Product & Service Fees

As of 16 May 2022, Tribal Credit does not charge any fees for its base level of products or services, nor does it charge interest on those basic accounts as long as repayment is timely. Late fees are incurred when payment is not received by the due date. Certain tiers of products or services require monthly subscriptions and/or other fees. Tribal has the right to amend these philosophies; however, it typically will not do so without providing its current customers sufficient notice, except where such change is necessitated by Tribal's card issuers or third-party service providers or required by law. Please see Tribal's products and services terms and agreements for specific details.

Privacy

Thank you for choosing to be part of our community at Aingel Corp, doing business as Aingel and Tribal Credit (“Aingel”, “Tribal”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our Policy, or our practices with regards to your personal information, please contact us at privacy@tribal.credit or at our registered office 75 E Santa Clara Street, Floor 6, San Jose, CA 95113, USA.

When you visit our websites (e.g., https://www.aingel.ai or https://www.tribal.credit), and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our Privacy Policy. We seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. This Privacy Policy applies to all information collected through our websites (such as https://www.aingel.ai and https://www.tribal.credit), and/or any related services, sales, marketing or events (we refer to them collectively in this Privacy Policy as the "Sites").

If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Sites and our services.

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT WILL HELP YOU MAKE INFORMED DECISIONS ABOUT SHARING YOUR PERSONAL INFORMATION WITH US.

1. DEFINITIONS

Address (email): privacy@tribal.credit

Address (physical): Tribal Credit, 75 E Santa Clara St., Floor 6, San Jose, CA 95113 USA 

Anonymization: use of reasonable technical means available at the time of processing, by which the data loses the possibility of direct or indirect association with an individual.

Anonymized data: data related to a Holder that cannot be identified, considering the use of reasonable technical means available at the time of processing.

Authorization: Prior, express, and informed consent of the Holder to carry out the processing of personal data.

Blocking: temporary suspension of any treatment operation, keeping personal data or the database.

Communication or transmission of data: disclose in any way the personal data to persons other than the Holder, whether determined or indeterminate.

Consent: free, informed, and unequivocal expression by which the Holder accepts the processing of their personal data for a specific purpose.

Data: facts, statistics, details, and information provided or collected or learned about something or someone for reference or use or storage or analysis

Data blocking: the temporary suspension of any stored data processing operation.

Data dissociation procedure: all processing of personal data in such a way that the data obtained cannot be associated with a specific or determinable person.

Data modification: any change in the content of the data stored in records or databases.

Data sharing: communication, dissemination, international transfer, interconnection of personal data or shared treatment of personal data banks by public bodies and entities in compliance with their legal powers, or between them and private entities, reciprocally, with express authorization, for one or more treatment modalities allowed by these public entities, or between private entities.

Database custodian: Natural person, within Tribal, who guards the personal databases.

Database: structured set of data, including personal data, established in one or more places, on electronic or physical support.

Elimination: elimination of data or data sets stored in a database, regardless of the procedure used.

Expired data: which has become out of date by provision of the law, due to the fulfillment of the condition or the expiration of the period indicated for its validity or, if there is no express rule, due to the change in the facts or circumstances indicated.

Habeas data: It is the right of the Holder of the personal data to demand from the database custodian access, inclusion, exclusion, correction, addition, updating and rectification of the data, as well as the limitation in its disclosure, publication, or transfer.

Holder: The person who owns the personal data that is subject to treatment.

Impact report on the protection of personal data: documentation of the database custodian that contains the description of the personal data processing processes that may generate risks to civil liberties and fundamental rights, as well as measures, safeguards, and risk mitigation mechanisms.

International data transfer: transfer of personal data to a foreign country or international organization of which the country is a member.

Legislation: European Union’s (EU) General Data Protection Regulation, Canada Personal Information Protection and Electronic Documents Act (PIPEDA), US Electronic Communications Privacy Act (ECPA), California Civil Code Section 1798.83, also known as the “Shine The Light” law, or the California Consumer Privacy Act of 2018, Colombian regulation, Law 1581 of 2012, Decree 1074 of 2015, Law 962 2005 and Law 1480 from 2011, Brazilian Regulation, Law 13,709 in relation to Law 13,853, Chilean Regulation, Law 19628, Peruvian Regulation, Law 29733 and Law 27444.

Operator: a person, under public or private law, who processes personal data on behalf of the person responsible for the treatment.

Owner of personal data: Natural person whose data is subject to treatment (Holders). In the context of this Policy, the Holders may be: (i) Customers; (ii) Suppliers; and (iii) all those persons not related to Tribal whose personal data is processed.

Person: a natural person or legal person.

Person in charge of the treatment: Person of a public or private nature that by itself or in association with others, carries out the processing of personal data on behalf of the database custodian.

Personal data: Any data concerning or linked to specific or determinable natural persons.

Personal database: Organized set of personal data that are subject to treatment by a person.

Privacy notice: Verbal or written communication addressed to the Holders of the personal data that are being processed by a company, in which they are informed about the existence of the personal data treatment policies that will be applied to them, the form of access them, and the purposes for which the Holders personal data will be used.

Private data: It is that personal data that, due to its intimate or reserved nature, is relevant for the Holder.

Public data: Personal data classified as such according to the Constitution and/or the law, and that has not been classified as private or semi-private personal data.

Research body: body or entity of direct or indirect public administration or non-profit private law legal person, legally constituted under Brazilian law, with headquarters and jurisdiction in the country, which includes in its institutional mission or in its corporate purpose or basic or applied regulatory research of a historical, scientific, technological, or statistical nature; and (Wording given by Law No. 13,853, of 2019)

Responsible for the treatment: Person of a public or private nature that by itself or in association with another or others decides on the processing of personal data. In this case, Tribal will be responsible for the treatment.

Semi-private data: It is that personal data known and of interest both for the Holder and for a certain sector of person or for society in general, so it is not of an intimate, reserved, or public nature.

Sensitive data: Personal data that affects the privacy of the Holder and whose incorrect use could generate discrimination. Sensitive data, among others, are considered health data, data on sexual orientation, racial and ethnic origin, political opinions, religious, philosophical, or moral convictions.

Sources accessible to the public: records, or compilations of personal data, public or private, with unrestricted access or reserved for applicants.

Statistical data: the data that, in its origin, or because of its treatment, cannot be associated with an identified or identifiable owner.

Transfer: The transfer of personal data takes place when the database custodian and / or person in charge of the treatment of personal data sends the data or personal data to a recipient, who in turn is responsible for the treatment and is inside or outside the country.

Transmission: Processing of personal data that implies communication to a third party, within or outside the territory of the country, when said communication is intended to carry out a treatment by the person in charge on behalf of and on behalf of the database custodian, for fulfill the purposes of the latter.

Treatment: Any operation or set of operations on personal data, such as the collection, storage, use, circulation, or deletion.

Ways to collect personal data: Tribal may know, collect, store, manage the data of the Holder of the data in accordance with the data use policy contained herein through the following means: 

(i) mobile application; (ii) website or mobile application (iii) contract, alliance and / or agreement with Tribal and (iv) Tribal's Provider.

2. PRINCIPLES FOR THE PROCESSING OF PERSONAL DATA OF DATA PROTECTION

As established in legislation, the protection of personal data will be governed by the harmonious and comprehensive application of the following principles:

  • Principle of legality in the processing of personal data: The processing of personal data referred to in legislation is a regulated activity that must be subject to what is established therein and the other provisions that develop it.
  • Principle of adequacy: compatibility of the treatment with the purposes informed to the owner, according to the context of the treatment.
  • Principle of necessity: limitation of the treatment to the minimum necessary for the achievement of its purposes, with the scope of the pertinent, proportional, and not excessive data in relation to the purposes of the data processing.
  • Principle of prevention: adoption of measures to prevent the occurrence of damages due to the processing of personal data.
  • Principle of non-discrimination: impossibility of carrying out the treatment for discriminatory illicit or abusive purposes.
  • Principle of accountability: demonstration, by the agent, of the adoption of effective measures capable of proving the observance and compliance with the personal data protection regulations, and even the effectiveness of these measures.
  • Principle of purpose: The processing of personal data must obey a legitimate purpose in accordance with the Constitution and the law, which must be informed to the Holder.
  • Principle of freedom: The processing of personal data can only be exercised with the prior, express, and informed consent of the Holder. Personal data may not be obtained or disclosed without prior authorization, or in the absence of a legal or judicial mandate that relieves consent.
  • Principle of truthfulness or quality: The data subject to treatment must be truthful, complete, exact, updated, verifiable and understandable. Processing of partial, incomplete, fractional, or misleading data is prohibited.
  • Principle of transparency: In the Processing of personal data, the right of the Holder to obtain from the person responsible for the treatment or the Person in charge of the treatment, at any time and without restrictions, information about the existence of data that concerns him must be guaranteed.
  • Security principle: The data subject to treatment by the person in charge of the Treatment or Person in charge of the treatment referred to in legislation, must be managed with the technical, human, and administrative measures that are necessary to provide security to the records avoiding its adulteration, loss, consultation, use or unauthorized or fraudulent access.
  • Principle of confidentiality: All persons who intervene in the processing of personal data that are not public in nature are obliged to guarantee the reservation of the data, even after the end of their relationship with any of the tasks that comprise the treatment, being able only carry out supply or communication of personal data when this corresponds to the development of the activities authorized in legislation and in the terms of the same.
  • Principle of access and restricted circulation: The treatment is subject to the limits that derive from the nature of the personal data, the provisions of legislation and the Constitution. In this sense, the treatment can only be done by persons authorized by the Holder and / or by the persons provided for in the law.
  • Principle of proportionality: All processing of personal data must be adequate, relevant, and not excessive for the purpose for which they were collected.
  • Principle of adequate level of protection: For the cross-border flow of personal data, a sufficient level of protection must be guaranteed for the personal data to be processed or, at least, comparable to that provided by Law or by international standards on the matter.

