikolaev; Email: ruslan@floatcard.com and (ii) if to Customer, to the current postal or email address that Float has on file with respect to Customer. Float may change its contact information by posting the new contact information on the Website or by giving notice thereof to Customer. Customer is solely responsible for keeping its contact information on file with Float current at all times during the Term.
  2. Assignment: Float may, upon giving written notice to Customer, assign its rights and obligations under this Agreement to any of its affiliates or pursuant to a merger, amalgamation or other corporate reorganization or a sale of substantially all of its assets relating to that portion of its business that delivers the Services. In this case, such assignee will have and may exercise all the rights, and will assume all of the obligations, of Float under this Agreement, except that the assignment will not release Float from liability for Float’s obligations under this Agreement. Except for such permitted assignment, neither party may assign this Agreement or any rights or obligations under this Agreement without the prior written consent of each of the other party. This Agreement ensures to the benefit of and is binding upon the parties and their respective successors and permitted assigns.
  3. Governing Law and Attornment: This Agreement is governed by the law, jurisdiction, and venue set out in the table below, without regard to conflict of laws principles that would require the application of the laws of another jurisdiction. You submit to the exclusive jurisdiction of the courts set out in that table.
Float counterpartyNoticeGoverning LawCourts having exclusive jurisdiction and venue
Float Financial Solutions Inc.

(Canadian Corporation)
Send to Ruslan Nikolaev via both:

(a) Email to legal@floatcard.com

(b) Registered mail to:
600-116 Spadina Ave
Toronto, ON  M5V 2K6
Canada
Province of Ontario and the federal laws of Canada applicable thereinThe parties will initiate any lawsuits in connection with this Agreement in Toronto, Ontario, Canada, and irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting therein. Notwithstanding the foregoing,
Float Financial Solutions US Inc.

(US Corporation)
Send to Ruslan Nikolaev via both:

(a) Email to legal@floatcard.com

(b) Registered mail to:
600-116 Spadina Ave
Toronto, ON  M5V 2K6
Canada
State of Delaware and the federal laws of the United States of America applicable thereinThe parties will initiate any lawsuits in connection with this agreement in Delaware, United States of America.

Float may: (i) commence lawsuits to collect unpaid fees from Customer; and (ii) seek injunctive relief with respect to a violation of Float’s Intellectual Property Rights; in any appropriate jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

  1. Export Restrictions: Customer agrees not to directly or indirectly export or re-export any of the Services without first obtaining all required licenses, permits and permissions required under Applicable Law. Float makes no representation or warranty that the Services may be exported without Customer first obtaining appropriate licenses or permits under Applicable Law, or that any such license or permit has been, will be, or can be obtained.
  2. Construction: Except as otherwise provided in this Agreement, the parties’ rights and remedies under this Agreement are cumulative and are in addition to, and not in substitution for, any other rights and remedies available at law or in equity or otherwise. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of this Agreement are for reference purposes only and have no substantive effect.
  3. Force Majeure: Neither party will be liable for delays caused by any event or circumstances beyond that party’s reasonable control, including acts of God, pandemics, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving that party’s employees), Internet service failures or delays, or the unavailability or Modification by third parties of telecommunications or hosting infrastructure or third party websites (“Force Majeure”).
  4. Severability: Any provision of this Agreement found by a tribunal or court of competent jurisdiction to be invalid, illegal or unenforceable will be severed from this Agreement and all other provisions of this Agreement will remain in full force and effect.
  5. Waiver: A waiver of any provision of this Agreement must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
  6. Independent Contractors: Float’s relationship to Customer is that of an independent contractor, and neither party is an agent or partner of the other. Neither party will have, and neither party will represent to any third party that it has, any authority to act on behalf of the other party.
  7. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, representations or other communications between the parties, whether written or oral.

English Language: It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

17. Definitions:

  1. Applicable Laws” means applicable statutes, by-laws, rules, regulations, orders, ordinances or judgments, in each case of any Governmental or Regulatory Authority.
  2. Beta Services” means beta or pre-release products or services, which may contain features and functionality that are incomplete or subject to substantial change or discontinuation.
  3. Cards” means the pre-paid physical or virtual payment cards issued by the Issuer and managed through your Customer User Accounts.
  4. Card Networks” means the payment card networks such as Visa or Mastercard.
  5. Charge” means a payment for goods or services made to a merchant that accepts payments on the applicable Card Network.
  6. Customer”, “you” or “your” means the entity that has one or more Customer User Accounts.
  7. Customer Cardholder Card Terms” means the Float Visa Prepaid Card Cardholder Agreement between Customer and Issuer https://floatcard.com/legal/#cad-cardholder-agreement.
  8. Customer Data” means any data, information, content, records, and files that you or any of your Permitted Users loads into, transmits to or enters into the SaaS Services or that is provided via a Linked Account, other information disclosed to us, or Third Party Services, including but not limited to Personal Information and Financial Data.
  9. Feedback” means all feedback, suggestions, ideas, or enhancement requests you submit to us.
  10. Financial Data” means Customer’s bank balance, transaction information, internal or accounting statements, and other account information accessible to Float through Linked Accounts, Other Accounts, Third Party Services, or the Charge Card Services application process.
  11. Fines” means all fines, fees, penalties, or other charges imposed by the Issuer or a Governmental or Regulatory Authority arising from your breaching of this Agreement, any other agreement between you and us, the Customer Cardholder Card Terms or a breach of the Permitted User Cardholder Terms by a Permitted User.
  12. Float”, “we”, “us” or “our” means Float Financial Solutions Inc.
  13. Governmental or Regulatory Authority” means any national, provincial, state, county, municipal, quasi-governmental or self-regulatory department, authority, organization, agency, commission, board, tribunal, regulatory authority, dispute settlement panel or body, bureau, official, minister, Crown corporation, or other law, rule or regulation-making entity having jurisdiction over Float, Customer, the Services, the Customer Data, any partner financial institution or any other person, property, transaction, activity, event or other matter related to this Agreement, including subdivisions of, political subdivisions of and other entities created by, such entities.
  14. Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
  15. Issuer” means Peoples Trust Company, the issuer of the Cards in Canada or Thread Bank, the issuer of Cards in the United States, as applicable. 
  16. Linked Account” means any account that is held with a financial institution or that provides Financial Data and is linked to or authorized for use through your Customer User Accounts..
  17. Loss” or “Losses” means any and all losses, damages, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.
  18. Other Accounts” means accounts for which Financial Data has been disclosed to Float during the Charge Card Services application process and used by Float in the determination of a Customer’s credit limit, but which is not a Linked Account.
  19. Periodic Statement” means the periodic statements identifying Charges, Fees, Fines, refunds, or other amounts owed or credited to your Customer User Accounts during each billing cycle.
  20. Modifications” means modifications, improvements, customizations, patches, bug fixes, updates, enhancements, aggregations, compilations, derivative works, translations and adaptations, and “Modify” has a corresponding meaning.
  21. Permitted User Cardholder Terms” means the Float Visa Prepaid Card – Card User Terms and Conditions https://floatcard.com/legal/#cad-card-user-agreement between a Permitted User and the Issuer.
  22. Personal Information” means information about an identifiable individual or information that is subject to applicable privacy or data protection laws.
  23. Professional Services” means any consulting, training and other professional services that Float may provide to you.
  24. “Rewards” refer to incentives and benefits provided by Float to customers for specific actions, engagements, or transactions conducted within the platform. Rewards may encompass various forms, including but not limited to Cashback, Yield, promotional items, access to exclusive features, or other tangible or intangible benefits, as determined by Float.
  25. SaaS Services” means: (i) services through which Float hosts and makes available the Float employee spend management solution, including issuing Cards, setting limits for expenditures made using those Cards, and tracking spending by individual employees to manage and track business spend; (ii) any component or Modification of the services referred to in (i); and (iii) the Support Services.
  26. Services” means the SaaS Services, Charge Card Services, and the Professional Services (or any part thereof).
  27. Third Party Services” means services and data provided by third parties connected to or provided through the Services. Third Party Services include accounting or expense management platforms (for example, QuickBooks, Expensify, Xero, and NetSuite), payment processors and e-commerce platforms (such as Shopify or Magento), and applications used to monitor Linked Accounts (for example, Flinks, Plaid or Finicity).
  28. Third Party Service Provider” means an affiliate or other third party that assists us in providing the Services to you, that supports our internal operations, or that provides other services related or connected to, or provided through the Services and a Customer User Account.
  29. “User” individuals fulfilling specific roles within Float, including but not limited to Spenders, Accounts Payable Clerks, Bookkeepers, Managers, and Administrators. Each of these roles may have distinct permissions, responsibilities, and access levels within our platform.
  30. Website” means any websites used by Float to provide the SaaS Services, including the websites located at https://stripe.com, https://auth0.com, https://marqeta.com, https://verygoodsecurity.com, https://synctera.com.

Float Financial Solutions Privacy Policy

Last Updated: November 2022

Float Financial Solutions Inc. and its subsidiary Float Financial Solutions US Inc. (“Float”) have prepared this privacy policy to explain the manner in which we collect, use and disclose personal information, including personal information that we collect through floatcard.com (the “Website”) and information we processes on behalf of our customers in connection with the use of our services

Children under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to the Website or receive our services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the information provided in the “Contact Us” section of this privacy policy.

For residents of Quebec, the above is applicable for children under 14.

Collection and use of personal information

  • Information we collect and use on behalf of our customersFloat provides an online spend management platform through which our customers can load funds onto prepaid payment cards or set limits on a charge card (collectively the “Float Cards”), set rules and budgets for expenditures made using those Float Cards, and track spending by individual employees manage and track business spending. In the course of providing these services, we receive and process personal information to provide the services to our customers as described below.
  • Information required to provide the Platform:  In order to provide the platform to our customers, we collect, use, and disclose personal information of individuals, including employees to whom our customers have issued Float Cards. The personal information we collect, use, and disclose includes business contact information such as name, job title, and company email address, as well as spend information (such as the type, dollar amount, and frequency of transactions). We use this information to provide spend management services on behalf of our customers, including to process and approve transactions and derive insights for our customers on employee spending patterns. All personal information collected or derived from an employee may be shared with our customer that issued Float Cards to those employees. We do not use this information for any other purpose except as set out in this privacy policy, customer’s agreement with us, or as required or permitted by applicable laws.
  • Transaction Data: We may collect certain information from Float Card users, such as payment amounts, Float Card number, transactions, and purchase details, amounts, and locations, as well as receipt data, which includes information that you submit to us to process your receipts, such as photos and support team messages. We use this information to operate and manage our service and the Float Cards, including preventing and detecting fraudulent or unauthorized transactions. We may also use this information to understand how our customers use the Service and Float Cards and to improve them.
  • Support Services: We may collect certain information (such as name, email address and nature of the inquiry) when we provide user support services by phone, email or within the platform, including to send you technical notices, updates, security alerts, information regarding changes to our policies, and support administrative messages.
  • Use of the Platform: We may monitor use of the platform by our customers’ employees or other authorized users in order to detect, investigate or prevent any actual or potential violation of our terms and conditions. We may also generate aggregated, non-identifiable data and use such information to monitor the performance, use and stability of the platform and to improve our services.

Information we collect and use through our Website, platform, and other interactions

  • Account Information:   We collect and use customer information in order to create an account that can be used to access and use the platform. This information includes customer name, billing address and other business contact information (email addresses, phone numbers), as well as a username and password that you create. We use this information to create and administer user accounts, authenticate users, process payments, and manage access and control rights. We ask that you do not disclose your password to anyone, and you are responsible for keeping your password confidential. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages). If you become aware of any unauthorized access to or use of your account, you are required to notify us immediately.
  • Company Data: With your consent, when you sign up for Float Cards we collect details about your company and its ownership, such as business owner name, email address, date of birth and home address, in order to comply with our legal and regulatory obligations under applicable Anti-Money Laundering legislation. When you connect your bank account via our third party partners, we collect information such as your balance, routing and account numbers, transaction history and tax identification number. When you connect your company’s accounting software to the platform, we collect details about your financial data. We use this information to operate and manage the Float Cards, including determining eligibility for the Float Cards, providing underwriting services, and otherwise providing services requested by you. We may also use this information to improve our Float Cards and services.
  • Booking a Demo:  If you request a free consultation or demo, we may collect your name, job title, and business contact information (including company email and phone number), and certain information about your company. We use this information to contact you and otherwise facilitate or provide you with your consultation or demo.
  • Marketing communications:  We may send you communications (including by mail and email). We collect your email address as well as other information to help us tailor communications to you regarding our platform and other products and services that we believe are of interest to you. You can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email. Alternatively, you can opt-out of receiving email marketing communications by contacting us at the contact information provided in the “Contact Us” section below. Please note that you may continue to receive transactional or account-related communications from us.
  • Employment:  If you apply for a job with us, we may collect certain personal information about you (such as information that would be contained in a resume, cover letter, or other employment-related materials). We use this information for the purpose of processing, evaluating and responding to your application.
  • Surveys:  From time to time, we may offer our customers the opportunity to participate in one of our surveys. The information obtained through our surveys is used in an aggregated, de-identified form. We use this information to help us understand our users and to enhance our Website.
  • Contact Us:  When you contact us with a comment, question or complaint through email, telephone, or the Website, you may be asked for information that identifies you, such as your name, email address, and a telephone number, along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service and service offerings.

