Mastercard Pay with Rewards™ App Terms of Use

These Mastercard Pay with Rewards™ Application Terms of Use (“these ToU”) set forth below are a legally binding agreement between you and Mastercard International Incorporated and its affiliates (“Mastercard” or “we”/”us”) with respect to your download and use of the Mastercard Pay with Rewards™ mobile application (the “Application”). Please read these ToU carefully before using the Application. If you do not agree to the terms contained in these ToU, then you may not use the Application. You acknowledge and confirm that you have the legal authority to bind yourself or any party you represent to, and that you accept these ToU. You acknowledge that you have read and agree to be bound by these ToU and to comply with all applicable laws, regulations and rules with regard to your use of the Application.

From time to time we may update the Application and these ToU.  Any such changes shall not affect your rights already acquired under these ToU. If you do not agree to the changes, you shall not use the Application after we post any changes to these ToU. You agree to review these ToU periodically to ensure that you are familiar with the most recent version. Mastercard may discontinue the Application or any part thereof or may prevent your use of the Application.  You agree that you do not have any rights in the Application and Mastercard will have no liability to you if the Application is discontinued or your ability to access the Application is terminated.

We may discontinue the Application under the following conditions:

a.         We retire or recall Pay with Rewards™;
b.         We create a new Application;
c.         We identify potential issues with the Application that require us to replace the Application;
d.         We introduce a new Application with enhanced functionality;
e.         We need to terminate access to the Application because of fraud related scenarios;
f.          You violates any terms and conditions of these TOU;
g.         You use the Application unlawfully;
h.         You uninstall the Application.

YOU MAY NOT USE THE APPLICATION FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TOU. YOUR ACCESS TO THE APPLICATION MAY BE TERMINATED IMMEDIATELY, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TOU. Upon the termination of THESE TOU, you shall cease all use of the Application.

Mastercard Pay with Rewards™ Application

Using Mastercard Pay with Rewards™.  Mastercard Pay with Rewards™ is a redemption functionality offered to you by Mastercard. Pay with Rewards™ can be used to redeem Rewards for any Eligible Purchase, “Rewards” meaning qualifying points, miles, stars and other qualifying reward/loyalty currency which you have on your loyalty account.

Pay with Rewards™ can be used for any transaction anywhere Mastercard is accepted (each, Mastercard-accepting location, an “Authorized Merchant”), including with respect to e-commerce, in person payments and recurring payments subject to local legal and regulatory requirements.  However, “Authorized Merchants” do not include hotels, car and truck rental agencies, gas stations, cruise ships and other merchants or transactions requiring pre-authorization, as Mastercard may designate from time to time, without further notice to you.  Also, a merchant is not an “Authorized Merchant” for a transaction if the transaction is not processed by the Mastercard payment network.

The Application allows you to enable/disable the use of Pay with Rewards™ for purchase transactions for which you would like to be reimbursed through the Pay with Rewards™.  You may use the Application to select either to utilize Pay with Rewards™ to be reimbursed for a single transaction, or leave Pay with Rewards™ turned on to receive reimbursement until your loyalty balance has been depleted.  If you select to be reimbursed for a purchase with Pay with Rewards™, and you do not have enough Rewards on your loyalty balance to cover the cost of the purchase, you may be able to use Rewards to be partially reimbursed for your purchase (a “Partial Reimbursement”), if Mastercard as the loyalty program organizer, the financial institution that issues your Mastercard card, or any other party that operates the loyalty program (the “Loyalty Program Organizer”) has enabled the Application’s Partial Reimbursement option.  If the Partial Reimbursement option is not enabled, and your Rewards balance does not equal or exceed the price of your purchase, you will not be able to use Rewards to reimburse any portion of your purchase.  For more information on Partial Reimbursements, please refer to the rules or guidelines made available by your Loyalty Program Organizer respecting Pay with Rewards™.  You must enable the Pay with Rewards™ Application BEFORE making a purchase for which you want reimbursement.  Except as described further below, if you have not enabled Pay with Rewards™ when you make a qualifying purchase, you will not be reimbursed through Pay with Rewards™ for such transaction.      