3. HOW WE COLLECT THE DATA

The personal data we collect depends on the context of your interactions with us and our Sites, the choices you make, and the products and features you use. 

The personal data we collect may include the following:

By automatically storing the data of the users who access the Tribal platform using cookies. Some of the data that can be stored automatically are the URL, the browser used, IP address among others.

  • By exchanging emails.
  • Through access to Tribal’s web pages.
  • Through access to the mobile application, creating the username and password.
  • Through telephone calls.
  • Through events held by Tribal.
  • Through the transmission or transfer by strategic allies.
  • Through forms.
  • Through service offers.
  • Through the cooperation contract.
  • Through the service provision contract.
  • Through service portfolios.
  • Through meetings, regardless of the medium used (in person, video conference, telephone, etc.).

4. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information when you visit our Sites, that you provide to us through forms, or when you communicate with us.

The personal information that we collect depends on the context of your interactions with us and our Sites, the choices you make, and the products and features you use. The personal information we collect can include the following:

 Personal data category  Data requested and/or obtained
 Identifying Data  name — any combination of given, middle, and surname(s)
 tax identification number (e.g., RFC or Social Security Number)
 CURP &/or CIF &/or CIEC &/or proof of tax situation
 photo identification (e.g., passport, driver’s license, INE)
 e-signature / FIEL (e.firma)
 location data (e.g., residential address, work address)
 date of birth, birthplace
 contact details  email address(es)

telephone number(s)

 employment data    employer’s name

employer’s economic activity

 title at employer, employment details
 employer’s details, including financial data, location(s), size, tax data, and contact details

academic data

not applicable (N/A)

sensitive data

N/A

biometric data

government-issued photo identification

liveness video(s)

credentials

user ID(s)

password(s)

password hint(s)

authentication data

account access data

Data automatically collected 

In Short: Some data – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Sites.

We automatically collect certain data when you visit, use, or navigate our Sites. This data does not reveal your specific identity (like your name or contact data) but may include device and usage data, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, data about how and when you use our Sites and other technical data. In some countries and/or regions, this data is considered personal data under applicable data protection and/or privacy laws or regulations. Like many businesses, we also collect data about how your device has interacted with our Sites, including the pages and products and services accessed, time spent on Sites, and links clicked through cookies and similar technologies. This data is primarily needed to maintain the security and operation of our Sites, your account security, anti-fraud measures, and for our internal analytics and reporting purposes.

 Data collected from other sources 

In Short:  We may collect data from public databases, marketing partners, social media platforms, and other outside sources to the extent permitted by applicable laws.   

We may obtain data about you from other legally permissible sources, such as public databases, governmental databases, joint marketing partners, social media platforms, as well as from other third parties. Examples of the data we receive from other sources include: profile data (your name, gender, birthday, email, current city, state and/or country, user identification numbers for your contacts, profile pictures, URL, employer, employer’s address, employment title, employment contact data, social media followers, business’ size and status, and any other data that you choose to make public or accessible); marketing leads, search results, and links, including paid listings (such as sponsored links).  

5. HOW DO WE USE YOUR DATA?  

In Short: The legal bases for using your data are legitimate business interests, the fulfillment of a contract with you, compliance with our legal obligations, and/or your consent.

We use data collected via our Sites or from outside sources for a variety of business purposes that are legally permissible as described below. We process your data for the following purposes — our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on for each purpose listed below.  

We use the data we collect or receive to:  

The personal data that Tribal collects are included in a database to which the authorized personnel of Tribal have access in the exercise of their functions, noting that in no case is the processing of the data authorized for purposes other than those described herein, and they are communicated to the Holder directly at the latest at the time of collection.

Principal purposes of treatment

  • Facilitate account creation and logon processes. If you choose to link your third-party account (such as your LinkedIn or SAT account), we use the data you allowed us to collect from those third parties to facilitate and/or expedite account creation and logon processes. See Section 6. HOW WE HANDLE YOUR THIRD-PARTY ACCOUNT LOGINS below for further details.
  • Send marketing and promotional communications. We and/or our third-party marketing partners may use the data you give to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time.
  • Send administrative information. We may use your data to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies.
  • Fulfill and manage requests. We may use your data to fulfill and manage your requests, payments, returns, and exchanges made through our Sites.
  • Post testimonials. We post testimonials on our Sites that may contain your data. Prior to posting a testimonial, we will obtain your consent to use your data. If you wish to update or delete your testimonial, please contact us at privacy@tribal.credit and be sure to include your name, testimonial location, and contact information.
  • Deliver targeted advertising. We may use your data to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
  • Request feedback. We may use your data to request feedback and to contact you about your use of our Sites.
  • Protect our Sites. We may use your data as part of our efforts to keep our Sites safe and secure (e.g., for fraud monitoring and fraud prevention).
  • Enforce our agreements, contracts, terms, conditions, and policies.
  • Respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  • Fulfill other business purposes. We may use your data for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Sites, products, services, marketing, and user experience.

Secondary purpose of treatment:

  • Collect or collect personal data and incorporate and store them in our database.
  • Sort, catalog, classify, divide, or separate the data provided.
  • Use the data provided in communication, disclosure and promotion campaigns or offer of products, activities and / or services developed as part of Tribal's internal strategies.
  • Maintained in historical records of Tribal and maintain contact with the Holders.
  • Verify or validate the data provided.
  • Study and analyze the data provided to monitor and improve products, service, and care.
  • Deliver the data collected to third parties with whom Tribal contracts the storage and / or administration of personal data, under the security and confidentiality standards to which Tribal is bound according to what is contained in the pertinent laws.
  • Transfer personal data to any country or server in another country.
  • Communicate and allow access to personal data provided to third party providers of general support services and to natural or legal persons shareholders of Tribal.
  • Collect, have, manage, and use the data to control and prevent fraud, control, and prevent money laundering and financing of terrorism.
  • Realization, execution, and management of business proposals and contracts for the services provided.
  • Sending communications through any channel including, but not limited to, social networks, text messages, push notifications, email, phone call, etc., related to Tribal's corporate purpose such as marketing activities and / or any request made by the owner to Tribal, among others.
  • Provide the services offered and / or contracted adequately and with excellent quality.
  • Creation and administration of the customer’s account.
  • Provide the maintenance, development and / or control of the commercial relationship between the user and Tribal.
  • Provide users with the necessary information, through the website and / or mobile application, on the products of the bidders, to formalize the relationship of consumption of said products.
  • Carry out processes within Tribal, for operational development and / or systems administration purposes.
  • Provide the services of Tribal and carry out follow-up according to the needs of the customer, to provide the appropriate services and products to cover their specific needs.
  • Keep a historical record of the data, for the purposes of user satisfaction, developing analysis of interests and needs; thus, providing better service.
  • Carry out market strategies by studying user behavior towards offers and thereby improve content, personalizing presentations and services.
  • Preparation of commercial prospects and market segmentation.
  • Carry out satisfaction surveys and offer or recognition of benefits inherent to our loyalty program and after-sales service, to rate the service and attention through the channels provided for it.
  • Carry out the activities necessary to manage the requests, complaints and claims of the users of the customer or third parties; and direct them to the areas responsible for issuing the corresponding responses.
  • Present reports to the authorities and process the requirements made by administrative or judicial entities.
  • Accounting, economic, tax and administrative management of customers.
  • Conservation of data by the terms established in the Law.
  • Transfer or transmission of personal data nationally or internationally to third parties with whom Tribal develops activities in compliance with its corporate purpose. Likewise, transmission or transfer may be made to Tribal’s strategic allies to carry out marketing, advertising and promotional activities associated with the corporate purpose.
  • Send data to the data processors to facilitate and improve the quality of Tribal's products and services.
  • Request the authorization of collection from the entities defined and authorized to do so.
  • Transfer and transmit your personal data to third-party commercial partners of Tribal that offer their products and services on the Tribal Platform to make efficient contact between the Holder and the commercial partner, in the terms of the legislation.
  • Access and consult your personal data in the credit and financial data centers, collect relevant data on credit behavior, and preserve, store, and use personal data to send commercial and advertising guidelines, and to contact in relation to matters of the Tribal business activity. It is clarified that this purpose corresponds to those users who expressly accept the financial services offered.
  • Request or carry out consultancies, audits, or related services.
  • Comply with the internal processes of Tribal in matters of administration.
  • Advance processes within Tribal, for operational development and / or systems administration purposes.
  • Make tax declarations or management of tax and collection data.
  • Carry out, in accordance with the law, reports to credit bureaus for non-compliance with financial obligations derived from the business relationships.
  • Carry out operations and procedures related to the generation and payment of invoices, issuance of certifications, accounting, etc.
  • Compliance with legal duties and obligations.