Sharing of personal information

We do not sell or disclose personal information to third parties without your consent, except as set forth below or as required or permitted by law.

  • Service Providers:  Personal information will be transferred (or otherwise made available) to certain third parties that provide services on our behalf. We use service providers to provide services such as hosting the Website and our platforms, and providing payment processing, authenticating users, advertising, and marketing services. Personal information that we process on behalf of customers in the course of providing the platform services will be transferred (or otherwise made available) to third parties that provide services on our behalf. We use service providers to provide services such as issuing Float Cards, loading funds and processing payments, integrating with and withdrawing funds from company bank accounts, scanning and managing receipts, hosting the Website, authenticating users, and providing advertising and marketing services. Our service providers are only provided with the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes. Our service providers may be located in the U.S., Canada or other foreign jurisdictions.
  • Third-Party Applications:  Customers may choose to export their transaction data or other personal information to third-party applications with whom the customer has a relationship, including tax management and filing services. Float will share personal information with such third parties as instructed by the customer.
  • Legal and Compliance:  We and our Canadian, U.S. and other foreign service providers may provide personal information in response to a search warrant to other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by U.S. or foreign courts, law enforcement or other government authorities. Your personal information may also be disclosed where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
  • Sale of Business:  We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Float Financial Solutions Inc. or as part of a corporate reorganization or other change in corporate control.
  • Subsidiaries and Affiliates: We may disclose personal information that we collect or you provided as described in this privacy policy to our subsidiaries and affiliates.

Information collected through automatic data collection technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, as described in this section.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). For information about how you can opt out of behavioural tracking from many providers, see Choices About How We Use and Disclose Your Information.

The Website does not respond to do not track signals.

  • Visiting our Website: We collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity and to monitor and improve our Website.
  • Cookies:  Our Website uses a technology called “cookies.” A cookie is a tiny element of data that our Website sends to a user’s browser, which may then be stored on the user’s hard drive so that we can recognize the user’s computer or device when they return. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the Website features.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Analytics:  We may also use a third party such as Google Analytics to help us gather and analyze information about the areas visited on the Website (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Website. For more information or to opt-out using the Google Analytics opt-out browser add-on, see “How Google uses data when you use our partners’ sites or apps” and “Google Analytics and Privacy.”
  • Third Party Links:  Our Website may contain links to other websites that Float does not own or operate. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat personal information. We encourage you to read the privacy policy of every website you visit.
  • Third Party Use of Cookies: Some content or applications, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

Safeguards and retention

Safeguarding your personal information is very important to us. We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure.   We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfill their job requirements.

We have record retention processes designed to retain personal information for no longer than necessary for the purposes set out herein or as otherwise required to meet legal or business requirements.  This retention process does not apply to personal information that has been aggregated or anonymized such that it does not identify you personally.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by us to promote our own or third parties’ products or services, you can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email or by contacting us at the contact information provided in the “Contact Us” section below. Please note that you may continue to receive transactional or account-related communications from us after you unsubscribe.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Access to information

If we receive a request from an individual to access or update personal information we maintain on behalf of a customer, we will direct that individual to the relevant customer. We will assist our customers wherever possible in responding to individual access requests. Subject to applicable law, you may have the right to access, update and correct inaccuracies in your personal information in our custody or control. You may request access, updating and corrections of inaccuracies in your personal information in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.

Updates to this privacy policy

We may update this privacy policy periodically to reflect changes to our privacy practices. We encourage you to periodically review this page to ensure you are familiar with those changes. We will indicate at the top of this privacy policy when it was most recently updated.

Contact us

If you have any questions or comments about this privacy policy or the manner in which we or our service providers treat your personal information, or to request access to our collection of your personal information, please contact us at:

Ruslan Nikolaev
+1 (833) 944-3175
legal@floatcard.com

Float Visa* Prepaid Card Cardholder Agreement

The following terms and conditions of this Agreement apply to the Float Visa Prepaid Card (“Card“)

By activating or using any Card, or providing a Card to a Business Administrator or Card User, you are agreeing to these terms and conditions in respect of each Card. Cards are issued to you, Business Cardholder, and may be administered by Business Administrators and used by Card Users to initiate transactions on your Card.

Information Disclosure Summary (detailed terms and conditions will follow):

Card Issuer: Cards are issued by Peoples Trust Company pursuant to a licence from Visa International Incorporated.

Card information and inquiries: If you have questions regarding your Business Account or the Cards, including the Balance on a Card, these terms and conditions, or want to make a complaint, you may contact Float customer service by calling the following toll-free number 1-833-944-3175.

Key Card features and restrictions

  • Cards are either a physical or virtual card.  If a virtual card, the Card number will be made available to you via the API, which you may make available to your Business Administrator or Card Users. 
  • Cards do not carry a Balance when issued.
  • Card transactions are paid from the Settlement Funds held in your Business Account you provide to us to fund the Float Card Program.  
  • Float may offer and provide services to Business Cardholders and Card Users as a service to Business Cardholders, and not on behalf of Peoples Trust Company. Those services provided by Float are subject to the Float Terms between Float and Business Cardholders or Card Users.
  • We do not charge fees for the use of a Card. You may be charged a third-party fee by certain third parties, including retailers and financial institutions involved in the Card transaction. Such third-party fees and charges are not within our power and control. Third-party fees are part of the cost of the transaction and will be reflected in transaction costs for Card usage. You agree and authorize us to pay such fees and charges, if any, from the Settlement Funds held in your Business Account.
  • Business Cardholders and Card Users must be of the age of majority in the jurisdiction where they reside.
  • Business Cardholders and Card Users must be a Canadian citizen or residing in Canada. 
  • Only you or your Business Administrator may add funds from the Settlement Funds to a Card Account.
  • Neither you, your Business Administrator, nor a Card User has a right to stop the payment of any Card transaction once it has been initiated.
  • Cards may not be used to access or receive cash or to make cash withdrawals.
  • Cards may not be used to commit or facilitate illegal activity.
  • Cards are not eligible for protection under any zero liability policy.
  • You or your Business Administrator may cancel a Card by contacting us at 1-833-944-3175 or support@floatcard.com.
  • Each Card is subject to certain limits, as set out below. The limits are the lower of: (a) the limits set by the Business Cardholder or the Business Administrator and (b) the limits set forth by Peoples Trust.

Limits

Max spend per transaction:

CAD $100,000

Max spend per day:

CAD $250,000

Max spend per month:

CAD $1,000,000

Fraud: A Card may be deactivated by us at any time if fraud or any other illegal or prohibited activity is suspected related to a Card or use of a Card.

Card expiry and access to funds: Your right to use the funds loaded on the Card does not expire. The Card has an expiry date printed on the front. Funds will expire within four (4) years. Funds loaded on a Card that are not used will remain available to you for loading onto other Cards and your use in the Float Card Program. 

Funds loaded onto a Card are not insured by the Canada Deposit Insurance Corporation (CDIC).

Lost or stolen Card: You must take all reasonable steps to protect a Card against unauthorized use. If a Card is misused, you must immediately notify us at 1-833-944-3175 or support@floatcard.com.  You are responsible and must pay for all Card transactions, without limitation, that are completed before you notify us and also for all Card transactions that you approve on any Card even after you have notified us.  

Split Tender Transactions: If the Balance is not sufficient to cover the full point of sale Transaction Amount, you may ask the merchant if they will accept a split tender transaction. A split tender transaction allows you to use the remaining Balance to pay for part of the Transaction Amount and cover the difference with another form of payment (e.g., cash, cheque, credit or debit). If you fail to inform the merchant that you would like to complete a split tender transaction prior to using your Card, your Card may be declined. Merchants do not have to and may not agree to accept split tender transactions. 

Key Responsibilities, as Business Cardholder, under this Agreement includes:

  • You must take all reasonable steps to protect Cards against unauthorized use. If you suspect that a Card has been or may be misused, you must disable or prevent use of such Card and notify us immediately.
  • You must disable or prevent use of a Card immediately upon request by us.
  • If any information associated with a Card changes, including Business Administrator or Card User information, you must notify us of the change(s). 
  • If you become aware that the information associated with a Card is incorrect, you must notify us of the correct information. 
  • If you find an error, omission, or indication of fraud or unauthorized use in any transaction record, you must immediately communicate your concerns to us, by calling the customer service number. Please provide all relevant information related to the transaction, including, the Card User and Card information.
  • You agree and shall be responsible for notifying your Business Administrator and Card Users of their authority and obligation under this Agreement and the Card User Terms and Conditions. You agree and shall be responsible for ensuring your Business Administrator and each Card User complies with this Agreement and the Card User Terms and Conditions. Each Card User must accept this Agreement and the Card User Terms and Conditions to receive and use a Card. You must indemnify us against any and all claims of any kind by any Business Administrator and Card User in relation to their participation in the Float Card Program and the use of a Card. 
  • You agree to collect and provide us with information about you, your Business Administrator, and your Card Users as may reasonably be requested by us from time to time or as stipulated in policies and procedural requirements we provide to you.  You will collect and provide us with any Card User information required for our compliance with Applicable Law, our fraud and legal compliance risk management policies and procedures applicable to the Card Program, or as required to provide services in respect of a Card. To the extent Applicable Law requires us to collect and keep records of Card User information, you agree to collect and retain that information as our agent and provide it to us promptly upon request.
  • You must obtain valid consent of each of your representatives, your Business Administrator, a Card User or Card User representatives, to share their personal information with us as contemplated in this Agreement. 
  • If you wish to dispute a transaction on your Card, you must notify us in writing of your dispute within sixty (60) days of the transaction date.

Detailed Terms and Conditions

Definitions:

For the purposes of this Agreement only, the following terms will have the meanings set forth below:

  • ‘Affiliate’ an entity is an “affiliate” of another entity in this Agreement, if one of them is controlled by the other or both are controlled by the same person or entity.  For purposes of this definition, a person or entity controls an entity if that person or entity has any direct or indirect influence that, if exercised, would result in control in fact over the other entity. 
  • ‘Agreement’ means the terms and conditions in this Float Visa Prepaid Card Cardholder Agreement between Peoples Trust Company and you and all documents that are expressly referred to herein, which governs the Float Card Program and the use of Cards, as amended from time to time.
  • ‘Amendment’ refers to any change to a term or condition of this Agreement or the addition of a new term or condition, including increasing or adding new fees.
  • API’ means the application programming interface which we will make available to you to allow you to provide Card Users with access to Cards or deliver Card details to you, the Business Administrator or Card User to process payment against Cards.
  • ‘Applicable Law’ means the law that applies to you or us, or which govern our relationship, including but not limited to, as applicable, the Trust and Loan Companies Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, Canada’s Anti-Spam Legislation (CASL), or any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust and the Program Manager are subject to, or any bylaw, operating rule or regulation of Visa, including any requirement to comply with PCI DSS.
  • ‘Balance’ means an amount of funds that are loaded onto a Card, if any.
  • Business Account’ means the records we maintain to account for the value for the funds available for associated Cards issued at your or your Business Administrator’s request and the Card Accounts for such Cards. 
  • Business Administrator’ means any designated person authorized by you, the Business Cardholder, to administer the Business Account and associated Card Account(s) and/or the Business Cardholder’s behalf in connection with this Agreement, including without limitation designating Card Users, funding Card Accounts, and setting Card Account limitations. 
  • Business Cardholder’, ‘you’ or ‘your’ means the entity that has qualified for and established a Business Account and one or more Card Account(s). 
  • ‘Canada’s Anti-Spam Legislation (CASL)’ means an Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada), and its regulations, as may be amended from time to time.
  • ‘Card’ means each Float Visa Prepaid Card issued in the Float Card Program; a physical or virtual card, issued by us to Business Cardholder, and which Business Cardholder may permit to be used by a Card User to pay for transactions.  Any references to Card, includes the Card number.
  • Card Account’ means a sub-account of the Business Account and the records maintained by us for each Card associated with the Business Account that is requested by the Business Cardholder or any Business Administrator.
  • Card User’ means any person or entity that is provided with a Card by or at the request of the Cardholder for use or to make payments through the Card Program, or any person or entity who has possession of a Card that has not been reported to us as lost, stolen or compromised, or who is otherwise authorized by the Cardholder to use a Card, in each case excluding an Eligible Travel Provider in respect of its receipt and use of a Card to process payments made by or on behalf of a Card User. 
  • Float’ refers to Float Financial Solutions, Inc., an Ontario corporation that services the Program and hosts the Website, as part of its business of assisting Business Cardholders in managing corporate expenses, and its successors, affiliates or assignees. 
  • Float Card Program’ or ‘Program’ means the program through which we issue one or more Cards to the Business Cardholder for use by you, your Business Administrator or Card Users to assist the Business Cardholder in managing corporate expenses.
  • ‘Float Terms’ mean any agreement(s) between Float and any Business Cardholder or Card User that govern the provision of Float services. 
  • ‘Governmental Authority’ means any federal, provincial, territorial, regional, municipal or local governmental authority, quasi-governmental authority (including the Office of the Superintendent of Financial Institutions), government organization, court, commission, board, professional agency, tribunal, organization, or any regulatory, administrative or other agency, or any political or other subdivision, department, or branch of any of the foregoing, in each case to the extent it has jurisdiction over Peoples Trust Company and/or Peoples Trust’s service providers or any Person, property, transaction, activity, event or other matter related to this Agreement. The above definition is deemed to include any interim or permanent transferee or successor of a Government Authority’s underlying mandate, function or activity.
  • ‘PCI DSS’ means a multifaceted security standard defined by Payment Card Industry Security Standards Council and includes requirements for security management, policies, procedures, network architecture, software design and other critical protective measures.
  • Peoples Trust’ means Peoples Trust Company, the issuer of the Card, or any of its Affiliates or their respective successors or assigns.
  • Program Manager’ means Marqeta, Inc. or any of its Affiliates. 
  • Settlement Funds’ means the funds transferred to and held in your Business Account for purposes of settling Card transactions.
  • ‘Transaction Amount’ is the amount that is debited from the Balance in connection with the use of a Card to purchase goods or services, which includes the amount of the Balance to be transferred, the taxes, if any, and any third party fees imposed and that must be paid to complete the transaction.
  • ‘Visa’ means Visa International Incorporated, and its successors and assigns.
  • ‘Visa Conversion Rate’ means the rate that we pay to Visa to convert foreign currency to Canadian currency.
  • ‘We’, ‘us’, and ‘our’ mean Peoples Trust, and as applicable, third-party service providers to Peoples Trust, including the Program Manager, when acting in that capacity to manage some or all of the Card Program for Peoples Trust.
  • “Website” means floatcard.com.