How Mastercard Pay with Rewards™ Works.  Under Pay with Rewards™, as the applicable amount of money is being debited from your Card for your purchase (“Eligible Purchase”), the number of Rewards necessary for a purchase reimbursement (or Partial Reimbursement, as applicable) will be automatically deducted from your Rewards balance, and a statement credit in such amount will be reflected on your next Card account statement. We cannot guarantee that the charge for the Eligible Purchase and the statement credit will appear on the same Card statement. For more information on your account statement billing cycles, please contact your Loyalty Program Organizer.  Minimum monthly payments, any interest due to your Loyalty Program Organizer in connection with your use of your Mastercard car, and insurance fees, annuity fees, or any other fees may not be eligible to be reimbursed via Pay with Rewards™.  Please check with your Loyalty Program Organizer for specific eligibility requirements on this type of usage.  If a chargeback or return of a purchase for which you were reimbursed using Pay with Rewards™ occurs, the purchase value will be returned to you by the Loyalty Program Organizer in lieu of the Rewards.

Viewing Reward Balances and Purchases.  The Application also allows you to view your current Rewards balance, and receive notifications delineating the Eligible Purchases towards which your Rewards have been credited.  You will need to opt-in for such notifications.

Viewing Recent Payment Transaction History and Redeeming Past Eligible Purchases

Your Loyalty Program Organizer may enable you to view your previous payment transaction activity associated with your payment card(s) linked in the Application and be notified of recent purchase activity (both Eligible Purchases and non-Eligible Purchases), as well as the Eligible Purchases where Rewards were redeemed at Authorized Merchants.  This can be done via push notifications through the Application and/or email, so long as you have voluntarily opted in to receive such notifications through the Settings in the Application or as part of your Loyalty Program Organizer’s loyalty program.  In such cases, your Loyalty Program Organizer may also enable you to choose to redeem past Eligible Purchases for Rewards in the Application for a certain period of time post-transaction.

Terms and Conditions of Your Loyalty Program Organizer

In order for you to download, register for or use the Application, you may be required to accept further terms and conditions of your Loyalty Program Organizer and/or terms and conditions of another party in whose loyalty program you take part.         

Grant of License

Subject to the terms of these ToU, Mastercard grants you a limited, non-exclusive, non-transferable, revocable license to use the Application, including the software (including, without limitation, software, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), Application Updates (as defined below), documentation and any accompanying fonts, on Apple or Android devices that you own or control and as permitted by the LAEULA or Standard Terms (both as defined below), as applicable. Neither title nor any intellectual property rights are transferred to you, but remain with Mastercard, which owns full and complete title to the Application, and Mastercard reserves all rights not expressly granted to you. The rights granted in these ToU are non-transferable and are limited to Mastercard’s intellectual property rights in the Application and do not include any other patents or intellectual property rights. Mastercard does not grant you any rights to use its proprietary interfaces and other intellectual property, including in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Application, except as explicitly set forth in these ToU. You may exercise your right to use the Application hereunder on the following fields of exploitation: reproduction of the Application on your device to the extent necessary to use the Application. Any use of the Application in any manner not allowed under these ToU or the LAEULA (defined below) or Standard Terms, as applicable, including, without limitation, resale, transfer, modification or distribution of the Application or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and other content provided by the Application, or use of the Application on devices that you do not own or control, is prohibited.  You may make a backup copy of the Application if it is necessary for the use of the Application. These ToU does not entitle you to receive and does not obligate Mastercard to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Application. These ToU is effective until terminated. Mastercard recommends you print a copy of these ToU for your personal records. This license has been granted for an unspecified period of time.

Users of the Apple Application

If you download and/or use Mastercard’s iPhone or iPad Application: You, the end-user of this Application, acknowledge that these ToU is entered into by and between Mastercard and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Application and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of these ToU and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these ToU. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Application. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/ca/terms.html#APPS). These ToU incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these ToU, the Application is considered the “Licensed Application” as defined in the LAEULA and Mastercard is considered the “Application Provider” as defined in the LAEULA. If any terms of these ToU conflict with the terms of the LAEULA, the terms of these ToU shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Application (including, without limitation, a third party claim that the Application infringes that third party’s intellectual property rights) or your use or possession of the Application, including: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, Apple, Inc. will have no warranty obligation whatsoever with respect to the Application.