For other purposes or treatment, prior, express, and informed authorization will be requested from the Holder.

6. WILL YOUR DATA BE SHARED WITH ANYONE?  

In Short:  We only share data with your consent, to comply with laws and legal obligations, to protect your rights, or to fulfill contracts and other business obligations.   

We may process or share data based on the following legal bases:

  • Consent: We may process your data if you have given us consent to use your data in a specific purpose.


  • Legitimate business interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests. 


  • Performance of a contract: Where we have entered into a contract with you, we may process your data to fulfill the terms of that contract. 


  • Legal obligations: We may disclose your data where we are legally required to do so in order to comply with applicable law, governmental requests, regulatory requests, a judicial proceeding, court order, or other legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements). 


  • Anonymized: We may disclose your data if it is anonymized. Meaning subjecting it to a procedure whereby personal data is decoupled from the data subject rendering the data shared incapable of being used or combined to identify the data subject.


  • Vital interests: We may disclose your data where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our agreements, contracts, policies, applicable laws and rules and regulations, suspected fraud, situations involving potential threats to the health or safety of any person, illegal activities, or as evidence in litigation in which we are involved.

We may also need to process and/or share your data in the following situations:   

  • Vendors, consultants, and other third-party service providers. We may share your data with vendors, third-party service providers, contractors, or agents who perform services for us or on our behalf and require access to such data to do that work. Examples include account onboarding, identity verification, legal requirements and legal obligations, payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how you access and interact with the Sites over time. This data may be used to, among other things, analyze and track data, fraud prevention, determine the popularity of certain content, or better understand online activity. Unless described in this Policy, we do not share, sell, rent, or trade any of your data with third parties for their promotional purposes.    
  • Business transfers. We may share or transfer your data in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Business partners. We may share your data with our business partners in order to offer you certain products, services, or promotions.

Tribal may share the information of the personal data with those third parties that are necessary for the development of its activities and corporate purpose, always protecting the rights and data of the data owner. The transmission or transfer of personal data that is carried out will observe the rules that the applicable regulations and the supervisory authority provide for this purpose.

In the case of national transmissions or transfers of personal data, Tribal will ensure compliance with the requirements of current data protection legislation and protection measures by the person in charge or new controller.

If it is an international transfer, we make sure that the country that receives the personal data provides adequate levels of protection.

When the receiving country does not comply with the appropriate data protection standards, the transmission or transfer will be prohibited unless one of the following legal exceptions is configured:

  • That the Holder has given express and unequivocal authorization for the transfer or transmission of data.
  • Exchange of medical data when required by the Holder's treatment for health and public hygiene reasons.
  • Bank or stock transfers, in accordance with the applicable legislation.
  • Transfers agreed in the framework of international treaties to which Colombia is a party, based on the principle of reciprocity.
  • Transfers necessary for the execution of a contract between the Holder and the person responsible for the treatment, or the execution of pre-contractual measures if there is authorization from the Holder.

Please note that our servers are in the US, so maybe they are located outside of the country in which we collected the data. This means that your personal data may be transferred to and processed in countries other than the country in which you reside. Data protection laws may be different in these countries than in your own country and, in some cases, may be less protective. Please be assured that we take appropriate steps to ensure that your personal data is protected in accordance with this Policy.

7. WITH WHOM WILL YOUR DATA BE SHARED?  

In Short: We only share data with the following categories of recipients:

  • Our own group of companies, third-party service providers, product content providers, and partners;
  • Law enforcement bodies, regulators, governmental agencies, courts and tribunals, legal proceedings, or other regulatory or governmental entities with relevant powers; and
  • Any other third parties in which you have provided specific consent.


8. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?  

In Short: We may use cookies and other tracking technologies to collect and store your data.  

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store data. Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements that are used to remember your browser and/or device during and across website visits. Cookies are widely used by website owners to make their websites more efficient, as well as to provide reporting data. Pixels, which are also called web beacons, are small blocks of code installed on, or called by, a web page, app, or advertisement which can retrieve certain data about your device and browser, including the device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, advertising identifiers, location, and other similar data that uniquely identifies your device. Pixels enable the ability to recognize when someone has visited a website or opened an email and allows monitoring the traffic patterns of users within websites, delivery or communication with cookies, determining whether a user has come to a website from an online advertisement displayed on a third-party website, to improve website performance, to measure the success of email marketing campaigns, and to set and read browser cookies from third-party domains and collect data about visitors to that domain, typically with the permission of the domain owner. 

Can you control cookies?

In Short: Yes, in certain jurisdictions, such as Mexico, the EU, and California, data subjects may have the right to choose whether or not to accept cookies and/or pixels. Cookies and pixels may be an important part of how our Sites work. You should be aware that if you choose to refuse or remove cookies and/or pixels, this could affect your ability to access and use our Sites.

Most web browsers are configured to accept cookies and/or pixels by default. You can generally configure your browser to remove or reject browser cookies and/or pixels. If interested, follow the instructions provided by your browser, which are usually located in the “help” or “preferences” menu. Some third parties also provide the ability to refuse their cookies and/or pixels directly by clicking on an opt-out link.

Please be aware that removing or rejecting browser cookies or pixels does not necessarily affect third-party cookies or pixels. For more information about cookies, including how to see which cookies have been set on your device and how to manage or delete them, visit https://youronlinechoices.com/, or https://www.youronlinechoices.eu for EU visitors.

For mobile users, your device’s operating system provides controls that enable you to choose whether or not to allow cookies or share your unique identifier with companies like us or our third-party providers. For information on controlling your mobile choices, visit https://www.networkadvertising.org/mobile-choices.

To help control or block certain ads in mobile applications, you can download and utilize the DAA mobile app, which is available at https://youronlinechoices.com/appchoices

In addition, many advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, visit http://www.aboutads.info/choices/.

Can you control Do-Not-Track features?

In Short: Yes, most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (DNT) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.

No uniform technology standard for recognizing and implementing DNT signals has been finalized, however. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Policy.

9. HOW DO WE HANDLE YOUR THIRD-PARTY ACCOUNT LOGINS?  

In Short:  If you choose to share access to your social media accounts and/or other third-party accounts, we may have access to certain data about you.  

Our Sites may offer you the ability to share access to your third-party social media account details (like your Facebook or LinkedIn logins) and/or other third-party accounts (like your SAT CIEC or FIEL (e.firma) login or Shopify login). Where you choose to do this, the providers will send us certain profile data about you, not access into your account. The profile data we receive will vary depending on the provider, but will often include your name, date of birth, email address, friends list, profile picture, as well as other data you choose to make public and/or is contained within that account.

We will use the data we receive only for the purposes that are described in this Policy or that are otherwise made clear to you on our Sites. Please note that we do not control, and are not responsible for, other uses of your data by your third-party social media providers or other third-party accounts. We recommend that you review their respective privacy policy to understand how they collect, use and share your data, and how you can set your privacy preferences on their sites and apps.        

10. HOW LONG AND WHERE DO WE KEEP YOUR DATA?  

In Short:  We only keep your data, which are stored on servers located in the United States, for as long as necessary to fulfill the purposes outlined in this Privacy Policy. Our retention requirements vary, depending on jurisdictional requirements.  

We will only keep your data for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). 

When we have no ongoing legal requirements or legitimate business need to process your data, we will either delete or anonymize it, or, if this is not possible (for example, because your data has been stored in backup archives), then we will securely store your data and isolate it from any further processing until deletion is possible.

Our servers are in the USA, which may be located outside the country in which we collected the data. Our group companies, third-party service providers, and partners, with whom we may share your data as outlined in this Policy, are located in and transfer data to various jurisdictions around the world. This means that your data may be transferred and processed in countries other than the country in which you reside. The data protection laws may be different in these countries versus your own country and, in some cases, may be less protective. Be assured, we take appropriate measures to ensure that your data is protected in accordance with this Policy.

For further information about retention time periods or international data transfers, contact us at privacy@tribal.credit.

11. HOW DO WE KEEP YOUR DATA SAFE?   

In Short:  We aim to protect your data through a system of organizational and technical security measures.  