Acceptance: This Agreement constitutes a binding agreement between you and us with respect to the terms of use of each Card, including use by Business Administrator and each Card User, and the Float Card Program. You agree and shall ensure the Business Administrator and each Card User is made aware of the rights and restrictions that apply to participation in the Float Card Program and use of a Card under this Agreement. You agree and shall ensure the Business Administrator and each Card User complies with this Agreement. You also agree and shall ensure that each Card User agrees to the Float Visa Prepaid Card – Card User Terms and Conditions in a form approved by Peoples Trust, and agree that you will comply with all requirements of Applicable Law when obtaining agreement to those terms and conditions from your Card Users.

The Card: The Card is a Visa Prepaid Card that can be used at any merchant that accepts Visa, subject to the limitations set out in this Agreement on the manner of use, including those in the Information Disclosure Summary above.

Activating the Card: The Card cannot be used for any purpose until it has been activated. Virtual Cards are activated upon issuance and must be added to a mobile wallet for use. To activate your physical Card, follow the instructions provided on or with the Card. Whether or not the Card has an activation sticker adhered to the Card face, you must sign the back of the Card and select a PIN.

Ownership and Use of the Cards: You represent and warrant to us and agree that: (a) you will not permit any Card User to use a Card unless: (i) the Card User is of the age of majority in the jurisdiction which they reside; and (ii) the Card User is a Canadian citizen or residing in Canada; (b) the information you provide about Card Users is or will be truthful, accurate, current, and complete, and we may rely upon it; (c) you received a copy of this Agreement and agree to be bound by and to comply with its  terms; (d) you provided a copy of the Float Visa Prepaid Card – Card User Terms and Conditions to all Card Users and each Card User has agreed to be bound by its terms; and (e) you accept each Card for use in accordance with the terms of this Agreement, or use by Card Users in accordance with the requirements of this Agreement and the Float Visa Prepaid Card – Card User Terms and Conditions.

We will issue physical or virtual Cards that you may provide to a Card User to use. Card User may use the virtual Card upon receipt. Subject to the limitations in the chart entitled “Limits” in the Information Disclosure Summary above, each Card can be used to pay the full Transaction Amount from merchants who accepts Visa, including applicable taxes. Each Card is, and will remain, our property. The Card is not a credit card, charge card, or debit card and its usage will not enhance nor improve your credit rating or the credit rating of a Card User. No interest, dividends or other earnings or returns will be paid on the Business Account, a Card Account, a Card, or a Balance.  The Business Account, a Card Account, a Card and Balance is not a deposit account and neither you nor any Card User may write cheques on the outstanding Balance.  We shall have no obligation to any Card User or to you relating to any contract or arrangement between you and a Card User.  We are not parties to your agreements with any Card User or any agreements between you, or a Card User, and any third-party.  We are not bound by the terms of any such agreements, nor are we obligated to act to fulfil any other person’s obligations under such agreement, even if we are made aware of the existence and terms of such agreement.

When the Card is used to make a purchase, the Transaction Amount will be deducted from the available Settlement Funds loaded as Balance on the Card or, otherwise, associated with the Float Card Program.  Use of the virtual card shall have the same legal and binding effect on you, as if a physical Card were used in person, verified by an authorized signature or personal identification code confirming authority to charge the Card for the full Transaction Amount. You agree that, if a merchant requires that you sign a sales draft, we are not required to verify your signature on any sales draft prepared in connection with a transaction on the Card and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on the Card. 

Some merchants (including, but not limited to, restaurants, hotels, or car rental companies) may pre-authorize the Transaction Amount for the purchase amount plus up to 20% (or more) above the purchase amount to ensure that there are sufficient funds available on the Card to cover any tips or incidental expenses. In such cases, your transaction will be declined if the Balance will not cover the Transaction Amount plus the additional pre-authorization percentage.

A pre-authorization will place a hold on an amount of your available Card funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the pre-authorization amount on hold in excess of that final payment amount will be released. 

During the hold period, you will not have access to the pre-authorized amount.

You will be solely and completely responsible for the possession, use and control of each Card. You must disable or delete a Card immediately upon request by us.  The Cards are issued to you only.  If you allow another person, including a Card User or Business Administrator, to use a Card, you agree, to the extent permitted by Applicable Law that you will be liable for all transactions arising from use of a Card. 

We are not liable to you or a Card User for declining authorization for any particular transaction, regardless of our reason, including but not limited to if there are insufficient Settlement Funds or Balance to pay for the transaction.  If for any reason a Card transaction is processed when there are insufficient funds loaded on the Card or other Settlement Funds, you agree to make immediate payment to us to cover the Transaction Amount. 

We may, in our sole discretion, cancel or suspend any features or services of the Card at any time, with or without cause, upon notice to you or as otherwise required by Applicable Law.

You represent and agree that the Cards are issued to you for a business purpose only.

You agree that we may treat every instruction we receive as being initiated by or from you or persons authorized by you to provide instructions, including your Business Administrator or Card User, and as a valid and authorized instruction by you to process and pay for Card transactions from funds loaded on the Card or otherwise from the Settlement Funds unless we have been notified of a risk of fraud or unauthorized use and had opportunity to deactivate the Card.

Information About Balance: It is your responsibility to ensure that there is a sufficient Balance on the Card to cover transactions plus any pre-authorized amounts. To obtain the current Balance amount, or the transaction history, visit the Website. The Balance will reflect all transactions that have been posted to our system. You are not allowed to exceed the Balance available on the Card for any transaction.

If you attempt to use the Card when there is insufficient Balance available to cover the full Transaction Amount, the transaction in most instances will be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Balance on the Card, creating a negative amount, you agree to reimburse us, upon request, for the amount of the Transaction Amount in excess of the Balance.

Transactions Made in Foreign Currencies: We may convert any transactions made in a foreign currency to Canadian dollars using the Visa Conversion Rate in effect on the day the transaction is posted to your Card Account. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. The Visa Conversion Rate may not be the same as the rate that existed on the date the transaction was made.

However, if a foreign currency transaction is refunded to the Card, the Visa Conversion Rate used to convert your refund to Canadian dollars for the Card is the applicable rate that we pay to Visa on the date of the refund. Additionally, the rate that we pay to Visa may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to the Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to the Card for that transaction.

Protection Against Unauthorized Use: If a Card is lost, stolen or subject to unauthorized use, you must notify us immediately and provide us with the Card number and answer an identifying question. If you lose or misdirect the Card, someone might be able to use the Balance on the Card.  You are responsible and must pay for all Card transactions that are completed before you notify us by calling 1-833-944-3175. Those transactions will be binding on and payable by you as if made by you or with your lawful authorization.  We will have a customer service representative or automated voice response service available seven (7) days a week, twenty-four (24) hours a day that will allow immediate cancellation of the Card upon your request.  As a condition to any reimbursements made or to be made, if you are entitled to receive one, and to the extent permitted by Applicable Law, you agree to cooperate and assist with any attempts by us to investigate and recover from unauthorized users and to assist in prosecution of recovery claims.

Notification and Changes to the Agreement: You acknowledge that from time to time we may amend this Agreement. Use of a Card subsequent to such amendments shall constitute acceptance of the amended Agreement.

You are responsible for (i) informing us of any change in your mailing or email address, by contacting customer service at 1-833-944-3175 or by email at support@floatcard.com, and (ii) for regularly checking the Website for notifications of amendments to the Agreement.  Notice will be deemed to be received by you five (5) days after mailing, the next business day after sending an electronic mail or other electronic message or posting notice of amendment on the Website.  You are solely responsible for notifying Card Users of any changes to this Agreement which may affect the Card User’s rights or obligations with respect to a Card and agree that you shall make reasonable and timely efforts to do so.

Peoples Trust’s Privacy Policy: Our general personal information practices are described in our Privacy Policy, as amended from time to time, available online at http://www.peoplestrust.com/en/legal/privacy-security/privacy/.

Personal Information Consent: 

By requesting a Card, you consent to the collection, use, disclosure and retention of your personal information, or personal information of your personal representatives, if any, by Peoples Trust and Peoples Trust’s third-party service providers for purposes relating to your request for a Card and your use of a Card, for the establishment and operation of the Float Card Program and as otherwise described below. The collection of that information is necessary for the entering into and performance of this Agreement. The restrictions and requirements described herein do not apply to information that is aggregated or otherwise de-personalized and does not identify an individual.  

By accepting these terms and conditions, you represent and warrant that you and your personal representatives have provided valid consent to the collection, use and disclosure of their personal information as contemplated in this Agreement. References to “you” in this section, and any provision of this Agreement dealing with collection, use and disclosure of personal information, shall include all such individuals.

What We Collect: Peoples Trust and Peoples Trust’s service providers may collect personal information about you and your personal representatives (e.g., their name, address, telephone number and date of birth) when a Card is requested, when a Card is issued to you, or in respect of the establishment and operation of the Float Card Program. Peoples Trust and Peoples Trust’s third-party service providers may collect personal information about you and your personal representatives, including information about Card transactions, e.g., the date, amount and place of each transaction) (all collectively “Cardholder Information”). From the date of this Agreement and throughout its term, we will collect your Cardholder Information directly from you, your personal representatives, and from other sources, including third party providers of identity verification, demographic and fraud prevention services, publicly available sources, such as internet sites, government agencies, and registries, for the purposes described herein.

How We Use, Retain, and Disclose Personal Information: We will use, disclose and retain Cardholder Information to process requests for a Card (including to verify your identity) and, if a Card is issued to you, to provide you with services relating to your Card (including to administer your Card and to process Card transactions), to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce our legal rights and for other purposes required or permitted by Applicable Law. Peoples Trust will disclose your Cardholder Information to Peoples Trust’s service providers to assist us to provide services to you and to provide related services to us.

We may use and store your Cardholder Information at facilities in various countries (including Canada and the United States of America). The personal information protection laws of those countries might be different from the laws of the jurisdiction in which you are located, and might permit courts, government, law enforcement and regulatory agencies and security authorities in those countries to access your Cardholder Information without notice. The laws on data protection in other jurisdictions, to which we may transfer your information, may differ from those in your jurisdiction. Subject to these laws, we will use reasonable measures to maintain protections of your personal information that are equivalent to those that apply in your jurisdiction. You hereby give your consent to such cross-border transfers (including to the United States) of such personal information for the purpose set out above.