Users of the Android Application

If you download and/or use Mastercard’s Android Application: You, the end-user of this Application, acknowledge that these ToU is entered into by and between Mastercard and you and not with Google Inc., and Google Inc. is not responsible for the Application and/or its content. You acknowledge that Google Inc. has no obligation whatsoever to maintain or support the Application. You acknowledge that you have reviewed the Android Market Terms of Service (located online at https://play.google.com/intl/en_ca/about/play-terms.html) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market-policies.html) (collectively, the “Standard Terms”). If any terms of these ToU conflict with the terms set forth therein, the terms of these ToU shall control. If you download the Application from another online market for software applications that operate on devices powered by the Android operating system, you acknowledge that you have reviewed and accepted the terms of services applicable to such market, and that in the event of a conflict, the terms of these ToU shall control. You further acknowledge and agree that in no event will Google Inc. be responsible for any claims relating to the Application (including, without limitation, a third party claim that the Application infringes that third party’s intellectual property rights) or your use or possession of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, Google, Inc. will have no warranty obligation whatsoever with respect to the Application.

Content

Mastercard provides the Application to you, subject to these ToU. “Content” means photos, audio, video, location data, text, images, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through or in connection with the Application. “Mastercard Content” means the Application, and any services performed, provided or enabled by or through the Application and all the information, communications, location data, scripting, photos, text, video, graphics, music, sounds, images, and other materials provided to you via the Application. Mastercard Content is intended for the lawful use by registered users of the Application. Mastercard Content may be used in the following fields of exploitation: reproduction of Mastercard Content on your device, as permitted by the features of the Application. You represent and warrant that you will use the Application and Mastercard Content only for the purposes permitted herein, that all of Your Content is accurate and otherwise complies with these ToU, and that you will promptly notify Mastercard if any of Your Content changes. Mastercard makes no representation that the Application or Mastercard Content are appropriate or available for use in particular locations.

You agree not to download, display or use any Mastercard Content for use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of Mastercard, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Mastercard and/or its licensors, that dilutes the strength of Mastercard or its licensors’ property, or that otherwise infringes Mastercard or its licensors’ intellectual property rights. You further agree to in no other way misuse any Mastercard Content or third party Content made available to you in connection with your use of the Application.

Accounts, Security, Passwords

The Application requires registration by entering your participating Mastercard card number(s) and establishing a four digit pin number.  The Application may ask you to provide additional information to participate in certain features or access certain content. Any such information provided by you shall be Your Content.  If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Application. You must complete the specified process by providing us with current, complete, and accurate information as requested by the Application.  It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility.  It is entirely your responsibility to maintain the confidentiality of your four digit pin number and any other identifying information.  Additionally, you are entirely responsible for any and all activities that occur under your account.  You agree to notify Mastercard immediately of any unauthorized use of your account.  You further agree not to email, post, or otherwise disseminate your four digit pin number or any user ID, password, or other information which provides you access to the Application.  Mastercard is not liable for any loss that you may incur as a result of someone else using your four digit pin number or account, either with or without your knowledge.

Application Updates

From time to time Mastercard may make available for download certain Application updates or upgrades to the Application to update, enhance or further develop the Application (“Application Updates”). The license granted herein allows you to download and use the Application Updates to update the Application on any device that you own or control. These ToU does not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by Mastercard.

Except as and only to the extent permitted by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, Application Updates, or any part thereof. Any attempt to do so is a violation of the rights of Mastercard and its licensors of the Application and Application Updates. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Application and Application Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

Mastercard may automatically download Application Updates to your device. You agree to accept these Application Updates. The Application and Application Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application and Application Updates. These laws include restrictions on destinations, end users and end use.

Use of the Application

The following requirements apply to your use of the Application:

  • You will not use any electronic communication feature of the Application for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
  • You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
  • You will not collect or store personal data about other users.
  • You will not use the Application for any commercial purpose not expressly approved by Mastercard in writing.
  • You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
  • You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

Mobile Service, Internet and Service Fees

The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application Updates, from Mastercard, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.