We have implemented appropriate technical and organizational security measures designed to protect the security of any data we collect and process, which are designed to provide a level of security appropriate to the level of risk presented; however, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your data, transmission of data to and from our Sites is at your own risk. You should only access our Sites within a secure environment. 

12. DO WE COLLECT DATA FROM MINORS?  

In Short:  We do not knowingly collect data from or market to individuals under 18 years of age.  

We do not knowingly solicit data from, or market to, individuals under 18 years of age. By using our Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to you minor’s use of the Sites. If we learn that data from users less than 18 years of age has been collected without authorization from the parent or guardian, we will deactivate the minor’s access and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from individuals under age 18, please contact us at privacy@tribal.credit.  

13. WHAT ARE YOUR DATA PRIVACY & PROTECTION RIGHTS?  

In Short:  Depending on your domicile, you may have certain data rights to learn more about your rights or to exercise any of your rights please be so kind as to consult the information referred to in sections 14 to 21 or contact our Privacy team through the comunications methods provided in Section 23.

In certain locations you may be a data subject and have some of the following data rights, which can be exercised through the comunications methods provided in Section 23:

  • Right of access. You may have the right to access and receive copies of your data we hold and receive details about how and why we use your data. 
  • Right to request proof of the authorization granted for the treatment. You may request the person in charge to allow you to know about the record where the consent you granted for the processing of your personal data is recorded.
  • Right of portability. You may have a right to obtain your data for your own purposes, including so that you can provide or “port” that data elsewhere.
  • Right of erasure. You may have the right to request us to delete the data we hold about you. We may also pass your requests on to other third parties to which we have shared your data. 
  • Right to exercise your rights without discrimination. You may have the right to exercise these rights without being discriminated against.
  • Right to file a complaint. You may have the right to complain to your applicable data protection authority about our collection and use of your data.
  • Right to not participate.  If you do not agree with us collecting your data, you can inform us of your choice not to participate.
  • Right to opt-out and/or revoke. You may have the right to revoke your consent to us collecting and/or processing your data and/or stop marketing communications and/or opt-out of participating and receiving future marketing communications, even if our reasons are based on legitimate business interests. You may also have the right to opt out of other processing activities. For email marketing communications, where applicable, click on the “unsubscribe” link found in those emails. To opt-out of other activities, you may note your preferences when going through the registration process or by accessing your account and updating your preferences.
  • Right to correct. You may have the right to have us correct any inaccurate or incomplete personal data.
  • Right to restrict. In certain circumstances you may be able to request that we restrict collecting and/or processing your data. Contact us to learn more about the circumstances in which this right exists at privacy@tribal.credit.
  • Right to appoint others. Certain locations permit you to appoint someone else to act on your behalf. Typically, this is done through a document such as a power of attorney. If your domicile allows this, please understand that we will require this appointed person to provide proof of such appointment, which may include you verifying your identity directly with us and/or our third-party identity verification partner.
  • Right to confidentiality. You have the right to have your personal data protected in a manner appropriate to its degree of confidentiality.
  • Right to anonymization, blocking or deletion of unnecessary, excessive, or processed data in contravention of the provisions of the Legislation.
  • Right to be obtained from the person responsible for the treatment, in relation to the data of the owner processed by him, at any time and upon request, the confirmation of the existence of treatment.
Updating or editing account data or closing an account

You can review or change the data pertaining to you in your account by logging into your account and updating your user data. 

If you close your account with us, we will deactivate your account and certain data from our active databases; however, some data will be retained in our systems to prevent fraud, troubleshoot problems, assist with any investigations, enforce our contracts and agreements and policies and procedures, and/or comply with legal requirements.        

14. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?  

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal data.   

California Civil Code Section 1798.83, also known as the “Shine The Light” law, or the California Consumer Privacy Act of 2018 (SB-1121), may permit our customers who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal data (if any) we disclosed to third-parties for direct marketing purposes and the names and addresses of all third-parties with which we shared such personal data in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided. 

If you are under 18 years of age, reside in California, and have a user account with our Sites, you may have the right to request removal of unwanted data. To request removal of such data, please contact us using the comunications methods provided in Section and include the email address associated with your account and a statement that you reside in California. We will make sure your data is not publicly displayed on our Sites, but please be aware that your data may not be completely or comprehensively removed from our systems due to legal and/or other requirements.

15. DO MEXICAN RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of Mexico, you are granted specific rights regarding access to your personal data.   

Mexico’s Regulations to the Federal Law on the Protection of Personal Data Held by Private Parties sets forth the rights of Mexican residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations via the hyperlink above. If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.

At any time, you can exercise the rights enumerated therein (your ARCO rights) by sending such a request through the comunications methods provided in Section 23. Your request must contain (i) your full name (given, middle, and surname(s)) and contact information (email address, phone number, and/or residential address), (ii) documentary evidence that proves your identity (or we may require you to verify your identity with our third-party identity verification partner), or the items outlined in the second to last bullet point of Section 13 Right to appoint others, (iii) a clear description of the right(s) you wish to exercise, (iv) any other evidence or details that support your request, and (v) if you’re seeking the Right to correct, evidence that supports your request.

16. DO EU RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of the EU, you are granted specific rights regarding access to your personal data.   

The European Commission’s General Data Protection Regulation (GDPR) sets forth the rights of EU residents regarding their personal data held by others, such as Tribal. To understand your rights, please review the information provided via the hyperlink above. If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.

17. DO CANADIAN RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of Canada, you are granted specific rights regarding access to your personal data.  

The Personal Information Protection and Electronic Documents Act (PIPEDA) sets forth the rights of Canadian residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations in this link  https://laws-lois.justice.gc.ca/eng/acts/P-8.6/. If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.

18. DO COLOMBIAN RESIDENTS HAVE SPECIFIC DATA RIGHTS?

In Short: Yes, if you are a resident of Colombia, you are granted specific rights regarding access to your personal data.  

Colombian regulation, Law 1581 of 2012, Decree 1074 of 2015, Law 962 2005 and Law 1480 from 2011 sets forth the rights of Colombian residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations in this link  https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=49981.

If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.

19. DO BRAZIL RESIDENTS HAVE SPECIFIC DATA RIGHTS?

In Short: Yes, if you are a resident of Brazil, you are granted specific rights regarding access to your personal data.  

Brazilian regulation, Law 1581 of 2012, Decree 1074 of 2015, Law 962 2005 and Law 1480 from 2011 sets forth the rights of Brazilian residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations in this link  http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/lei/L13709compilado.htm

If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.

20. DO CHILEAN RESIDENTS HAVE SPECIFIC DATA RIGHTS?

In Short: Yes, if you are a resident of Chile, you are granted specific rights regarding access to your personal data.  

Chilean regulation, Law 19628 sets forth the rights of Chilean residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations in this link https://www.bcn.cl/leychile/navegar?idNorma=141599

If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.

21. DO PERUVIAN RESIDENTS HAVE SPECIFIC DATA RIGHTS?

In Short: Yes, if you are a resident of Peru, you are granted specific rights regarding access to your personal data.  

Peruvian regulation, Law 29733 and Law 27444 sets forth the rights of Peruvian  residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations in this link https://www.minjus.gob.pe/wp-content/uploads/2013/04/LEY-29733.pdf and http://www.pcm.gob.pe/wp-content/uploads/2013/09/Ley-de-Procedimiento-Administrativo-de-PersonalLey27444.pdf

If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.

22. DO WE MAKE UPDATES OR MODIFICATE TO THIS POLICY?  

In Short: Yes, we update this Policy as necessary to stay compliant with relevant laws.  

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information. 

Also, Tribal has the right to modify this Privacy Policy. In case of making modifications to this Privacy Policy, we will inform you by email if we have your email address. 

23. HOW CAN YOU CONTACT US ABOUT THIS POLICY?  

Regarding the exercise of your personal data protection rights as Holder (their successors, legal representatives and / or proxies (collectively referred to as the “Holder”) Tribal will enable access channels for the Holders. 

All communications, queries, complaints and / or claims must be directed to Tribal by any of the following means:

Electronic attention: The Holder may make a request to the following email: privacy@tribal.credit.

Written attention: The Holder may make a request to the following address of our registered office at: 75 E Santa Clara Street, Floor 6, San Jose, CA 95113, USA.

If you have questions or comments about this Policy, you may contact our Chief Legal Officer, Mark Graves, who is the head of our Privacy team by email to the address already provided.

24. DO WE TREAT SENSITIVE PERSONAL DATA?

Tribal will not collect, store, or process sensitive data, unless strictly necessary. If such a situation arises, it will not carry out any treatment without the due prior, informed and express authorization of the Holder of the information, and only in the following cases:

When the owner or his legal guardian consents, specifically and prominently, for specific purposes.