We will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You will promptly inform us (by contacting customer service at support@floatcard.com of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information. We may use your Cardholder Information (including your telephone and mobile phone numbers and your email addresses) contact you, including by regular and electronic mail, telephone call (including by pre-recorded or artificial voice messages and automatic telephone dialing systems) and instant messaging, regarding your Card and related matters, regardless of whether you incur any long distance or usage charges as a result.

We may monitor and record their communications and correspondence with you (including emails, online chats and telephone calls) for quality assurance, staff training and legal compliance purposes.

Safeguarding Personal Information: We protect personal information in our possession or control from loss, theft, alteration and misuse. We maintain physical, electronic and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information. The safeguards employed by us to protect your personal information depend on the sensitivity, amount, distribution, format and storage of the personal information. Although technologies can make it easier for fraud to occur, we employ around the clock monitoring systems and controls to detect and prevent fraudulent activity. We also build fraud prevention measures into our due diligence processes and regularly update our fraud detection/prevention methods. While we take precautions to protect your personal information from loss, theft, alteration, or misuse, no system or security measure is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate measures to protect your personal information as well.

Other Uses of Personal Information: In addition to the foregoing, if you consent to other parties, whether they are participating in the Float Card Program and its administration or otherwise, collecting, using or disclosing your personal information (including Cardholder Information) for their own purposes (not as Peoples Trust’s service provider), including to send marketing and promotional messages to you, then we will not have any control over, and will not be responsible or liable for the collection, use, disclosure and retention of your personal information by those parties, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the third party.

Your Right to Access Personal Information: Individuals may obtain access to the Cardholder Information we hold about them at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by law. To request access to such information, to ask questions about our privacy policy or to withdraw your consent to the collection, use and disclosure of your Cardholder Information and to cancel your Card and all related services from us, contact customer service at 1-833-944-3175. If Cardholder Information is obtained from personal information agents (such as providers of identity verification data and demographic information), we will inform you of your right of access and rectification in relation to the file held by the personal information agent and will indicate to you the manner in which and the place where you may have access to the reports or recommendations and cause them to be rectified, where necessary. If you withdraw your consent, we will continue to collect, use, disclose and retain your Cardholder Information for as long as may be reasonably required to perform services relating to the cancellation of your Card, to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce our legal rights and for other purposes required or permitted by Applicable Law.

Card User and Business Administrator Information: We may collect, use, disclose and retain information concerning Card Users and Business Administrator (“Card User Information”) for the purpose of performing our obligations and exercising our rights under this Agreement, including issuing cards for the Card Program, processing transactions and providing support for the Card Program, performing fraud risk management, complying with Applicable Law and locating and obtaining the return of any Cards we have issued and request be returned to us. You will obtain, in accordance with Applicable Law, and maintain reliable records of, all necessary legally valid and informed consents, authorizations and rights from each Card User so that you may lawfully provide their Card User information to us, and we may lawfully collect, use, disclose and retain such Card User Information for each of the foregoing purposes. You agree to provide us with such records promptly upon request.

Disputes: If you believe a transaction on a Card account is incorrect, you must notify us in writing of your dispute within sixty (60) days of the transaction date by submitting a request on the Website. If there is any dispute in regard to purchases made using a Card, you agree that such disputes must be settled between you or the Card User and the merchant from whom the purchase was made or between you and the Card User, as the case may be.  We are not responsible for any problems you or a Card User may have with any goods or services purchased with a Card, whether with regard to quality, safety, legality, or any other aspect of your purchase. If funds have been reloaded onto your Card following the processing and approval of a chargeback request, you can contact us to request a refund of the funds that were reloaded onto your Card.

Arbitration (not applicable to residents of Quebec): Any dispute between the parties arising from or related to this Agreement shall be resolved by final and binding arbitration administered by ICDR Canada under its Canadian Arbitration Rules by a sole arbitrator appointed in accordance with those Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.

Complaints: If you have a complaint or inquiry about any aspect of a Card, you may first attempt to resolve the complaint or inquiry by calling our toll-free customer service number (at 1-833-944-3175). If customer service is unable to resolve the complaint or inquiry to your satisfaction, you may call us at 1-855-694-6214 or submit your complaint or inquiry through the form found at http://www.peoplestrust.com/en/about-us/contact/. We will do our best to resolve your complaint or inquiry.

If for some reason the issue is not resolved to your satisfaction, you may refer your inquiry or complaint to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. If you have a concern regarding a potential violation of Applicable Law, a public commitment, or an industry code of conduct, the concern may be communicated at any time to the Financial Consumer Agency of Canada, either in person, by letter, by telephone, or through its website at:

Financial Consumer Agency of Canada
427 Laurier Avenue West, 6th Floor
Ottawa, ON, K1R 1B9
Telephone: 1-866-461-3222
www.fcac-acfc.gc.ca

Our complaints policy can be found online at: http://www.peoplestrust.com/en/about-us/resolving-your-concerns/.

Cancellation: We may cancel use of a Card or any features or services or terminate this Agreement without cause upon prior written notice to you at least sixty (60) days in advance, provided that you are not in default of your obligations under this Agreement. Written notice will be provided to you at the most recent mailing or email address that we have on record for you or by posting notice of cancellation or termination on the Website. You may at any time terminate this Agreement by calling 1-833-944-3175

Despite any termination of this Agreement, you must fulfil all of your obligations under this Agreement.

No Warranty of Availability or Uninterrupted Use: FROM TIME TO TIME CARD SERVICES MAY BE INOPERATIVE, AND WHEN THIS HAPPENS, YOU MAY BE UNABLE TO USE YOUR CARD.  PLEASE NOTIFY US (AT 1-833-944-3175) IF YOU HAVE ANY PROBLEMS USING YOUR CARD. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE.

Third Party Claims: In the event we reimburse you for a refund claim you have made, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with a Card, you are automatically deemed to assign and transfer to us any rights and claims (excluding tort claims) that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Card. You agree that you will not pursue any claim against or reimbursement from such third party for the amount that we paid or credited to your Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited to you. If we do not exercise our rights under this section, we do not give up our rights to exercise them in the future.

Disclaimer of Warranties: EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER PEOPLES TRUST NOR PEOPLES TRUST’S SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability: EXCEPT AS EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, NEITHER PEOPLES TRUST NOR PEOPLES TRUST’S SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS PEOPLES TRUST OR PEOPLES TRUST’S SERVICE PROVIDERS HAVE ACTED IN BAD FAITH. WITHOUT LIMITING THE FOREGOING, NEITHER PEOPLES TRUST NOR PEOPLES TRUST’S SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES WHATSOEVER BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, EPIDEMIC OR PANDEMIC, PUBLIC HEALTH EMERGENCY, COMMUNICABLE DISEASE OUTBREAK, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. ALSO, WITHOUT LIMITING THE FOREGOING, NEITHER PEOPLES TRUST NOR PEOPLES TRUST’S SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IF PEOPLES TRUST OR PEOPLES TRUST’S SERVICE PROVIDERS ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL AND DIRECT DAMAGES. IN NO EVENT, WILL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY: YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS PEOPLES TRUST AND PEOPLES TRUST’S SERVICE PROVIDERS, THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, COMPLAINTS, DEMANDS, INVESTIGATIONS, ACTIONS, SUITS AND PROCEEDINGS BY ANY PERSON, INCLUDING ANY REGULATORY AUTHORITY OR CARD USER (EACH A “THIRD PARTY CLAIM/PROCEEDING”) AND ALL RESULTING LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, ADMINISTRATIVE MONETARY PENALTIES, FINANCIAL SANCTIONS, SETTLEMENT PAYMENTS, EXPENSES AND COSTS, INCLUDING LEGAL FEES) ARISING FROM, CONNECTED WITH OR RELATING TO ANY OF THE FOLLOWING: (A) THE USE OF A CARD BY YOU OR ANY OTHER PERSON; OR (B) ANY NEGLIGENCE, MISCONDUCT OR BREACH OF THIS AGREEMENT BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE UNDER THIS AGREEMENT OR AT LAW. NOTWITHSTANDING THE FOREGOING, THE INDEMNIFIED PARTIES RETAIN THE RIGHT TO PARTICIPATE (WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE) IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY THIRD-PARTY CLAIM/PROCEEDING.

Website and Availability: We do not warrant that the Website, customer service number or other operational and communications channels will be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance, Website changes, or failures, nor will we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labour disputes and armed conflicts. We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses that may affect your computer or other equipment. You agree to act responsibly with regard to the Website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Website’s systems and integrity.

Entire Agreement: This Agreement sets forth the entire understanding and Agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or Agreements with respect to such subject matter.

Governing Law; Submission of Jurisdiction: This Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Subject to the arbitration agreement above, the parties irrevocably attorn to the exclusive jurisdiction of the courts of British Columbia.

Section Headings: Section headings in this Agreement are for convenience of reference only and will not govern or affect the interpretation of any provision of this Agreement.

Severability: If any of the terms of this Agreement are invalid, changed by Applicable Law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement will not be affected, and this Agreement will be interpreted as if the invalid terms had not been included in this Agreement.

English Language. The parties have expressly required that this Agreement, and any communications, other contracts, documents and notices relating to this Agreement be drafted in the English language only. Les parties ont expressément exigé que la présente convention et toute communication, autres contrats, documents et avis qui y sont afférents soient rédigés dans la langue anglaise seulement.

Contact Information: If you have questions regarding a Card, or need to report a lost or stolen Card, you may contact us by telephone at 1-833-944-3175 or emailing us at support@floatcard.com.

*Visa Int./Peoples Trust Company, Licensed User.
Dated: March 31, 2023

Card User Terms and Conditions

Last Updated: April 2023

These Float Visa* Card – Card User Terms and Conditions (“Terms”) set out the terms and conditions applicable to the Float Visa Card. IMPORTANT: These Terms include resolution of disputes by arbitration instead of in court and a class action waiver.

You agree to be bound by these Terms, which you must accept as a condition of using the Card. You agree that the ability to use the Card in the course of your relationship with Business Cardholder, and in accordance with these Terms, is of value to you and good consideration for your agreement to these Terms.

INFORMATION DISCLOSURE SUMMARY (detailed terms and conditions will follow):

Card Issuer: Peoples Trust Company issues the Card pursuant to a license from Visa International Incorporated.

Cardholder:

  • The Card is issued to Business Cardholder.  The “Business Cardholder” is the entity that has qualified and established a Business Account with us pursuant to a separate Cardholder Agreement, as well as a separate agreement with Float Financial Solutions, Inc, to provide corporate expenses management expense services.
  • Business Cardholder is permitted to provide the Card to you for use in your capacity as a “Card User” in the manner contemplated in these Terms. Business Cardholder has an arrangement in place that permits Business Cardholder, or its Business Administrator, to instruct us whether or not to fund transactions initiated by you with the Card from funds provided to us in advance by Business Cardholder. Your ability to make purchases using the Card is subject to the terms and conditions of your agreements with Business Cardholder and transaction approval by Business Cardholder. We only fund transactions as instructed by Business Cardholder or its Business Administrator.  You have no right to directly instruct us to load funds onto the Card.
  • We are not parties to any agreements between you and Business Cardholder and are not bound by the terms of any such agreement.  We are not obligated to act to fulfil the obligations of any party under your agreements with Business Cardholder, even if we are made aware of the existence and terms of such agreement.
  • We are not extending credit to you or Business Cardholder through the Card.
  • Card transactions will only be funded if Business Cardholder has made funds available to us to settle the transactions in advance.  If those funds have not been made available to us the transaction will be declined.  We also have a general right to decline any transaction for any reason. In such case your sole recourse, if any, is against Business Cardholder. You will have no right of action against us or any service providers or third parties required to fulfill and manage the Card.
  • Float may offer and provide services to Business Cardholders and Card Users as a service to Business Cardholders, and not on behalf of Peoples Trust Company. Those services provided by Float are subject to the Float Terms between Float and Business Cardholders or Card Users.

Card information and inquiries: If you have questions regarding your use of the Card, these Terms, or to lodge a complaint, you may contact us by calling 1-833-944-3175 or emailing support@floatcard.com.

Key Card features and restrictions:

  • Card does not carry a balance loaded onto it. For information about the balance of funds you may be able to spend using the Card under your agreements with Business Cardholder, you must contact Business Cardholder. 
  • Card is only funded in amounts and for payment of specific transactions that are accepted for payment by Business Cardholder. 
  • Card Users are given possession of the Card for the purpose of initiating a transaction request to Business Cardholder.  
  • We do not charge Card Users any fees for the use of the Card. Some transactions could attract third party fees and charges, which could be reflected in transaction costs. Such third-party fees and charges are not within our power and control, are part and parcel of the cost of the transactions and you agree that such fees and charges will be included in the transaction amount processed on the Card for transactions you initiate. Your liability to Business Cardholder for any amounts paid to settle transactions on the Card, and fees, if any, are charged by Business Cardholder, is governed by your agreements with Business Cardholder.
  • You cannot use the Card to access cash and have no right to make cash withdrawals using the Card.
  • Only Business Cardholder or its Business Administrator may add funds to the Card or instruct us to add funds to a Card or pay transactions. 
  • You do not have the right to stop the payment of any transaction you initiate, allow, authorize or conduct with the Card.
  • You may arrange to cancel the Card by contacting Float customer service by calling 1-833-944-3175.
  • Each Card is subject to certain limits, as set out below. The limits are the lower of: (a) the limits set by the Business Cardholder or the Business Administrator and (b) the limits set forth by Peoples Trust.
Limits
Maximum Spend Per Transaction CAD $750,000
Maximum Spend Per DayCAD $750,000
Maximum Spend Per MonthCAD $3,000,000

Please also note: Card may be deactivated by us at any time if fraud is suspected related to the Card or use of the Card.