The Application may not work with all devices or all mobile carriers. Mastercard makes no representations that the Application will be compatible with all devices or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide for the purposes of the Application, you may be required to agree to pay such fee to the respective party in exchange for your continued use of such products or services for the purposes of the Application. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

Intellectual Property Ownership

As between you and Mastercard, you own Your Content. You hereby grant Mastercard, for an unspecified period, a non-exclusive, irrevocable license to use, copy, modify, display, distribute and create derivative works of any of Your Content displayed, transmitted or distributed through the Application. Your Content may be used by Mastercard’s on the following fields of exploitation: reproduction, in particular, digital reproduction, as well as dissemination, including making Your Content available. You agree that Mastercard is not obliged to reveal your authorship associated with Mastercard’s use of Your Content. Mastercard owns the Application, Mastercard Content, and the selection, coordination, and arrangement thereof, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Application excluding Your Content and Content that originates from parties other than Mastercard. Mastercard also owns the copyrights, trademarks, and other intellectual and proprietary rights throughout the world associated with the Mastercard Content and the Application. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Mastercard Content in whole or in part except as expressly authorized by Mastercard. There are a number of trademarks, logos, service marks, slogans, product names and designations and other proprietary indicia (collectively “Trademarks”) used in the Application and in the Mastercard Content. By making these Trademarks available through the Application and in the Mastercard Content, Mastercard is not granting you a license to use them in any fashion, and you are not granted any license under any of Mastercard’s or any third party's Trademarks or other intellectual property rights, except as specifically set forth in these ToU. The unauthorized copying, displaying, selling, distributing or other use of any Mastercard Content or Application is a violation of the law. You acknowledge having been advised by Mastercard that the Content and Application is protected by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other intellectual property and proprietary rights laws. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please follow the complaint process referenced in our website terms and conditions.

Privacy

Mastercard respects your privacy. Your use of our Application requires collection and processing of some of your personal data. For further information, please refer to Mastercard Pay with Rewards™ Mobile App Privacy Notice which constitutes integral part of this ToU.  

Representations and Disclaimer of Warranties

You represent and warrant that (i) you are not located in a location that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” location; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

To the maximum extent permitted by applicable law, Mastercard, Apple, Inc., and Google Inc., and each such company’s respective parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents (collectively, “Released Parties”) make no representation or warranty whatsoever regarding the Application. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Mastercard or the Released Parties.

The Internet may be subject to breaches of security. To the maximum extent permitted by applicable law, Mastercard and the Released Parties are not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.  You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Mastercard or the Released Parties any information or posting information to the Application. Mastercard and the Released Parties make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Application. This Application may be temporarily unavailable due to maintenance or malfunction of computer equipment.

THE APPLICATION (INCLUDING ALL APPLICATION UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. MASTERCARD AND THE RELEASED PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION AND THE MASTERCARD CONTENT. MASTERCARD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION, (INCLUDING ANY APPLICATION UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL BE CORRECTED.  No oral or written information or advice given by Mastercard or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. Should the Application prove defective, you assume the entire cost of all necessary servicing, repair or correction. For the avoidance of doubt, you acknowledge and agree that, to the maximum extent permitted by applicable law,  Mastercard, Apple, Inc. and Google Inc. will have no warranty obligation whatsoever with respect to the Application.

Limitation on and Exclusion of Remedies and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT MASTERCARD AND THE RELEASED PARTIES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE APPLICATION OR THE CONTENT OR ANY SERVICES MADE AVAILABLE THROUGH THE APPLICATION; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE APPLICATION; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY MASTERCARD, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE APPLICATION OR THE CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) THE CONDUCT, ACTIONS OR INACTIONS OF APPLICATION USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH APPLICATION USERS, EVEN IF MASTERCARD OR THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE APPLICATION OR ITS RELATED INFORMATION OR PROGRAMS. THESE LIMITATIONS APPLY EVEN IF REPAIR, REPLACEMENT, OR A REFUND FOR THE APPLICATION DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES; OR MASTERCARD KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES.

THE APPLICATION MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. MASTERCARD DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE APPLICATION. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS IS AT YOUR SOLE RISK.  IN NO EVENT WILL MASTERCARD OR THE RELEASED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

BY ACCESSING THIS APPLICATION, REGISTERING WITH THE APPLICATION AND/OR ACCEPTING ANY INFORMATION FROM THIS APPLICATION YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MASTERCARD AND THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TOU; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE APPLICATION OR THE CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE APPLICATION; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN MASTERCARD’S DEFENSE OF ANY CLAIM. MASTERCARD RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF MASTERCARD.

The failure of Mastercard to comply with these TOU because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Mastercard, shall not be deemed a breach of these TOU.

Links to Third-Party Applications and Services

The Application may provide connectivity or links to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). The Application may allow you to add/configure certain Third-Party Services to your device. Mastercard has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.

Users who utilize the Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on Mastercard servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Mastercard is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.