Without giving the consent of the owner, in cases where it is essential:

  1. compliance with a legal or regulatory obligation by the data controller.
  2. shared treatment of the data necessary for the execution, by the public administration, of the public policies established in the laws or regulations.
  3. carry out studies by a research body, ensuring, whenever possible, the anonymity of sensitive personal data.
  4. regular exercise of rights, including in contracts and in judicial, administrative and arbitration processes.
  5. protection of the life or physical safety of the owner or a third party.
  6. health protection, exclusively, in a procedure performed by health professionals, health services or health authorities.
  7. guarantee of fraud prevention and security of the Holder, in the processes of identification and authentication of the record in electronic systems, safeguarding the rights referred to in the Legislation and except in the case in which the fundamental rights and freedoms of the Holder prevail. require the protection of personal data.
  8. When the treatment is necessary to safeguard the vital interest of the Holder and he is physically or legally incapacitated.
  9. When an anonymization or disassociation procedure has been applied.
  10. When there is a norm for the promotion of competition in regulated markets issued in the exercise of the normative function by the regulatory bodies referred to in Peruvian Law 27332, Framework Law of the Regulatory Bodies of Private Investment in Public Services, or the to take its place, provided that the information provided is not used to the detriment of the user's privacy.
  11. When the treatment is carried out during legitimate activities and with the due guarantees by a foundation, NGO, association or any other non-profit organization, whose purpose is political, philosophical, religious, or union, provided that refer exclusively to their members or to people who maintain regular contacts by reason of their purpose, in which cases, the data may not be provided to third parties without the authorization of the Holder.
  12. When the treatment refers to data that are necessary for the recognition, exercise, or defense of a right in a judicial process.
  13. When the treatment has a historical, statistical, or scientific purpose. In this event, the measures leading to the suppression of the identity of the Holders must be adopted.

The answers to the questions about sensitive data are optional, therefore, they will not be mandatory. In any case, Tribal will strictly observe the legal limitations on the processing of sensitive data. Tribal, will not condition, in any case, any activity to the delivery of sensitive data. Sensitive data will be treated with the greatest possible diligence and with the highest security standards. Limited access to sensitive data will be a guiding principle to safeguard the Holder’s privacy and, therefore, only authorized personnel may have access to this type of data.

Sensitive data may not be processed for purposes other than those expressly authorized by the Holder.

25. HOW WE TREAT THE PERSONAL DATA OF OUR EMPLOYEES

Tribal is responsible for the treatment of the personal data that you provide from your selection process, recruitment and, where appropriate, if the selection process is successful, when the employment relationship begins and until it concludes, regardless of the cause. The personal data collected will be processed in order to integrate the file as a candidate or employee at the service of Tribal, prove your identity, location, carry out selection and recruitment, administrative and tax procedures, cover the job profile, pay salaries and benefits, assign and verify travel expenses and national and international tickets, integrate billing, be insured on the Social Security or other similar governmental obligations or benefits and designate beneficiaries in terms of the Labor Law, receive all kinds of legal and extra-legal benefits, control attendance and grant benefits of social security, economic, in-kind and health benefits; and schedule training actions. It is made known to you that Tribal, in addition to the transfers that you make and that do not require your consent, may carry out the transfer of your personal data for the legal purposes that may arise due to the selection and recruitment process to which you are subjected or the individual employment relationship once you have signed the respective agreement; For all extraordinary transfers we will require your consent, therefore, if you do not want your personal data to be transferred for any or all of the purposes indicated, from this moment you can communicate the above, omitting the electronic signature of this notice or using the comunications methods provided in Section 23; however, please understand that your refusal to allow such transfers shall also mean that Tribal will be incapable of hiring you or continuing to keep you as an employee depending on the timing of your notification to Tribal. TO BE CLEAR: if you notify Tribal that you do not want your personal data to be transferred while employed by Tribal, this shall be considered as your written voluntary resignation notification from your employment with Tribal. If you do not express your refusal for said transfers, we will understand that you have given us such consent.

Likewise, at any time you can exercise your data protections rights contact our Privacy team through the comunications methods provided in Section 23.

Card Agreement

TRIBAL CARD PROGRAM AGREEMENT

These Tribal Card Program Terms and Conditions (these “Terms”) represent an agreement between each Business Account Owner and Bank that governs the Tribal Card Program (each term as defined below).  

Business Account Owner shall be responsible for notifying the Business Administrator and Authorized Users of their authority and obligations under these Terms and for ensuring that the Business Administrator and each Authorized User complies with these Terms. Each Authorized User must accept these Terms in order to receive and use the Card.

IMPORTANT: These Terms include resolution of disputes by arbitration instead of in court and class action waiver. PLEASE READ CAREFULLY.

  1. DEFINITIONS

“Access Information” means collectively a PIN, online user name, password, challenge questions, and any other security information used to access a Business Account or Card Account.

“Authorized User” means any designated person authorized by the Business Administrator to use the Card on Business Account Owner’s behalf.

“Bank” means Sutton Bank, member Federal Deposit Insurance Corporation (“FDIC”).

“Business Account” means the records we maintain to account for the value for the funds available for associating with Cards issued at Business Account Owner’s or any Business Administrator’s request and the Card Accounts for such Cards.  

“Business Account Owner” or “You” or “Your” means the entity that has qualified for and established a Business Account and one or more Card Account(s) (see Section 5.2 - Qualifying For and Establishing Business Account and Card Accounts).

“Business Administrator” means any designated person authorized by the Business Account Owner to administer the Business Account and associated Card Account(s) and/or act on Business Account Owner’s behalf in connection with these Terms, including without limitation designating Authorized Users, funding Card Accounts, and setting Card Account limitations (see Section 5.6 – Limitations).

“Card” means the Visa-branded Tribal Card issued by Bank through which any Authorized Users can obtain Funds in the Card Account. Card is a physical or a virtual card embossed with a 16-digit number. Each reference to “Card” also shall include all “Cards” provided to Authorized Users.

“Card Account” means a sub-account of the Business Account and the records maintained by Bank for each Card associated with the Business Account that is requested by the Business Account Owner or any Business Administrator.  

“Principal Owner” means (1) each individual, if any, who, directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise, owns 25 percent or more of the equity interests of the legal entity and (2) one individual with significant responsibility for managing the legal entity listed above, such as an executive officer or senior manager (e.g., Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Managing Member, General Partner, President, Vice President, Treasurer); or any other individual who regularly performs similar functions.

“Tribal” refers to Aingel Corp., d/b/a Tribal Credit, a U.S. corporation that services the Program and hosts the Website, as part of its business of assisting Business Account Owner in managing corporate expenses, and its successors, affiliates or assignees.  

“Tribal Card Program” or “Program” means the program through which the Bank issues one or more Cards to Business Account Owner for use by Authorized Users to assist the Business Account Owner in managing corporate expenses.

“Tribal Agreement” means the separate agreements between the Business Account Owner and Tribal pursuant to which the Business Owner receives Tribal expense management services.  

“We,” “us,” and “our” mean Bank and its successors, affiliates, and assignees.

“Website” means Tribal’s website, located at https://www.tribal.credit.

  1. ACTIVATING THE CARD

AN AUTHORIZED USER CANNOT USE A CARD TO PERFORM TRANSACTIONS UNTIL THE BUSINESS ADMINISTRATOR OR AUTHORIZED USER HAS ACTIVATED THE CARD PURSUANT TO THESE TERMS. BY ACTIVATING A CARD ACCOUNT, BY ACTIVATING EITHER A VIRTUAL OR PHYISCAL CARD, OR PARTICIPATING IN THE PROGRAM IN ANY WAY, THE BUSINESS ADMINISTRATOR OR AUTHORIZED USER REPRESENTS THAT THEY HAVE READ AND UNDERSTAND THESE TERMS AND THEY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS AND OUR PRIVACY POLICY. PLEASE VISIT HTTPS://WWW.TRIBAL.CREDIT TO VIEW, PRINT, AND SAVE THESE TERMS AND OUR PRIVACY POLICY.

  1. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A CARD ACCOUNT

TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR THE BUSINESS OWNER AND BUSINESS ADMINISTRATORS: WHEN THE BUSINESS ACCOUNT OWNER OPENS A BUSINESS ACCOUNT, WE WILL ASK FOR THE NAME, ADDRESS, EMPLOYER IDENTIFICATION NUMBER AND ORGANIZATIONAL DOCUMENTS OF THE BUSINESS ACCOUNT OWNER AND THE NAMES, ADDRESSES, DATES OF BIRTH, AND OTHER INFORMATION CONCERNING EACH BUSINESS ADMINISTRATOR AND PRINCIPAL OWNER THAT WILL ALLOW US TO IDENTIFY THE BUSINESS ACCOUNT OWNER AND ITS BUSINESS ADMINISTRATOR AND PRINCIPAL OWNERS. WE MAY ALSO ASK TO SEE A COPY OF EACH BUSINESS ADMINSTRATOR’S AND PRINCIPAL OWNER’S DRIVER’S LICENSES OR OTHER IDENTIFICATION DOCUMENTS.  