Funds loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC). As a Card User of the Float Card you are only permitted to use the Card as allowed by Business Cardholder and in accordance with the Cardholder Agreement between Business Cardholder and us. You may be required to fulfill some of the obligations of the Cardholder, including those stipulated in these Terms and pursuant to your agreements with Business Cardholder.

Lost or stolen Card: You must take all reasonable steps to protect the Card against loss, theft, or unauthorized use. If the Card is lost or stolen or misused, you must contact us by phone at 1-833-944-3175. THIS CARD IS NOT ELIGIBLE FOR PROTECTION UNDER ANY ZERO LIABILITY POLICY. Business Cardholder is responsible and liable to us for all Card transactions that are completed before we are notified that such an event has occurred and also if Business Cardholder approves transactions on any such Card.  You may be liable to Business Cardholder for some or all such transactions.  Your liability to Business Cardholder is subject to the terms of your agreements with Business Cardholder.

Key Responsibilities under these Terms include:

  • You must take all reasonable steps to protect the Card (and PIN, if applicable) against loss, theft, or unauthorized use. If you suspect that the Card (or PIN), has been lost, stolen or misused, you must contact us and Business Cardholder (or its Business Administrator) immediately.
  • You must surrender the Card to us or Business Cardholder immediately upon request by us.
  • If your information associated with the Card changes, you must notify Business Cardholder or its Business Administrator of the change(s). Business Cardholder or Business Administrator will notify us.
  • If you become aware that your information associated with the Card is incorrect, you must notify Business Cardholder or Business Administrator of the correct information. Business Cardholder or Business Administrator will notify us.  
  • If you find an error, omission, or indication of fraud or unauthorized use in any transaction record, you must immediately communicate your concern to us and your Business Cardholder (or its Business Administrator).
  • You must comply with the requirements of these Terms, and you are responsible for your failure to do so.
  • You will provide us with any information as may reasonably be requested by us for purposes of our compliance with Applicable Law, our fraud and legal compliance risk management policies and procedures applicable to the Card program, or as required to provide services in respect of the Card.
  • If you wish to dispute a transaction on the Card you use, you must notify Business Cardholder and us in writing of your dispute within sixty (60) days of the transaction date.

Additional Details

Please read these Terms carefully and retain a copy for your records. IMPORTANT: These Terms include resolution of disputes by arbitration instead of in court and a class action waiver.

Your use of the Card will be evidence that you acknowledge and agree to be bound by these Terms herein, as amended from time to time.

We will be using the following definitions in these Terms. If a term is not defined below, it has the meaning given to it within the section in which it is referenced.

  • ‘Applicable Law’ means any statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that applies to you or us, or which governs our relationship, or any bylaw, operating rule or regulation of Visa.
  • ‘Balance’ means an amount of funds that are loaded onto the Card, if any.
  • ‘Business Administrator’ means any designated person authorized by Business Cardholder to administer the Business Account and associated Card Account(s), including without limitation designating Card Users, funding Card Accounts, and setting Card Account limitations.
  • ‘Business Cardholder’ means the entity that has qualified for and established a Business Account and one or more Card Account(s) with us, who is permitted to provide the Card to you for use in your capacity as a “Card User” in the manner contemplated in these Terms.
  • ‘Card’ means the Float Visa* Prepaid Card (which can be a virtual or physical card) issued by us to Business Cardholder that Business Cardholder permits you to use.
  • ‘Card User’ means, under the Cardholder Agreement, an individual who has possession of a Card that has not been reported to us as lost, stolen or compromised, or who is otherwise authorized by the Business Cardholder to use a Card, and includes you if you are provided with a Card by or at the direction of Business Cardholder.
  • ‘Float’ refers to Float Financial Solutions., an Ontario corporation that provides corporate expenses management services to Business Cardholder, and its successors, affiliates, or assignees.
  • ‘Float Card Program’ or ‘Program’ means the program through which we issue one or more Cards to the Business Cardholder for use by you, Business Cardholder, or Business Administrators to assist the Business Cardholder in managing corporate expenses. 
  • ‘Float Terms’ mean any agreement(s) between Float and any Business Cardholder or Card User that govern the provision of Float services.
  • ‘Governmental Authority’ means any Canadian federal, provincial, territorial, regional, municipal or local governmental authority, quasi-governmental authority (including the Office of the Superintendent of FinancialInstitutions), government organization, commission, board, professional agency, tribunal, organization, or any regulatory, administrative or other agency, or any political or other subdivision, department, or branch of any of the foregoing, in each case to the extent it has jurisdiction over Peoples Trust or any Person, property, transaction, activity, event or other matter related to these Terms. The above definition is deemed to include any interim or permanent transferee or successor of a Government Authority’s underlying mandate, function or activity.
  • ‘Peoples Trust’ mean Peoples Trust Company, the issuer of the Card, or any of its Affiliates or their respective successors or assigns.
  • ‘Person’ means an association, a corporation, an individual, a partnership, a trust, an unincorporated organization or any other entity or organization.
  • ‘Terms’ means these terms and conditions applicable to Card User’s use of the Card.
  • ‘We’, ‘us’, or ‘our’ all mean Peoples Trust, PeoplesTrust’s service providers and third parties required to fulfill and manage the Card.
  • ‘You’, ‘your’, or ‘yours’ mean you in your capacity as a Card User.

1. About the Card

The Card is owned by Peoples Trust and will remain the property of Peoples Trust. You agree that immediately upon request by us or by Business Cardholder, you will return the Card to us or Business Cardholder or destroy the Card as instructed. The Card is provided to you by Business Cardholder as contemplated in these Terms. You may not sell, transfer or assign the Card to a third party. You are restricted to one Card.  The Card is not a credit card, charge card, debit card or deposit account.  Usage of the Card alone will not enhance or improve your credit rating. No interest dividends or other earnings or returns will be paid on a Card. 

2. Using the Card

To use a Card you represent and warrant to us that: (a) you are at least 19 years of age (if you reside in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon) or, if you reside in another province, at least 18 years of age; (b) you are a Canadian citizen or residing in Canada; (c) the information you provide to us or to Business Cardholder to provide to us, is truthful, accurate, current, and complete; and (d) you received a copy of these Terms and agree to be bound by and to comply with them.

We will issue a Card to Business Cardholder that you may be permitted to use under these Terms. You may use the Card upon receipt and without prior activation.

If you receive a physical Card, you must sign the back of the physical Card delivered to you in the indicated signature area immediately upon receipt. You are required to activate the physical Card before you use it as described below in “Activating a Card”. The Card may not be used for any illegal purpose, including transactions for goods or services prohibited by Applicable Law. We may, at our sole discretion, deny any transaction, for any reason. We are not obligated to disclose those reasons to you.

If Business Cardholder does not approve payment on the Card of sufficient funds to pay for the full amount of a transaction, you may request the merchant conduct a split tender transaction. A split tender transaction is where you use the Card to settle partial payment of the transaction amount and then pay the remainder of the amount with another form of payment (e.g. cash, cheque, credit or debit). If you fail to inform the merchant that you would like to complete a split tender transaction prior to swiping the Card, and your transaction is not approved for any reason, including insufficient funds available, the Card may be declined. The merchant does not have to and may not agree to accept split tender transactions.

3. Activating a Card

Whether or not a physical Card has an activation sticker adhered to the Card face, the physical Card must be activated to use.  In order to activate a physical Card Business Cardholder provided to you to use, you will need to provide certain personal information to verify your identity as the Card User and then select a PIN.

4. Cancellation of the card

We may cancel the Card and/or these Terms at any time and without prior notice to you if fraud is suspected or for any other reason. Business Cardholder (or its Business Administrator) may cancel the Card for any reason, and we are entitled to act on Business Cardholder’s (or its Business Administrator’s) instructions to do so. If the Card is terminated and you have not been requested to return it, you must destroy and securely dispose of it. Your obligations under these Terms continue after the destruction of the Card and cancelation of the Card. If charges continue to be made on the Card delivered to you to use as a Card User, or you attempt to use the Card after cancelation, we may pay for such transactions if instructed by Business Cardholder to do so. If these Terms or the Card are cancelled, your liability to Business Cardholder for any transaction, whether processed or settled before or after the Card is cancelled, will not be affected. Your liability to Business Cardholder for any transactions is governed by your agreements with Business Cardholder.

5. Transactions Made in Foreign Currencies

We may convert any transactions made in a foreign currency to Canadian dollars using the Visa Conversion Rate in effect on the day the transaction is posted to your Card. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. The Visa Conversion Rate may not be the same as the rate that existed on the date the transaction was made.

However, if a foreign currency transaction is refunded to the Card, the Visa Conversion Rate used to convert your refund to Canadian dollars for the Card is the applicable rate that we pay to Visa on the date of the refund. Additionally, the rate that we pay to Visa may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to the Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to the Card for that transaction.

6. Lost or Stolen Card and Unauthorized Use

You must take reasonable steps to protect the Card against loss, theft or unauthorized use. If the Card is lost, stolen or subject to unauthorized use, you must contact us immediately by calling 1-833-944-3175.  Business Cardholder is responsible and liable to us for all Card transactions that are completed before we are notified that such an event has occurred and also if Business Cardholder approves transactions on any such Card.  You may be liable to Business Cardholder for some or all such transactions. Your liability to Business Cardholder is subject to the terms of your agreements with Business Cardholder. THIS CARD IS NOT ELIGIBLE FOR PROTECTION UNDER ANY ZERO LIABILITY POLICY. You agree to cooperate and assist with any attempts by us or by Business Cardholder to recover any loss suffered from unauthorized users and to assist in their prosecution. You acknowledge that you understand that if you do not comply with these Terms, other persons may be able to obtain information about you or the Card.

7. Complaints

You agree that we will not be liable in any way for any dispute arising out of the purchase of merchandise or services using the Card or any dispute about accessing Business Cardholder funds that Business Cardholder has agreed to make available for purchases by you. We are not responsible for any failure to supply, lack of suitability or quality of any goods or services purchased from any merchant through the use of the Card. We are not liable for any action or failure to act of the merchant or a refusal by any merchant to honour the Card whether or not such failure or refusal is a result of any error or malfunction of equipment used to effect an authorization of the Card. We will not be liable for any damage, loss or inconvenience you may incur if you are unable to use the Card as a result of any failure, error, malfunction or technical problem with or at our service providers’ systems or equipment, or with a POS.

If you identify an error with a transaction, you must try to resolve the issue with the merchant as well as notify Business Cardholder. You may still be liable for payment of a disputed transaction to Business Cardholder. For information about such disputes, or how credits, if any, issued by merchant to the Card may be allocated against your debt obligations to Business Cardholder, you must contact Business Cardholder.  Any amounts credited to the Card for returns will be treated by us as credits to and for the benefit of Business Cardholder as the Cardholder.  Any obligation to extend the benefit of such amounts by returning funds to you or crediting funds against any obligation you may have to Business Cardholder is an issue solely between you and Business Cardholder and subject to your agreements with Business Cardholder.

If you wish to dispute any transaction or entry made with the Card, you must contact us immediately by calling 1-833-944-3175. 

If you are not satisfied with the customer service decision, you may also contact Peoples Trust by calling 1-855-694-6214, or following our complaint handling process, which can be found at https://www.peoplestrust.com/en/about-us/resolving-your-concerns/.

If for some reason we are unable to resolve your inquiry or concern relating to the Card, you may refer your inquiry or concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519. You may also contact the Financial Consumer Agency of Canada (FCAC) in writing at 427 Laurier Ave. West, 6th Floor, Ottawa, ON K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222 or through its website at www.fcac-acfc.gc.ca.

Disputes about your arrangements or any agreement with Business Cardholder should be directed to Business Cardholder. We will not become involved in any such dispute between you and Business Cardholder or between you and another party.