Assignment

Mastercard may assign this contract, in whole or in part, at any time with or without notice to you.  You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Application. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Application by others using the device.

General Information

These ToU constitutes a binding agreement between you and Mastercard, and is accepted by selecting the “AGREE” button. These ToU constitutes the entire agreement between you and Mastercard regarding the use of the Application. You may also be subject to additional terms and conditions (including, but not limited to, terms and conditions from your wireless carrier or operator) that may apply to your use of the Application. If any provision of these ToU is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these ToU. The failure of Mastercard to exercise or enforce any right or provision of these ToU shall not constitute a waiver of such right or provision.

By using the Application, you agree that the statutes and laws of the United States and the State of New York without regard to conflicts of laws principles, will apply to all matters relating to use of the Application and the Services, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Westchester County, New York, USA.  The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  You further agree that any disputes, claims and causes of action arising out of or connected with the Application and/or this Agreement, will be resolved individually, without resort to any form of class action.  The section titles in this Agreement are for convenience only and have no legal or contractual effect.  YOU AND MASTERCARD WAIVE ANY RIGHT TO A JURY TRIAL.

You acknowledge and agree that your use of the Application may involve you providing an “electronic signature” indicating your desire to use the Application. Your “electronic signature” indicates your acceptance of these ToU, and your consent to receive communications about these ToU electronically. Communications to you from Mastercard about these ToU will be made via the email address you entered upon registration. You may change your designated email address by accessing the Application’s “Settings” screen and entering a different email address. You also agree that you will not use the Application for any purposes prohibited by law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Content and software from the Application may be subject to U.S. export jurisdiction and the import jurisdiction of other locations. In connection with your use of this Application, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, location-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other locations. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Application, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Application has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

Inapplicability of Terms of Use to any Mastercard Payment Card Cardholder Agreement

Mastercard is a leading payment services organization. Mastercard is not a financial institution and does not issue credit, debit, check or payment cards of any type of nature. Your Mastercard-branded payment card relationship is with the financial institution that issues your Mastercard card (“Card Issuer”). Any and all questions or issues regarding your Mastercard-branded payment card or cardholder account should be directed to your Card Issuer, and not to Mastercard. While Mastercard has a relationship with your Card Issuer, that relationship does not pertain to individual cardholders or payment card accounts.

The Application is operated by Mastercard and is provided pursuant to these ToU. In the event of a complaint or concern regarding these ToU or the technical functionality of the Application, please contact Mastercard at the following address:

Mastercard International Inc. Global Privacy & Data Usage Officer 2000 Purchase Street Purchase, New York 10577 USA

Both you and Mastercard acknowledge and agree that no partnership is formed and neither of you nor Mastercard has the power or the authority to obligate or bind the other.

 

Effective Date: 09/29/2017

MasterCard Pay With Rewards™ Mobile App Privacy Notice

MasterCard International Incorporated and its affiliates (collectively “MasterCard”) respects your privacy.  This Privacy Notice applies to the MasterCard Pay With Rewards™ mobile application (“PWR App”) for participants of the loyalty program that is offered by the financial institution that issues your MasterCard card, MasterCard, or any other entity that operates the loyalty program, collectively the “Loyalty Program Provider.” The PWR app enables you to redeem rewards as described in your Loyalty Program Provider’s loyalty program terms, and based on the transactions made using eligible MasterCard cards. 

This Privacy Notice describes the types of personal data we collect in connection with the PWR App, the purposes for which we collect that personal data, third parties with whom we may share it and the measures we take to protect the security of the data. It also tells you about your rights and choices with respect to your personal data, and how you can reach us to update your contact information or get answers to questions you may have about our privacy practices.

This Privacy Notice does not cover the collection and use of your personal data by third parties on the application, on other MasterCard branded websites, by your MasterCard Card issuers (e.g. your bank), or any other information or communications that may reference MasterCard outside the PWR App except as otherwise provided herein. For questions regarding the loyalty program, such as the eligibility of purchases made with your MasterCard card(s), please contact your Loyalty Program Provider.

In order for you to download, register for or use for the PWR App, you are required to accept and comply with the MasterCard Pay With Rewards App Terms of Use (“ToU”) above and this Privacy Notice. For more information about MasterCard’s privacy practices, please visit MasterCard’s Global Privacy Notice at https://www.mastercard.us/en-us/about-mastercard/what-we-do/privacy.html

All capitalized terms used but not defined herein shall have the same meaning as such terms are defined in the ToU above.