  1. BUSINESS DAYS

Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

  1. CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS

5.1 Business Account Owner Consent. To the extent permitted by applicable law, Business Account Owner consents to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to Business Account Owner and Authorized Users under these Terms and in connection with Business Account Owner’s relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide Business Account Owner in paper form (e.g., by mail). By accepting and agreeing to these Terms electronically, Business Account Owner represents that: (1) Business Account Owner has read and understands this consent to use electronic signatures and to receive Communications electronically; (2) Business Account Owner satisfies the minimum hardware and software requirements specified below; and (3) Business Account Owner’s consent will remain in effect until Business Account Owner withdraws their consent as specified below.

5.2 Business Account Owner’s Right to Withdraw Business Account Owner’s Consent. Business Account Owner’s consent to receive Communications electronically will remain in effect until Business Account Owner withdraws it. Business Account Owner may withdraw their consent to receive further Communications electronically at any time by contacting us at support@tribal.credit. If Business Account Owner withdraws their consent to receive Communications electronically, we reserve the right to close the Business Account and all associated Card Accounts and return the remaining Business Account and Card Account balances as set forth in this Agreement (in which case Authorized Users will no longer be able to use a Card or participate in the Program, except as expressly provided in this Agreement) or charge Business Account Owner a fee for paper copies of Communications. Any withdrawal of Business Account Owner’s consent to receive Communications electronically will be effective only after we have a reasonable period of time to process Business Account Owner’s withdrawal. Please note that Business Account Owner’s withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to Business Account Owner before the withdrawal of Business Account Owner’s consent becomes effective.

5.3 Business Account Owner Must Keep Contact Information Current With Us. In order to ensure that we are able to provide Communications to Business Account Owner electronically, Business Account Owner must notify us of any change in their email address by updating Business Account Owner’s profile on the Website. 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 email messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your email account available to any other individual, you agree that you are responsible for any release of any Business Account information to such individual.

5.4 Copies of Communications. Business Account Owner should print and save or electronically store a copy of all Communications that we send to Business Account Owner electronically. We reserve the right to assess a fee for any such paper copy.

5.5 Hardware and Software Requirements. In order to access and retain Communications provided to Business Account Owner electronically, Business Account Owner must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smartphone) that operates on a platform like Windows or a Mac environment; (3) a connection to the internet such as Internet Explorer 11 (or higher), Mozilla Firefox 30, Safari 7, or Chrome 29; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Reader version 7 or higher; (5) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form; (6) a computer or device and an operating system capable of supporting all of the above. “Current Version” means a version of the software that is currently being supported by its publisher and that accurately reads and displays PDF files.

5.6 Changes. We reserve the right, in our sole discretion, to communicate with Business Account Owner in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify Business Account Owner of any such termination or change by updating this Agreement on the Website or delivering notice of such termination or change electronically.

     6. CARD ACCOUNT TERMS

6.1 Business Administrators. By designating any individual as a “Business Administrator,” Business Account Owner acknowledges and agrees that the actions or omissions of any Business Administrator shall be taken on Business Account Owner’s behalf and Business Account Owner shall be fully responsible and liable for such actions or omissions as if they were the actions or omissions of Business Account Owner. Business Administrator’s obligations in these Terms shall be deemed to be obligations of Business Account Owner.

6.2 Qualifying for and Establishing Business Account and Card Accounts.

6.2.1 Eligibility

  1. Have previously entered into a Tribal Agreement, which agreement must remain in effect and not be terminated or expired;

  1. Designate, via the Website, a Business Administrator to act on Business Account Owner’s behalf in connection with these Terms and authorize the Business Administrator to fund an Authorized User’s Card Account and otherwise administer the Business Account and associated Card Accounts;  

  1. Agree to these Terms, as may be amended from time to time as set forth on the Website in accordance with applicable law;  

  1. Accept the Bank Privacy Policy (available at: https://www.suttonbank.com/_/kcmsdoc/85/49033/WK-Privacy-Disclosure-1218.pdf) which is incorporated by reference into these Terms, and;
  1. Provide us with the information requested to verify the identity of the Business Account Owner and its Business Administrator and Authorized Users.  

6.2.2 Business Account Owner’s Representation and Warranties

By opening a Business Account, requesting, activating or using a Card or by retaining, us or authorizing the use of the Card, Business Account Owner represents and warrants to us that:  