8. Notice of Data Protection and Privacy Policy

Personal Information Consent: Personal Information Consent: You consent to the collection, use, disclosure and retention of your personal information by us for purposes relating to your activation and use of a Card, as otherwise described below and as otherwise permitted or required by Applicable Law. The collection of that information is necessary for the entering into and performance of these Terms. Therefore, if you do not consent to the collection, use, disclosure and retention of your personal information as described herein and in our privacy policy, you may not activate or use a Card. As explained below, you may withdraw your consent at any time by cancelling the Card. The restrictions and requirements described herein do not apply to information that is aggregated or otherwise de-personalized and does not identify you.

Collecting Your Personal Information:  We may collect, use, disclose and retain Card User Information for the purpose of performing our obligations and exercising our rights under our agreement with Business Cardholder or these Terms, including issuing, delivering or activating the Card, processing transactions and providing support relating to the Card, performing fraud risk management, complying with Applicable Law and attempting to locate the Card for return to us. 

We may use, disclose and retain your Card User Information to verify your identity and to provide services relating to use of the Card (including to administer the Card and to process Card transactions), to protect against fraud and for legal compliance purposes, to perform and enforce these Terms, to protect and enforce our legal rights and for other purposes required or permitted by Applicable Law. We may disclose your Card User Information to our service providers to assist us to provide services to you and to provide related services to us.  We will also disclose your Card User information to Business Cardholder as the Cardholder to facilitate Business Cardholder’s administration of the loan they have granted to you and for other purposes agreed to between you and Business Cardholder.

We maintain physical, electronic and procedural security measures that comply with Canadian regulations to safeguard Card User Information.

We and our service providers may use and store your Card User Information at facilities in various countries (including Canada and the United States of America). As such, your Card User Information may be subject to foreign laws (which might be different from the laws of the jurisdiction in which you are located), and may be accessible to foreign courts, governments, law enforcement and regulatory agencies and security authorities without notice. The laws on data protection in other jurisdictions, to which we may transfer your information, may differ from those in your jurisdiction and any personal information transferred to another jurisdiction will be subject to law enforcement and national security authorities in that jurisdiction. Subject to these laws, we will use reasonable measures to maintain protections of your personal information that are equivalent to those that apply in your jurisdiction. You hereby give your consent to such cross-border transfers (including to the United States) of such personal information to third parties for the purpose set out above.

We will use and rely on your Card User Information to activate and administer the Card that Business Cardholder permits you to use and provide related services. We will rely on you to ensure that your Card User Information is accurate, complete and up to date. You must promptly notify us (by calling 1-833-944-3175 or emailing support@floatcard.com) of any changes to your Card User Information or if you discover any errors in your Card User Information.  You may request access to your Card User Information we collect through Business Cardholder, by calling us at 1-833-944-3175 or emailing us at support@floatcard.com. If such information is obtained from providers of identity verification data and demographic information and/or personal information agents, Business Cardholder will inform you of your right of access and rectification in relation to the file held by them and will indicate to you the manner in which and the place where you may have access to the reports or recommendations and cause them to be rectified, where necessary.

We may use your Card User Information (including your telephone and mobile phone numbers and your email addresses) to contact you, including by regular and electronic mail, telephone call (including by pre-recorded or artificial voice messages and automatic telephone dialing systems) and instant messaging, regarding the Card and related matters, regardless of whether you incur any long distance or usage charges as a result.

We may monitor and record our communications and correspondence with you (including emails, online chats and telephone calls) for quality assurance, staff training and legal compliance purposes.

Other Uses of Your Personal Information: In addition to the foregoing, if you consent to other third party collection or use of your personal information (including Card User Information) for their own purposes (not as Peoples Trust’s service provider), including to send marketing and promotional messages to you, then we will not have any control over, and will not be responsible or liable for, the collection, use, disclosure and retention of your personal information by the third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the third party.

Your Right to Access Your Personal Information:  Individuals may obtain access to the Card User Information we hold about them at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by law. To request access to such information, to ask questions about our privacy policies or to withdraw your consent to the collection, use and disclosure of your Card User Information and to cancel the Card and all related services, contact us by calling 1-833-944-3175 or emailing support@floatcard.com. If you withdraw your consent, we will continue to collect, use, disclose and retain your Card User Information for as long as may be reasonably required to perform services relating to the cancellation of the Card, to protect against fraud and for legal compliance purposes, to perform and enforce these Terms, to protect and enforce our legal rights and for other purposes required or permitted by Applicable Law.

Safeguarding Your Personal Information: We protect personal information in our possession or control from loss, theft, alteration and misuse. The safeguards employed by us to protect your personal information depend on the sensitivity, amount, distribution, format and storage of the personal information. Although technologies can make it easier for fraud to occur, we employ around the clock monitoring systems and controls to detect and prevent fraudulent activity. We also build fraud prevention measures into our due diligence processes and regularly update our fraud detection/prevention methods. While we take precautions to protect your personal information from loss, theft, alteration, or misuse, no system or security measure is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate measures to protect your personal information as well.

Peoples Trust’s Privacy Policies: Our general personal information practices are described in our privacy policy, as amended from time to time, available online at http://www.peoplestrust.com/en/legal/privacy-security/privacy/.

9. Amendments of these terms

You acknowledge that from time to time we may amend these Terms. Except as otherwise required by Applicable Law, Business Cardholder, as Cardholder, will notify you of any such amendments by updating these Terms on the Website or delivering such amendments electronically or otherwise.

10. No Warranty of Availability or Uninterrupted Use

From time to time Card services may be inoperative, and when that happens, you may be unable to use the Card. Please notify us (by calling 1-833-944-3175 or emailing support@floatcard.com) if you have any problems using the Card. You agree that we are not responsible for any interruption of service.

11. Disclaimer of Warranties and Limitation of Liability

Except as expressly otherwise provided in these Terms, neither Peoples Trust nor Peoples Trust’s service providers make any representations or warranties of any kind to you, whether express or implied, regarding the services provided under these Terms, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Limitation of Liability: Except as expressly required by these Terms or the Applicable Law, neither Peoples Trust nor Peoples Trust’s service providers will be liable in any way for any dispute arising out of the purchase of merchandise or services using the Card or the failure of any merchant to honour the Card. Neither Peoples Trust nor Peoples Trust’s service providers are responsible for any failure to supply, lack of suitability or quality of any goods or services purchased from any merchant through use of the Card, whether or not such failure or refusal is a result of any error or malfunction of equipment used to effect an authorization of the Card. Neither Peoples Trust nor Peoples Trust’s service providers will be liable for any action or failure to act of any merchant or refusal by any merchant to honour the Card. Neither Peoples Trust nor Peoples Trust’s service providers will be liable for any damage, loss or inconvenience you may incur if you are unable to use the Card as a result of any failure, error, malfunction or technical problem with third-party systems, equipment or POS terminal.

Except as expressly required by these Terms or Applicable Law, neither Peoples Trust nor Peoples Trust’s service providers will be liable to you for performing or failing to perform any obligation under these Terms unless we have acted in bad faith. Without limiting the foregoing, neither Peoples Trust nor Peoples Trust’s service providers will be liable to you for delays or mistakes resulting from circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, epidemic or pandemic, public health emergency, communicable disease outbreak, insurrection, war, riots, failure of any merchant to perform or provide services, failure of any merchant to honour the Card, failure of Business Cardholder to fund the Card or approve transactions, failure of communication systems, equipment or systems. Not in limitation of the foregoing, neither Peoples Trust nor PeoplesTrust’s service providers will be liable to you for any delay, failure or malfunction attributable to your equipment, any Internet service, any payment system or any Customer Service function. In the event that Peoples Trust nor Peoples Trust’s service providers are held liable to you, you will only be entitled to recover your actual direct damages. In no event shall you be entitled to recover any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages.

12. Website and Availability

Although considerable effort is expended to make the Website and other operational and communications channels available, we do not warrant these channels to be available and error free at all times. You agree that we will not be liable for any interruptions in service, whether temporary or extended, due to maintenance or website changes or failures, or failures beyond our control, including but not limited to, the failure of interconnecting and operating systems, computer viruses, forces of nature, labour disputes or armed conflicts. Neither Peoples Trust nor Peoples Trust’s service providers will bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses that may affect your computer or other equipment.

13. Arbitration of Disputes

Subject to all other terms set out in these Terms, and to the extent not prohibited by Applicable Law, you agree that any claim of any kind against Peoples Trust, Peoples Trust’s service providers, or Visa arising from or related to the Card and its use: (i) shall be resolved by final and binding arbitration before a single arbitrator at Vancouver, British Columbia and (ii) shall not be brought through class or individual litigation proceedings. If such a claim is advanced by class proceeding by any other person on your behalf, you will opt out of, or not opt into, such proceedings as circumstances dictate.

14. Entire Agreement

These Terms, including both the Information Disclosure Summary and the additional Terms, set out the entire agreement between the parties with respect to the use of the Card. These Terms replace all prior agreements and understandings between you and us with respect to the Card.

15. Section Headings

Section headings in these Terms are for convenience of reference only and shall not govern the interpretation of any provision of these Terms.

16. Governing Law

To the extent not prohibited by Applicable Law, you agree with us that any claim or action brought pursuant to these Terms will be brought in the exclusive jurisdiction of the courts of British Columbia and these Terms will be construed in accordance with and governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

17. Severability

If any part of these Terms is found to be invalid or unenforceable by any court or government agency of competent jurisdiction, that invalidity or unenforceability shall not affect the remainder of these Terms, which shall survive and be construed as if such invalid or unenforceable part had not been contained herein.

18. English Language

The parties have expressly required that this Agreement, and any communications, other contracts, documents and notices relating to this Agreement be drafted in the English language only.

Les parties ont expressément exigé que la présente convention et toute communication, autres contrats, documents et avis qui y sont afférents soient rédigés dans la langue anglaise seulement.

*Visa Int./Peoples Trust Company, Licensed User.

Effective date: 12 April 2023.

Float Financial Solutions US Privacy Policy

Last Updated: December 19, 2022

Introduction

Float Financial Solutions Inc. and its subsidiary Float Financial Solutions US Inc. (“Float”, “Us”, “Our”) have prepared this privacy policy to explain the manner in which we collect, use and disclose personal information, including personal information that we collect through floatcard.com (the “Website”) and information we process on behalf of our customers in connection with the use of our Services (as defined below).

Your privacy is important to us. To ensure you have access to all of the information you need, we have laid out an overview of the content of this Privacy Policy below. If you have any questions about how we process your personal information or suggestions on how we can improve, please reach out to our Legal Team at legal@floatcard.com. If you do not agree, do not use the Float Services or Website and Product.

The information we collect, process, and otherwise receive through your use of our Product is governed by terms of our agreements with our partner institutions and customer in question, including our cardholder agreement. In the event of a conflict between this Privacy Policy and the terms of any agreements between a business customer and Float, the terms of those agreements will take precedent.

Table of Contents

  1. Collection and use of Personal Information
  2. Information collected through automatic data collection technologies
  3. How we Use the Information we Collect
  4. How we Share your Personal Information
  5. Other Important Information About Your Personal Information, Safeguards and Retention
  6. Your Choices About Your Personal Information
  7. Additional Disclosures
  8. Children under the Age of 13
  9. Contact Us

Collection and use of Personal Information

Float provides an online spend management platform through which our customers can load funds onto prepaid corporate cards (“Card(s)”), set rules and budgets for expenditures made using those cards, track spending by individual employees, and manage and track business spending, through which Float can calculate cashback each customer has earned through their expenditures and derive insights for our customers on employee spending patterns (collectively the “Services”). In the course of providing these Services, we receive and process personal information as described below to provide the Services to our customers. All personal information collected or derived from an employee may be shared with our customer that issued credit cards to those employees. We do not use this information for any other purpose except as set out in this privacy policy, customer’s agreement with us, or as required or permitted by applicable laws.