1. Personal Data We Collect

    a.    Personal Data Provided by You

For the purpose of this Privacy Notice, “personal data” means any information relating to an identified or identifiable individual.  In connection with your use of the PWR App, we ask you to provide certain personal data when you register on the application, such as your payment card number, and an app passcode that serves as a password to grant entry to the PWR App,  and a security validation question which may include the last four numbers of your social security number or other identifier depending in the location that you live in.  You may also decide to provide us with your email address if you wish to receive notifications about your usage of PWR App. During registration, you will be asked to provide the location where you live, which is used to provide the location-specific terms of use and privacy notice.

    b.    Personal Data Provided by Merchants and Participating Issuing Bank in Connection with Your Use of the PWR App

We receive certain payment transaction information related to the payment card(s) that you select to  enroll into the loyalty program, including but not limited to merchant name and location, currency, amount, date and time of transaction, from merchants and the issuing bank which issued your enrolled payment card.  Payment transaction information is used to determine eligibility for redemption of rewards for the selected eligible transactions pursuant to the Loyalty Program Provider’s loyalty program terms. 

Depending on the loyalty program, you may be able to view your previous payment transaction activity associated with your payment card(s) linked in the PWR app, and be notified of eligible and ineligible transactions, and where points were redeemed for statement credit(s).

2. Information We Collect Automatically

If you access the PWR App, on your mobile telephone or other mobile device, we may collect your unique device identifier (e.g. MAC address, AndroidID, and UDID), mobile device IP address, as well as information about your device’s operating system, mobile carrier, mobile Internet browsers, and other information described in this Privacy Notice.  We also collect information on actions taken on the application, and dates and times of actions, and other mobile analytics. We use this information to improve the PWR App based on an understanding of factors such as how many users access or use our service, which content and features of our service most interest our visitors, and how our service performs from a technical point of view. The PWR App does not use GPS services or geo-location services. 

We may use third parties to perform analytics services on the PWR App, such as Adobe Omniture. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use our services. The information collected through these means (including mobile IP address) may be disclosed to these analytics providers, who use the information to evaluate use of the PWR App. To learn more about cookies and how to opt out, please visit http://www.aboutads.info/choices/ or http://www.adobe.com/privacy/opt-out.html/.

3. How We Use the Personal Data We Collect

We may use the personal data we obtain about you to:

  1. Provide the PWR App and functionalities that you request so that you can be reimbursed for your eligible transactions as described in the ToU. For example, you can choose to receive reimbursements automatically for eligible transactions until your loyalty balance has been depleted by selecting “ON” within the PWR App;
  2. Create and manage your PWR App account, provide our services, and respond to your inquiries;
  3. Provide you with usage notifications about your usage of PWR App;
  4. Display to you redemption promotions provided by participating merchants;
  5. Depending on your loyalty program, you may be able to  view your transaction activity and choose to redeem past eligible purchases on the PWR App;
  6. Communicate with you in connection with the loyalty program, such as about redemption of rewards via push notifications through the PWR App and/or email, so long as you would have voluntarily opted in through Settings of the PWR App or part of your loyalty program to receive such communications;
  7. Operate, evaluate and improve our business (including by developing new products and services; managing our communications; determining the effectiveness of our advertising; analyzing our products, services and websites; facilitating the functionality of our websites; and performing accounting, auditing, billing, reconciliation and collection activities);
  8. Assist third parties in the provision of products or services that you request from third parties;
  9. Monitor the use of and improve our interactive assets, including the PWR App;
  10. Perform data analyses (including anonymization of personal information);
  11. Enforce our ToU above;
  12. Comply with applicable legal requirements and industry standards and our policies; and
  13. Perform auditing, research and analysis in order to maintain, protect and improve our services.

4. Personal Data We Share

We do not sell or otherwise disclose personal data we collect about you, except as described in this Privacy Notice or otherwise disclosed to you at the time the data is collected.

We may share the personal data we collect with our affiliates, service providers, financial institutions that issue your enrolled payment card(s) or merchants that process payment card transactions. We share personal data to perform and/or payment card transactions (including card fraud detection, prevention, redemption and reimbursement). For example, in the course of supplying the PWR App, we may provide an individual’s payment card data to financial institutions about their cardholders' transactions that MasterCard processes and we may also provide personal data to a merchant to facilitate payment card redemption or reimbursement transactions that you request.