  1. Business Account Owner has received a copy of these Terms and agrees to be bound by and to comply with them and understands that they are subject to change in accordance with applicable law;
  2. Business Account Owner is duly organized, validly existing and in good standing under the laws of the state in the United States of its formation;  
  3. Business Account Owner is duly qualified and in good standing to do business in all jurisdictions where Business Account Owner conducts its business;
  4. Business Account Owner has all necessary organizational power and authority to establish the Business Account and each Card Account, enter into these Terms, and to perform all of the obligations to be performed by it under these Terms;
  5. the personal and business information that Business Account Owner provides to us in connection with the Business Account is true, correct and complete;  
  6. the individual accepting and agreeing to these Terms for Business Account Owner has the requisite corporate authority to accept and agree to the Terms on the Business Account Owner’s behalf;  
  7. the Business Administrator designated by Business Account Owner is a citizen or permanent resident of the United States (with valid U.S. tax ID number) and is at least 18 years of age (or older if residing in a state where the majority age is older);  
  8. Business Account Owner authorized the Business Administrator to authorize each Authorized User to accept and use the Card;
  9. Business Account Owner has provided Business Administrator and each Authorized User with a copy of these Terms and Business Administrator and each Authorized User accepts and agrees to be bound by and to comply with them; and
  10. The Card will only be used for business purposes and not be used for personal, family or household purposes.
6.3 Program Description. The Business Account is an account made available to the Business Account Owner to facilitate the issuance of Cards that may be used by Authorized Users for commercial business purposes. Each Card Account is a national sub-account of the Business Account that will enable the Business Account Owner to track the balance of funds allocated to the Card linked to such Card Account. The Card allows Authorized Users to access funds allocated to the Card by the Business Administrator, subject to the limitations established by the Business Administrator. Neither the Business Account nor a Card Account constitutes a checking or savings account. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card. Business Account Owner will not receive any interest on the funds in the Business Account or any Card Account. The Card will remain the property of the Bank and must be surrendered upon demand. The Card cannot be redeemed for cash. The Card is nontransferable and may be canceled or revoked at any time without prior notice except as required by law. The Business Administrator will determine whether a Card issued to an Authorized User will be a physical Card or virtual Card. The Bank may, in its sole discretion, limit the number of Cards that may be issued on behalf of the Business Account Owner. The Business Administrator shall have full power and agrees to administer the Business Account and each Card Account only as described in this Agreement and as duly authorized by the Business Account Owner. The Business Administrator will be authorized to limit or restrict the activity on all Cards with or without the consent of any Authorized User. The Business Administrator will also be authorized to make changes to the Card Account with or without the consent of any Authorized User. The Business Account Owner is the owner of all funds in the Business Account and allocated to any Card Account at all times and each Authorized User agrees that the Card shall only be used as authorized by the Business Account Owner. Business Account Owner acknowledges and agrees that the value available in the Business Account and any Card Account is limited to the funds that have been added to the Business Account or allocated to any Card Account pursuant to these Terms.
6.4 Funding of the Business Account. Subject to the limitations set forth in this Agreement, Business Administrator may only add funds to the Business Account as described in this Section 6.4. Business Administrator may not add funds to the Business Account by sending personal checks, cashier’s checks, or money orders to the Bank. The Bank will return all checks and money orders unless the Business Account has a negative balance, in which case the Bank may, in its sole discretion, apply the proceeds of the check or money order towards the negative balance of the Business Account. Business Administrator may provide such authorization and Business Account Owner’s Bank Account information via the Website. Amounts debited from the Bank Account will be added to the Business Account and available for allocation to the Card Accounts generally within three (3) business days of when we receive the authorization and all required consents and information.
6.5 Establishing Card Account Settings. Only funds in the Business Account may be allocated to a Card Account and accessed utilizing a Card. A Business Administrator may set certain limits (“Settings”) for each Card and the allocated Card Account through the Website. Authorized Users will not be permitted to establish or modify the Settings. For example, a Business Administrator may establish Settings that limit the amount of funds that may be allocated to a Card Account or the amount of transactions that may be performed with a Card in a day or month. A Business Administrator may change the Settings from time to time via the Website without an Authorized User’s consent. New Settings and changes to existing Settings will be effective only after we have a reasonable period of time to process the new settings or changes.
6.6 Cancellation and Suspension. In addition to and without limiting our rights under this Agreement, a Business Administrator may suspend or cancel a Card Account at any time by changing the Settings on the Website (See Section 6.5 above). Upon the suspension or cancellation of a Card Account, the Authorized User may no longer be able to use the Card Account or the associated Card.
6.7 Transaction Requirements. Transactions approved and processed with the Card may only be used to purchase goods and services for business purposes and not for personal, family or household purposes.
6.8 Authorized User Eligibility and Consents. Prior to distributing a Card to an Authorized User, Business Account Owner shall be responsible for ensuring that each Authorized User (i) is a United States citizen or permanent resident (with valid U.S. tax ID number) of at least 18 years of age (or older if residing in a state where the majority age is older); (ii) agrees to the Bank’s Privacy Policy; (iii) agrees to the Terms of this Agreement; and (iv) provides or agrees that a Business Administrator may provide all requested information, such as the Authorized User’s name, email address, and such other information as we may request from time to time (collectively, “User Information”). Authorized User represents and warrants that all information, including User Information, provided to us or to Business Account Owner (to provide to us) from time to time is truthful, accurate, current, and complete. Authorized User agrees to promptly notify us in writing of changes to any User Information. When a Business Administrator notifies us to revoke such permission, we will close the Card Account and Authorized User may no longer use the Card.
6.9 Revocation of Business Administrator Privileges. Business Account Owner must notify us via email at support@tribal.credit to revoke permission for any Business Administrator to administer the Business Account and Card Account(s). Any revocation of such permission will be effective only after we have a reasonable period of time to process Business Account Owner’s withdrawal.
6.10 Revocation of Authorized User Privileges. A Business Administrator must modify the Settings on the Website or notify us via email at support@tribal.credit to revoke permission for an Authorized User to use the Card. Any revocation of such permission will be effective only after we have a reasonable period of time to process Business Account Owner’s withdrawal.
6.11 Activating a Card. A Business Administrator or Authorized User must activate a Card before it can be used. A Business Administrator or Authorized User may activate a Card on the Website by going to https://www.tribal.credit. In order to activate a physical Card you will need to provide certain User Information so we can verify your identity. Business Administrator may activate a virtual Card on the Website.
6.12 Fees. There are no fees associated with the use of a Card although the Business Account Owner may be assessed Program fees pursuant to a Tribal agreement (see https://www.tribal.credit).
6.13 Card Security.  Business Administrator and Authorized Users should treat the Card with the same care as cash. Always protect the Card and keep it in a safe place. Do not send a Card number in an email or text message. Make sure Card and Access Information is secured with encryption when used to perform transactions over the internet or wireless networks.
6.14 Lost or Stolen Card and Unauthorized Access to Business Account. The Card is a commercial card and does not provide consumer protections for lost or stolen Cards or unauthorized transactions. Treat the Card like cash. Until a Business Administrator or Authorized User reports a Card as lost or stolen or reports an unauthorized transaction on a Business Account or Card Account, Business Account Owner is fully responsible for all transactions, even if the Card is lost, stolen or used for unauthorized transactions. Contact Customer Service IMMEDIATELY if a Business Administrator or Authorized User believes: (a) a Card has been lost or stolen; (b) someone has gained unauthorized access to any Access Information; or (c) someone has transferred or may transfer funds from the Business Account or a Card Account without a Business Administrator’s or Authorized User’s permission. Reporting a lost/stolen Card or unauthorized transactions by calling (866) 200-5650 or by logging into the Website (https://www.tribal.credit) to deactivate the card is the best way to minimize possible losses. Unless we have authorized a transaction after a Business Account or Card Account is blocked, Business Account Owner and Authorized User are responsible for all unauthorized transactions initiated and fees incurred from the unauthorized use of a Card. Failure to promptly notify us could result in the Business Account Owner losing ALL of the money in the Business Account and the associated Card Accounts.
6.15 Using a Card. Cards may not be used for ATM cash withdrawals, may not be used for Business payroll payments, and may only be used for purchases within United States and International. Authorized User may use a Card to make purchases at any merchant that accepts Visa debit cards or debit cards of other networks in which the Bank participates, subject to the available Card Account balance, the transaction limits and transaction restrictions outlined below, and the other terms and condition of this Agreement. If Authorized User uses a Card number without presenting the Card (such as for a mail order, telephone, or internet purchase), the legal effect will be the same as if Authorized User used the Card itself. Each time Authorized User uses a Card, Business Account Owner and Authorized User authorizes us to reduce the value available in the Card Account by the amount of the transaction and any applicable fees. Authorized User is not allowed to exceed the amount of the available funds in the Business Account or allocated to his or her Card Account, whichever is less, through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the amount of available funds in the Business Account or allocated to an Authorized User’s Card Account, Business Account Owner will be fully liable to us for the full amount of the transaction and any applicable fees. We may refuse to process a transaction, or temporarily “freeze” a Card Account and attempt to contact a Business Administrator if we notice transactions that are unusual or appear suspicious, or use of the Card that are not consistent with its intended use.
6.16 Merchant Holds on Available Funds. When Authorized User uses a Card or Card number to initiate a transaction at certain merchant locations, such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available funds in the Card Account for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to Business Account Owner or Authorized User for any other purpose until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to seven days for the hold to be removed. During that period, Business Account Owner and Authorized User will not have access to the funds subject to the hold. Please be advised that Authorized User may experience difficulties using a Card at unattended vending machines, kiosks, and gas station pumps. If a Card is declined at a “pay at the pump” gas station even though Authorized User has sufficient funds available, Authorized User should pay for the purchase inside with the cashier.
6.17 Transaction Limits. The maximum amount that can be spent using the Card Account is limited to the lower of: (a) the limits set by a Business Administrator; (b) the limits set forth in your Tribal agreement; and (c) the limits set forth by the Bank (below).
The Bank’s limits are the following: (1) the maximum amount that can be spent using a Card Account is $200,000 per transaction, $200,000 per day and $200,000 per month. Actual spend limits may be lower and depends on your business’s Card Account eligibility. In order to protect the Card Account, we may temporarily impose limits on the dollar amount, number, and type of transactions performed using a Card and the Card Account. To the extent permitted by applicable law, we reserve the right to: (a) change the transaction limits; (b) limit, block, or place a hold on certain types of transfers or transactions: and (c) limit, suspend, or block transfers from particular persons, entities, or Card Accounts.  
6.18 Transaction Restrictions.  Authorized User may not use a Card for online gambling or illegal transactions. We will not be responsible or liable for any illegal transactions attempted. A Business Administrator may restrict transactions (a) based on Merchant Category Code, (b) purchases originating outside of the United States, or (c) purchases made to sellers outside of the United States. We may refuse to process any transaction we believe violates the terms of this Agreement.  
6.19 Responsibility for Authorized Transactions. Business Account Owner is responsible for all transactions initiated and fees incurred by use of a Card and Card Account. If a Business Administrator or an Authorized User permit another person to have access to a Card or Card number, we will treat this as if the Business Administrator has authorized such person to use the Card, and Business Account Owner will be liable for all transactions and fees incurred by such person, even if they exceed the authorization granted. Business Account Owner will further be responsible for any transactions made and any fees incurred by the Authorized User even if the Authorized User exceeds the scope of the authority granted to such Authorized User by Business Account Owner. Transactions will be considered unauthorized only after a Business Administrator notifies us that the person is no longer authorized to use the Card and we have had a reasonable period of time to process the notification.  