  • Information required to provide the Services:  In order to provide the Services to our customers, we collect, process, and disclose:
    1. Personal and Authorized User Information: Including names, titles, and email addresses of employees to whom our customers have issued credit cards. Information provided about any users who will be issued a Card, such as their name, email address, social security number (if required), forms of ID (e.g. Driver’s License or Passport) and phone number. Where information about other users is provided, you agree that you have the necessary rights and permissions to provide such information to Float.
    2. Business Information: Including your company name, incorporation documentation, size, and postal address.
    3. Account Information: We collect and use customer information in order to create an account that can be used to access and use the platform for our Services. This information includes customer name, billing address and other business contact information (email addresses, phone numbers), as well as a username and password that you create. We use this information to create and administer user accounts, authenticate users, process payments, and manage access and control rights. We ask that you do not disclose your password to anyone, and you are responsible for keeping your password confidential. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages). If you become aware of any unauthorized access to or use of your account, you are required to notify us immediately.
    4. Booking a Demo: If you request a free consultation or demo, we may collect your name, job title, and business contact information (including company email and phone number), and certain information about your company. We use this information to contact you and otherwise facilitate or provide you with your consultation or demo.
    5. Platform Use: We may monitor use of the platform by our customers’ employees or other authorized users in order to detect, investigate or prevent any actual or potential violation of our terms and conditions. We may also generate aggregated, non-identifiable data and use such information to monitor the performance, use and stability of the platform and to improve our Services.
    6. Information related to an ACH payment: If you fund your account from a US-based bank using the Automated Clearing House (ACH) network, we will collect information in line with the operating rules and requirements as defined by the National Automated Clearing House Association (NACHA).
    7. Transaction Information: Including purchase details (such as amount, frequency, and date), receipt information, and information provided to us by the card network.
    8. Content Information: Including content within messages you send to Float, such as through Sales, Support, or your account manager.
    9. Support Information: We may collect certain information (such as name, email address and nature of the inquiry) when we provide user support by phone, email or within the platform.
    10. Employment: If you apply for a job with us, we may collect certain personal information about you (such as information that would be contained in a resume, cover letter, or other employment-related materials). We use this information for the purpose of processing, evaluating and responding to your application.
    11. Surveys: From time to time, we may offer our customers the opportunity to participate in one of our surveys. The information obtained through our surveys is used in an aggregated, de-identified form. We use this information to help us understand our users and to enhance our Website.
    12. Contact Us: When you contact us with a comment, question or complaint through email, telephone, or the Website, you may be asked for information that identifies you, such as your name, email address, and a telephone number, along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service and service offerings.
    13. Referral Information: When you provide potential referrals to Float, you agree that you have all rights and permissions necessary to provide such information to us.

Information collected through automatic data collection technologies

In addition to the sample of data points we highlighted in the “Collection and use of Personal Information” section above, we also automatically collect data via our Website to improve functionality, increase security, protect against fraud, understand your preferences, market to you, and better tailor our Services. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, as described in this section.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). For information about how you can opt out of behavioral tracking from many providers, see Choices About How We Use and Disclose Your Information.

  • Visiting our Website: We collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity and to monitor and improve our Website.
  • Cookies: Our Website uses a technology called “cookies.” A cookie is a tiny element of data that our Website sends to a user’s browser, which may then be stored on the user’s hard drive so that we can recognize the user’s computer or device when they return. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the Website features.
  • Web Beacons: Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Flash Cookies: Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Analytics: We may also use a third party such as Google Analytics to help us gather and analyze information about the areas visited on the Website (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Website. For information about managing your privacy settings for Google Analytics, see Choices About How We Use and Disclose Your Information.
  • Third Party Use of Cookies: Some content or applications on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

The Website does not respond to do not track signals.

How we Use the Information we Collect

We collect and process information in accordance with the practices described in this Privacy Policy in order to action business functions, including:

  1. Providing Float’s Service: We use the data we collect to allow our customers to access the platform, determine the eligibility of our customers to use our Services, to provide our Services, and to implement improvements to our offering.
  2. Communicating with our Customers: We use the information we collect to send customer communications, including but not limited to, important feature announcements, marketing and advertising, security updates, and changes to our policies.
  3. Security and Fraud Detection: We use the information we collect to detect and prevent fraudulent or otherwise unauthorized behavior.
  4. Response to Requests: We use the information we collect to respond to customer requests that pertain to their businesses’ Float accounts.
  5. With Notice to You and Your Consent: We may otherwise use the information we collect after providing sufficient notice as governed by applicable laws and regulations.
  6. Compliance: We use the information to ensure compliance with legal requirements and practices.
  7. Legal Rights: We use the information to protect our legal rights to the extent authorized or permitted by law.
  8. De-identifying Information: We may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by law or contractual obligation applicable to us.
  9. Marketing: As part of this process, we may incorporate tracking technologies into our own Services (including our Website and emails) as well as into our ads displayed on other websites and services. Some of these tracking technologies may track your activities across time and Services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you (“Interest-based Advertising”).

. See the “Your Choices About Your Personal Information” section below for more information about your choices in connection with how we use your Personal Information.

How we Share your Personal Information

We do not sell or disclose personal information to third parties without your consent, except as set forth below or as required or permitted by law.

  • Service Providers: Personal information will be transferred (or otherwise made available) to certain third parties that provide services on our behalf. We use service providers to provide services such as hosting the Website and our platforms, and providing payment processing, authenticating users, advertising, and marketing services. Personal information that we process on behalf of customers in the course of providing the platform services will be transferred (or otherwise made available) to third parties that provide services on our behalf. We use service providers to provide services such as issuing credit cards, loading funds and processing payments, integrating with and withdrawing funds from company bank accounts, scanning and managing receipts, hosting the Website, authenticating users, and providing advertising and marketing services. Our service providers are only provided with the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes. Our service providers may be located in the U.S., Canada or other foreign jurisdictions.
  • Third-Party Applications: Customers may choose to export their transaction data or other personal information to third-party applications with whom the customer has a relationship, including tax management and filing services. Customers may also choose to login to Float using a third-party application (e.g. OKTA). If a customer chooses to utilize an integration to facilitate logging into the platform, Float may receive information from the other service that you have authorized to share with us. The other service may also independently collect information for which Float holds no liability or responsibility. We encourage you to read the respective Privacy Policies of these providers. Float will share personal information with such third parties as instructed by the customer.
  • Legal and Compliance: We and our Canadian, U.S. and other foreign service providers may provide personal information in response to a search warrant to other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by U.S. or foreign courts, law enforcement or other government authorities. Your personal information may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
  • Sale of Business: We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Float Financial Solutions Inc. or as part of a corporate reorganization or other change in corporate control.
  • Subsidiaries and Affiliates: We may disclose personal information that we collect or you provided as described in this privacy policy to our subsidiaries and affiliates.

Please note that Float is not responsible for the Privacy practices of any third-party affiliates or service providers. The information collected and stored by said parties is subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or in other jurisdictions. We strongly suggest that you review the privacy practices of said parties prior to using their services.

Other Important Information About Your Personal Information, Safeguards and Retention

We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. However, please note that no information security program or transfer via the internet is entirely secure and, although we employ safeguards to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website, platform, or through the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or platform.

  • Third Party Links: Our Website may contain links to other websites that Float does not own or operate. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat personal information. We encourage you to read the privacy policy of every website you visit.

Your Choices About Your Personal Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website, here. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Google Analytics. Google Analytics operates cookies on the Website. You can learn more information about how Google Analytics uses Cookies or other tracking technologies on the Platform by visiting: How Google Uses Information From Sites or Apps .  Further, you can manage your Google ad settings, by visiting: Google’s My Ad Center.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by us to promote our own or third parties’ products or services, you can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email or by contacting us at the contact information provided in the “Contact Us” section below. Please note that you may continue to receive transactional or account-related communications from us after you unsubscribe.
  • Unlinking Applications: If a customer has linked a third-party service, such as an accounting software or Slack, the customer may unlink their service at any time through the settings page in the Float account. Unlinking your account will not impact data collected while the services were connected. The other service may also independently collect information for which Float holds no liability or responsibility. We strongly suggest you to read the respective privacy policies of these providers.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website, here.

Access to information

If we receive a request from an individual to access or update personal information we maintain on behalf of a customer, we will direct that individual to the relevant customer. We will assist our customers wherever possible in responding to individual access requests. Subject to applicable law, you may have the right to access, update and correct inaccuracies in your personal information in our custody or control. You may request access, updating and corrections of inaccuracies in your personal information in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.

Additional Disclosures

Nevada Residents: Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us at legal@floatcard.com.

Children’s under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to the Website or receive our services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website, If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the information provided in the “Contact Us” section of this privacy policy.

Contact Us

If you have any questions or comments about this privacy policy or the manner in which we or our service providers treat your personal information, or to request access to our collection of your personal information, please contact us at:

+1 (833) 944-3175

legal@floatcard.com 

Float by Thread Bank Demand Deposit Account Agreement

CUSTOMER SERVICE CONTACT INFORMATION:

Address:  Float Customer Service support@floatcard.com

Website:  https://floatcard.com

Phone Number:  +1 (833) 944-3175

IMPORTANT NOTICES:

  • (1) PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION SETTING FORTH THE RULES FOR DISPUTE RESOLUTION WITH US.
  • (2) ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE IN YOUR ACCOUNT. MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE THE ACCOUNT BALANCE.
  • (3) BY OPENING OR MAINTAINING THIS ACCOUNT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. THIS AGREEMENT INCLUDES THE FOLLOWING DISCLOSURES (1) THE FEE SCHEDULE; (2) OUR PRIVACY POLICY, AND (3) ANY ADDITIONAL DISCLOSURES REGARDING YOUR ACCOUNT AND/OR RELATED FEATURES OR SERVICES THAT THE BANK MAY PROVIDE TO YOU FROM TIME TO TIME.
  • (4) WE MAY CLOSE THE ACCOUNT AT ANY TIME, WITH OR WITHOUT CAUSE (SEE THE SECTION TITLED “ACCOUNT CLOSURE”, BELOW, FOR MORE INFORMATION).

This Demand Deposit Account Agreement (“Agreement”) sets forth the terms and conditions that govern your Float Account (“Account”). Float is a service mark of Float Financial Services US Inc., which provides services for the Account. “Accountholder”, “you” and “your” means the person who has opened and owns the Account. “We,” “us,” “our” and “Bank” mean Thread Bank, a state  chartered bank, Member FDIC, and our successors, affiliates or assignees. Please read this Agreement carefully and keep it for future reference.

1. DEFINITIONS

  • Access Device” means your Card, PIN, password, and any other code or device that we make available to access your Account.
  • Available Balance” is the amount of funds in your Account available for withdrawal and authorizing transactions, which may be different than yourAccount Balance. The Available Balance is reduced by 1) the amount of pending transactions, such as a point-of-sale transaction; 2) funds on hold in accordance with our Funds Availability Policy; 3) our receipt of notice that a transaction will be presented or returned; or 4) our receipt of legal process relating to your Account.
  • “ACH” means the Automated Clearing House network, a funds transfer system governed by Nacha rules, that provides funds transfer services to participating financial institutions.
  • Business Day” means any day of the week that is not a Saturday, Sunday or federal holiday. Any references to “days” found in this Agreement means calendar days unless indicated otherwise. Non-Business Days are considered part of the following Business Day.
  • Card” means the debit card that may be used to access the funds deposited in your Account. The term “Card” includes both physical and Virtual Cards, although Virtual Cards have limited functionality as described in Section 3(b).
  • Customer Service” means the customer service we make available for your Account, available at the address, website and phone number listed in the section titled “Customer Service Contact Information.”
  • Financial Service” means your Account or any financial product or service made available to you through a website or mobile app or otherwise in connection with your Account.
  • Fee Schedule” refers to the document listing fees applicable to your Account, which is attached to this Agreement as amended from time to time.
  • PIN” means a Personal Identification Number used in connection with your Card to conduct Account transactions, as further described in the section below titled “Using Your Account.”

2. ABOUT YOUR ACCOUNT

Your Account is a demand deposit checkless checking account, meaning that transfers made to or from the Account may only be made electronically.  The Account is not a prepaid account or a credit product. You will not receive any interest on the funds in your Account. This Account is designated for business use, and we may close your Account if we determine that it is being used for consumer purposes. We may close your Account or refuse to process any transaction involving your Account that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. When we receive the funds that you deposit to your Account, the funds are insured by the Federal Deposit Insurance Corporation (“FDIC”), subject to applicable limitations and restrictions of such insurance. You may not use your Account for any illegal transactions or any activity prohibited by this Agreement.

You agree to pay the charges as shown on the Fee Schedule. Fees assessed to your Account balance may bring your Account balance negative. Any time your Account balance is less than the fee amount being assessed to your Account or your Account balance is already negative, the assessment of the fee will result in a negative balance on your Account or increase the negative balance on your Account, as applicable, except the Administrative Fee which will only be assessed if your Account balance is equal to or greater than the fee amount. If that occurs, any subsequent deposits to your Account will first be applied to the negative balance.

3. GETTING STARTED

a. Verification Process

  • (1) Important information for opening an Account: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens an Account.
  • (2)What this means for you: When you open an Account, we will ask for your name, residing and business address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other documents at any time.Accounts are opened subject to our ability to verify your identity by requiring acceptable types of identification. We may validate the information you provide to us to ensure we have a reasonable belief of your identity. If we are not able to verify your identity to our satisfaction, we will not open your Account or we may close the Account if it was previously funded and issue a refund check to the address used to request the Account. We reserve the right to not open an Account for anyone in our sole discretion. We may also limit the number of Accounts that you have in our sole discretion. Your Account is subject to fraud prevention restrictions at any time, with or without notice.
  • (3)Eligibility and Activation: To be eligible to use and activate this Account, you represent and warrant to us that: (i) you are citizen or permanent resident of the fifty (50) United States or the District of Columbia who can lawfully enter into and form contracts under applicable law in the state in which you reside or a citizen or permanent resident of Canada; (ii) the personal information that you have provided to us is true, correct and complete; (iii) you have read this Agreement and agree to be bound by and comply with its terms.

b. Card Activation

.