We also may share personal data with our service providers who perform services on our behalf. We do not authorize these service providers to use or disclose the data except as necessary to perform certain services on our behalf or comply with legal requirements. We require these service providers by contract to appropriately safeguard the privacy and security of personal data they process on our behalf.

We also may disclose data about you: (i) if we are required to do so by law or legal process, or (ii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.

We also reserve the right to transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this Privacy Notice.

5. Your Rights and Choices

You may have certain rights under applicable law regarding the personal data we maintain about you. We offer you certain choices about what personal data we collect from you, how we use that information, and how we communicate with you.

You may choose not to provide personal data to MasterCard. However, if you do not provide personal data when requested, you may not be able to benefit from the full functionality of the PWR App and/or we may not be able to provide you with relevant information and/or services.

In the Settings section of the PWR App, you may choose to receive communications or alerts from PWR via email and/or push notifications.

If you have questions about your personal data in connection with your loyalty program or would like to withdraw your participation in the loyalty program, please contact your Loyalty Program Provider.

Where required by law, MasterCard obtains your prior opt-in consent at the time of collection for the processing of (i) personal data for marketing purposes and (ii) personal data deemed sensitive pursuant to applicable law.

Subject to applicable law, you may have the right to request access to and receive information about the personal data we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. To update your preferences, ask us to remove your information from our mailing lists, delete your account or submit an access request, please contact us as specified in the “How to Contact Us” section below.

6. How We Protect Personal Data

We maintain appropriate administrative, technical and physical safeguards to protect personal data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the personal data in our possession. We restrict access to personal data about you to those employees who need to know that information to provide products or services to you.  We also take measures to destroy or permanently de-identify personal information when there is no longer a business need to keep the information.

7. Data Transfers

MasterCard is a global business.  To offer our services, we may need to transfer your personal information among several locations, including the United States, where we are headquartered. We comply with applicable legal requirements providing adequate safeguards for the transfer of personal information to locations outside of the European Economic Area or Switzerland.

By downloading the PWR App, you consent to the transfer of your personal data to locations outside of your location of residence, including the United States, whose data protection rules may differ from those in your location of residence.

8. Features and Links to Other Websites

Within the PWR App, you may choose to use certain features for which we partner with other entities or participating merchants, or click on links to other websites for your convenience and information.  These features, which may include social networking and geographic location tools, and other websites, may operate independently from MasterCard.  They may have their own privacy notices or policies, which we strongly suggest you review.  To the extent any features or linked websites you visit are not owned or operated by MasterCard, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites.

9. Updates to Our Privacy Notice

This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal data practices.  We will post a prominent notice on the PWR App to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was most recently updated.

10. How to Contact Us

Subject to applicable law, you may have the right to request access to and receive information about the personal data we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. The right to access personal data may be limited in some circumstances by local law requirements.

When submitting a request to exercise your data protection rights, it must be done in writing and contain and/or enclose the following:

      i.        The name of the data owner and its domicile and/or other means to communicate to the same our response to the request received;

     ii.        The specific indication of the data protection right which you wish to exercise;

    iii.        A clear and precise description of the personal data for which the exercise of any data protection rights is pursued; and

   iv.        If you reside in a location in Latin America, the documents needed to evidence the data owner’s identity or, when applicable its proxy’s identity and legal representation faculties.

To update your preferences, ask us to remove your data from our mailing list or to submit an access request, please e-mail us at:  privacyanddatausage@mastercard.com; or write to us at:

Global Privacy Officer
MasterCard Worldwide
2000 Purchase Street
Purchase, New York 10577
USA

If you are located in the EEA or Switzerland, Mastercard Europe sprl may be the entity responsible for the processing of your personal information.  If you are located in the EEA or Switzerland, you may e-mail us at: privacyanddatausage@mastercard.com; or write to us at:

Global Privacy Officer
Mastercard Europe SA
Chaussée de Tervuren 198A
B-1410 Waterloo
Belgium

For all other inquiries about your MasterCard card and your purchase, you must contact the Loyalty Program Provider. More information about how to contact your Loyalty Program Provider can be found on the Loyalty Program Provider’s website.

For more information on MasterCard’s privacy practices outside of the PWR App, please refer to our Global Privacy Notice available here