If you request an Account and we are able to verify your identity to our satisfaction, we will provide you with the ability to create and order virtual Cards (“Virtual Card”) and physical Cards. A Virtual Card is an online representation of a Card. You can use the Virtual Card as provided in this Agreement, with the following limitations: you may not add funds to your Account using your Virtual Card. In order to complete the process of opening your Account and to access the funds on deposit in your Account, you must create at least one card. Virtual Cards are activated immediately on creation in the Float platform. Physical cards are activated by the cardholder in the Float platform once received by the cardholder via postal mail. Card Purchases. You may use your Card to purchase goods and services from merchants that accept Cards bearing an acceptance mark displayed on the Card as a method of payment.

c. Delivery of Electronic Communications

.

As a condition of opening and maintaining the Account, you are required to consent to receiving electronic communications from us.

4. ACCOUNT FUNDS

Deposits may be made only in the form and manner we permit in our sole discretion. Only electronic deposits are permitted. We may, at our sole discretion, refuse to accept any deposit. In addition, you are liable to us for all costs and expenses related to the collection of any amount from you.

5. USING YOUR ACCOUNT

a. Accessing Funds and Limitations

Each time you use your Card or another permitted method to access funds in your Account, the Available Balance in your Account will be reduced by the amount of the transaction and applicable fees. Generally, you may not exceed the Available Balance in your Account through an individual transaction or a series of transactions. If a transaction on your Account exceeds the balance of the funds available in your Account, you will remain fully liable to us for the amount of the transaction and any corresponding transaction fees(s) and agree to pay us promptly for the negative balance. If your Account has a negative balance, any deposits will be used to offset the negative balance. We may also, to the extent permitted by applicable law, use any deposit or balance on another account you have with us to offset a negative balance in your Account.  Additionally, we have the right to pursue collection, including the right to collect funds equal to or less than the negative balance, plus any applicable fees, from any other account(s) you may have with us. If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself. The following types of electronic fund transfers are available on your Account:

  • (1) ACH Debits. You may provide another party the ability to initiate transfers from your Account (on a one-time or recurring basis) through an ACH transaction. If you authorize the party initiating the withdrawal with advance authorization to make recurring ACH transfers to or from your Account, the transfers are referred to as “preauthorized transfers.”
  • (2) Card Purchases. You may use your Card to purchase goods and services from merchants that accept Cards bearing an acceptance mark displayed on the Card as a method of payment.

b. Limits

The following limits apply to transactions on your Account:

Transaction Type
Use of your Card for Purchase Transactions
Limit
$150,000 per transaction
(Restricted to $150k total per day – with a maximum of $750k per month)
Frequency
Daily

Transaction Type
Use of your Card for Purchase Transactions
Limit
$ 750,000.00
Frequency
Monthly

Transaction Type
Account-to-account transfers via ACH
Limit
Unlimited

b. Foreign Transactions

If you make a purchase or obtain cash using your Card in a currency or country other than US Dollars (“Foreign Transaction”), the amount deducted from your Account will be converted by the network or card association that processes the transaction into an amount in the currency of your Account. The rate they choose is either: (i) selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself receives), or (ii) the government-mandated rate in effect for the applicable central processing date. If a Foreign Transaction results in a credit due to a return, we will not refund any Foreign Transaction Fee that may have been charged on your original purchase.

c. Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages up to a maximum of the transaction amount. However, there are some exceptions. We will not be liable, for instance:

  • (1) If a merchant refuses to accept your Card;
  • (2) If an electronic terminal where you are making a transaction does not operate properly and you knew about the problem when you initiated the transaction;
  • (3) If access to your Account has been blocked after you reported your Card or PIN lost or stolen;
  • (4) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
  • (5) If we have reason to believe the requested transaction is unauthorized;
  • (6) if the transaction, terminal or acceptor is declined due increased fraud risk
  • (7) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;
  • (8) For any other exception stated in our Agreement with you.

d. Authorization Holds

With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Account may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds. You do not have the right to stop payment on an authorized purchase transaction, except as otherwise provided herein. If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $100.00 or more. If your Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier.

6. CONFIDENTIALITY

We may disclose information to third parties about your Account or the transactions you make:

  • (1) Where it is necessary for completing transactions;
  • (2) In order to verify the existence and condition of your Account for a third party, such as merchant;
  • (3) In order to comply with government agency or court orders, or other legal reporting requirements;
  • (4) If you give us your written permission;
  • (5) To our employees, auditors, affiliates, service providers, or attorneys as needed; or
  • (6) As otherwise necessary to fulfill our obligations under this Agreement.

7. DOCUMENTATION

a. Periodic Statements

You will be able to review Account transactions and Account statements through the Float platform or documents provided by the Float team. You must also consent to receive electronic communications. We do not send paper statementsIf you have revoked your consent to receive electronic communication, your Account will be closed in accordance with our account closing procedures for e-sign revocation.

b. Receipts

You can get a receipt in the Float platform at the time you make any transfer to or from your account. You may need a receipt in order to verify a transaction with a merchant.

8. LOST OR STOLEN CARDS; UNAUTHORIZED TRANSACTIONS.

a. Contact Customer Service Immediately

If you believe your Card or Access Device has been lost or stolen contact Float Customer Service. You may call Customer Service to notify Float of a lost or stolen Card or Access Device. Within the Float platform you may also lock your Card, which will prevent any transactions from being made using your Card. You should also call or write to Customer Service if you believe a transfer has been made without your permission.

b. Your Liability for Unauthorized Transfers

Pause your card in the Float platform and tell us AT ONCE if you believe your Card or Access Device has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Notifying Customer Service within the Mobile App or calling Customer Service is the best way of keeping your possible losses down. You could lose all the money in your Account. If your Card, or Access Device has been lost or stolen, we will deactivate your Card or Access Device, as applicable, and issue you a new one to keep losses down.

Account activity should be actively monitored for unauthorized transactions by card holders. Failure to do so can result in unrecoverable losses, of which Float does not hold liability for. Float will always submit disputes on behalf of the account holder, but can not guarantee the outcome or cover losses of cases.

c. In case of errors or questions about your Electronic Transfers

Contact Float Customer Service as soon as you can if you think an error has occurred in your Account. You must contact Float Customer Service no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared. You will need to tell us:

  • (1) Your name and Card or Account number;
  • (2) A description of the error or the transaction you are unsure about;
  • (3) An explanation of why you believe it is an error or why you need more information; and
  • (4) The dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) Business Days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) Business Days to credit your account for the amount you think is in error. We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation and will debit any provisional credit given. You may ask for copies of the documents we used in our investigation. If you have any further questions regarding our error resolution procedures, please contact Customer Service.

d. Your Liability for Unauthorized Mastercard Transactions

Under Mastercard’s Zero Liability Policy, your liability for unauthorized transactions using your Card is $0.00 if you notify us promptly upon becoming aware of the loss or theft, and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use and validate transactions as required. These provisions limiting your liability do not apply to debit transactions not processed by Mastercard.

9. ADDITIONAL TERMS OF THE AGREEMENT

a. Personal Identification Number (“PIN”)

You will be required to set a Personalized Identification Number (“PIN”) at the time of Card activation. You should not write down or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in this Agreement.

b. Returns and Refunds

If you are entitled to a refund for any reason for goods or services purchased with your Account, the return and refund will be handled by the merchant. If the merchant credits your Account, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs. We are not responsible in any way for any goods or services you decide to purchase, including without limitation, their quality, safety, legality or delivery. We will not become involved in any dispute involving such goods or services. You also agree to release us and our respective directors, officers, employees and agents from any and all claims, demands and damages between persons using and accepting the Card associated with your Account, including any claims, demands or damages arising out of or related to the purchase or sale of goods or services.

c. Card Replacement and Expiration

If you need to replace your Card for any reason, please contact Float Customer Service to request a new card (fees may apply, see the Fee Schedule). You will be required to provide personal information which may include your Card number, full name, transaction history, and similar information to help us verify your identity. Please see the Fee Schedule for any applicable fees to replace your Card. Please note that your Card has a “Valid Thru” date on the front of the Card. You may not use the Card after the “Valid Thru” date on the front of your Card. You will not be charged a fee for replacement Cards that we send due to expiration of the Card.

d. Authorized Users

Users can be added to an Account by any person designated as an Admin through the Float app. Users are required to provide government issued ID, pass an identity check and pass watchlist (for example, but not limited to OFAC) checks. Changes to watchlists will be monitored to assess continued eligibility for use of Our services.

Administrators are able to remove Users from their account through the Float app, or by requesting the change through our chat or phone support. Float maintains the right to suspend and remove Users at the company’s discretion.

e. Change of Address

You are responsible for notifying us immediately upon any change to your address or email address You are responsible for notifying us of any change in your physical address, mailing address, email address, phone number, or your name, no later than two (2) weeks after said change. We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.

We cannot accept responsibility for any e-mail messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your e-mail account available to any other individual, you agree that you are responsible for any release of any Account information to such individual. It is your sole responsibility to ensure that the e-mail address you provide to us is current and accurate. We are not responsible for loss of messages and other consequences if you do not provide an accurate and current e-mail address.

10. LEGAL NOTICES

a. English Language Controls

Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

b. Account Closure

You may close your Account by contacting Float Customer Service. Your request for Account closure will not affect any of our rights or your obligations arising under this Agreement prior to the request. Should your Account be closed, we will either send the remaining balance on your Account to the Account the funds were initially withdrawn from or a validated account relating to the business or we will send a check to your latest reported address for any remaining balance on your Account, subject to any fees (see your Fee Schedule for applicable fees, if any). We reserve the right to close your Account should you complete or attempt to complete any of the prohibited actions in this Agreement.

Float may close your Account at any time with or without cause. Float may try to notify you in advance should this be necessary, but we are not obligated to do so unless required by law. If we close your Account, we will, unless otherwise required by law, send you a check for your final balance, if any, minus any applicable Account fees and charges. If your Account balance is insufficient to pay applicable Account fees and charges owed to us, you will continue to be liable to us for the unpaid amount including additional fees  until it is paid in full. Your obligations for transactions conducted prior to Account closure will survive the closure of the Account.

c. Disclaimer of Warranties

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING OUR SERVICES OR ANY FINANCIAL SERVICE OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

d. Assignability

You may not assign or transfer your Account or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in your Account. If we assign our rights, you will get a notification from us.

e. Amendment and Cancellation

We may change this Agreement at any time. We may add new terms or delete or amend existing terms, add new services and discontinue existing services, or convert existing services into new services. We will give you reasonable notice in writing or by any method permitted by law of an adverse change to this Agreement. However, if the change is made for security purposes, we can implement such change without prior notice unless otherwise required by law. We may, but are not required to, notify you of changes that we make for security reasons or that we believe beneficial or otherwise not adverse to you. When we change this Agreement, the then-current version of this Agreement supersedes all prior versions and governs your Account. If you continue to use your Account or keep it open, you are deemed to have accepted and agreed to any changes, as of the effective date of any such change.

f. Legal Process

Regardless of where or how we are served, we may comply with any state or federal legal process, including, without limitation, any writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena or warrant relating to you or your Account which we believe to be valid. You agree that we may honor legal process that is served personally, by mail, or by facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Account or records are maintained. You agree that we will have no liability to you for honoring any such legal process. You also agree that we will have no obligation to assert on your behalf any applicable exemptions to execution or attachment under any applicable state or federal law. We will also have and may enforce a right of setoff and security interest against any of your Accounts in order to reimburse us for our fees and expenses, including attorneys’ fees, court costs and expenses, in complying with legal process. We may refuse to permit withdrawals or transfers from your account until such legal process is satisfied or dismissed even if such action results in insufficient funds to satisfy an obligation you may have incurred. Upon receipt of any legal process, you will be liable to us for our processing fee, and reimbursement for our record research, reproduction and handling costs. We may deduct such fee, as well as any expenses, including, without limitation, attorneys’ fees in connection with any such document or legal process, from your Account or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees. You agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costs and damages including, without limitation, attorneys’ fees, associated with our compliance with any legal process we believe to be valid. When we receive an order instructing us to restrict access to funds in an Account, we may remove the funds from the account and maintain them separately. These funds will not earn interest and will not be considered as part of your combined balances when we determine Account fees and rates.

Other Terms

We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement is governed by the law of the state of South Dakota except to the extent governed by federal law. Should your Account have a remaining balance after a certain period of time, we may be required to remit the remaining funds to the appropriate state agency. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter addressed herein, and supersedes any prior contemporaneous understandings or agreements with respect to such subject matter.

11. JURY TRIAL WAIVER

YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE DISPUTE CLAUSE SET FORTH IN THE FOLLOWING SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.