6.20 Card Account Balance. It is important to know the amount of available funds in the Card Account before performing a transaction with a Card. If there are not sufficient funds in the Card Account to cover the transaction amount, the transaction will be declined. If Authorized User does not have sufficient funds in the Card Account, Authorized User can request that the merchant charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Business Account Owner and Authorized User acknowledges and agrees that the funds available to perform transactions are limited to the available funds that have been added to the Card Account that are not subject to a hold. Authorized User is not authorized to use any funds added to the Card Account in error. Any transaction that could create a negative balance for the Business Account or a Card Account is not permitted, but may occur in limited circumstances. Adjustments may be made to the Card Account to reverse an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction posted to the Card Account. These processing and adjustment entries could cause the Business Account or Card Account to have a negative balance. If a Business Account or Card Account has a negative balance, Business Account Owner and Authorized User agree: (a) that the balance of Business Account can be adjusted to reflect that amount; (b) that we may automatically apply any subsequent deposits to the Business Account to satisfy the negative balance; and (c) to pay us on demand by a personal check, money order, or other payment method authorized by us for the amount of the negative balance. If no future funds are added to the Card Account, we may send Business Account Owner a notice explaining the reason for the adjustment and requesting payment by a personal check, money order, or other payment method to satisfy the negative balance. Payments should be mailed to us at 75 E. Santa Clara Street, 6th Floor, San Jose, CA 95113 and the address provided below or the address stated in the applicable notice.
6.21 Transaction History. A Business Administrator may obtain information about the available funds in the Business Account or a Card Account and a 60-day history of the Card Account transactions on the Website.
6.22 Account Alerts. If a Business Administrator and Authorized User provide email addresses to us, we will send the Business Administrator and Authorized User important notices via email about the Card Account. In addition, if a Business Administrator and Authorized User provide mobile phone number or other text message addresses to us, the Business Administrator and Authorized User expressly consent to receive text messages relating to the Card Account at that number or address. The Business Administrator and Authorized User may change the frequency of notifications at any time by updating their notification setting on the Website. Third-party data and message fees may apply.
6.23 Verified Mobile Device. In order for the Business Administrator or Authorized User to use Program services with a mobile device, the Business Administrator or Authorized User must provide a valid mobile device number or text message address on the Website and verify such number or text message address as instructed by us. To verify that mobile device number or text message address, we may send a code via text message to the mobile device number or text message address provided, and require the code to be entered as instructed by us. If the Business Administrator’s or Authorized User’s mobile device number or text message address changes, the Business Administrator or Authorized User must promptly provide and verify the new mobile device number or text message address.
6.24 Transactions in Foreign Currencies. If an Authorized User makes a purchase using your Card in a currency other than in U.S. dollars, the amount deducted from the available funds in the Card Account will be converted by Visa into U.S. dollars. The applicable exchange rate will be selected Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives or the government-mandated rate. The exchange rate used on the central processing date may be different than the rate that was in effect on the date you performed the transaction.
6.25 Receipts. Authorized User should get a receipt for each Card transaction. Authorized User agrees to retain, verify, and reconcile Card transactions and receipts.
6.26 Refunds and Disputes. Authorized User will not receive cash refunds for Card transactions. If a merchant gives Authorized User a credit for merchandise returns or adjustments, the merchant may do so by processing a credit adjustment, which we will credit to the available funds in the Card Account. We are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that Authorized User purchases with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.
6.27 Privacy Policy. Business Account Owner’s, Business Administrator’s and Authorized Users’ privacy is very important to us. We may disclose information to third-parties about Business Account Owner, and any Business Administrator, and Authorized User, Card and Card Account, and transactions related thereto: (a) as necessary to effect, administer, or enforce a transaction requested or authorized by a Business Administrator or Authorized User; (b) with Business Account Owner’s, Business Administrator’s, or relevant Authorized User’s consent; (c) to protect against or prevent actual or potential fraud, unauthorized transactions, or other liability; (d) to comply with government agency or court orders; (e) as permitted and required by applicable law; and (f) as otherwise provided in Bank’s Privacy Policy or Tribal’s Privacy Policy. Business Account Owner, Business Administrator, and Authorized Users understand that by participating in the Program, Business Account Owner, Business Administrator, and Authorized Users consent to the collection, use, and disclosure of Business Account Owner, Business Administrator, and Authorized Users’ information as set forth in these Terms and Bank’s Privacy Policy available on the Website and at https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-1218.pdf.
6.28 Replacement Cards. The expiration date of a Card is identified on the front of the Card. If there is a positive balance of funds in the Card Account upon expiration of a Card and the Card Account is in good standing, we may issue Authorized User a new Card. We may also issue Authorized User a new Card when the Card expires even if there are no funds in the Card Account. If Authorized User needs to replace a Card for any reason, please contact a Business Administrator, who should contact Customer Service. The Business Administrator will need to provide certain User Information so we can verify their identity.
6.29 Our Liability to Business Account Owner. If we do not complete an electronic fund transfer to or from a Card Account on time or in the correct amount according to these Terms, we may be liable to Business Account Owner for the losses or damages. However, there are some exceptions. We will not be liable if: (a) through no fault of ours, Authorized User does not have enough available funds in the Card Account to perform the transaction; (b) circumstances beyond our reasonable control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or natural disaster) prevent or delay the transfer despite reasonable precautions taken by us; (c) the system, or point-of-sale terminal was not working properly and a Business Administrator or Authorized User knew about the problem when Authorized User initiated the transaction; (d) the funds in the Card Account are subject to legal process or are otherwise not available for transactions; (e) the merchant refuses to accept a Card; (f) if access to a Card has been blocked after a Business Administrator or Authorized User reported a Card lost or stolen; (g) if we have reason to believe the transaction is unauthorized; or (h) the transaction cannot be completed because a Card is damaged.
6.30 Errors or Questions About the Business Account. Email Tribal at support@tribal.credit as soon as a Business Administrator can if the Business Administrator thinks an error has occurred involving the Business Account. We must hear from a Business Administrator no later than 60 days after the date the error occurred. When a Business Administrator sends notification of an error involving the Business Account, the Business Administrator will need to tell us: (a) the Business Administrator’s name and Business Account number; (b) why the Business Administrator believes there is an error and the dollar amount involved; and (c) approximately when the error took place. We will review the information submitted in a commercially reasonable manner, but given that the Tribal Card Program implements a commercial product, Business Account Owner is not entitled to and we are not obligated to follow the requirements or obligations of the Electronic Funds Transfer Act and Regulation E promulgated thereunder, which only apply to consumer accounts. If a Business Administrator needs more information about our error resolution process, contact Tribal at support@tribal.credit.
6.31 Errors or Questions About the Card Account Transactions. Email Tribal at support@tribal.credit as soon as a Business Administrator or Authorized User can if the Business Administrator or Authorized User thinks an error has occurred involving the Card Account. We must hear from a Business Administrator or Authorized User no later than 60 days after the date the error occurred. When a Business Administrator or Authorized User sends notification of an error involving the Card Account, the Business Administrator or Authorized User will need to tell us: (a) the Business Administrator’s or Authorized User’s name and Card number; (b) why the Business Administrator or Authorized User believes there is an error and the dollar amount involved; and (c) approximately when the error took place. We will review the information submitted in a commercially reasonable manner, but given that the Tribal Card Program implements a commercial product, Business Account Owner is not entitled to and we are not obligated to follow the requirements or obligations of the Electronic Funds Transfer Act and Regulation E promulgated thereunder, which only apply to consumer transfers. If a Business Administrator or Authorized User needs more information about our error resolution process, contact Tribal at support@tribal.credit.
6.32 Assignment. To the extent permitted by applicable law, we may assign these Terms without obtaining Business Account Owner’s, Business Administrator’s, or Authorized Users’ consent. None of Business Account Owner, Business Administrator, nor any Authorized User may assign or transfer a Card, Card Account, or these Terms without our prior written consent.
6.33 Severability and Waiver. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at any time.
6.34 Amendment. We may add to, delete, or amend this Agreement at any time in our sole discretion without providing notice to Business Account Owner, a Business Administrator or Authorized User subject to applicable law. We reserve the right, subject to applicable law, to deliver to Business Account Owner any notice of changes to existing terms or the addition of new terms by posting an updated version of this Agreement on the Website or delivering notice of changes to Business Account Owner electronically.
6.35 Entire Terms. These Terms constitutes the entire and sole agreement between Business Account Owner, Authorized Users and us with respect to the Program and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Program.
6.36 Cancellation and Suspension. To the extent permitted by applicable law, we may cancel or suspend a Business Account, Card, Card Account, or this Agreement immediately, for any reason, and, except when required by applicable law, without notice to Business Account Owner, a Business Administrator or Authorized User. Business Account Owner may cancel a Card, Card Account, or this Agreement at any time by notifying Customer Service as provided below. Cancellation or suspension of this Agreement will not affect any of our rights or Business Account Owner’s, or any Business Administrator’s or Authorized User’s obligations arising under this Agreement prior to such cancellation or suspension. In the event that a Card Account is cancelled, closed, or terminated for any reason, a Business Administrator may request the unused balance to be returned to the Business Account or to Business Account Owner via a check to the mailing address we have in our records.
6.37 English Language Controls. Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
6.38 Telephone Monitoring/Recording. You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.
6.39 Website Availability. Although considerable effort is expended to make our Website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall 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, labor disputes and armed conflicts.
You agree to act responsibly with regard to our 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.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.
6.40 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Ohio, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
6.41 Indemnification. At our request, Business Account Owner agrees to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from Business Account Owner’s or its Business Administrator’s or Authorized Users’ violation of these Terms, applicable law, or any third-party rights or Business Account Owner’s or its Business Administrator’s or Authorized Users’ fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by Business Account Owner, in which event Business Account Owner will cooperate in asserting any available defenses.
6.42 NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE. From time to time, services related to the Program may be inoperative. When this happens, Business Administrators may be unable to access the Website and Authorized Users may be unable to use the Card or obtain information about the Card. Please notify us if a Business Administrator or Authorized User has any problems using the Card or the Website. Business Account Owner, Business Administrator and Authorized Users agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall 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, labor disputes and armed conflicts.
6.43 LIMITATION OF LIABILITY. We shall have no liability to you if we are unable to complete a transaction for any reason beyond our control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards, the Card Accounts, and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Cards, the Card Accounts, any products or services purchased using Card Accounts, or this Agreement (as well as any related or prior agreement that  Business Account Owner or Authorized Users may have had with us).
6.44 NOTIFICATION OF CHANGES. If Business Account Owner’s mail or postal address, or email address or telephone number changes, Business Account Owner must notify us immediately. In addition, Business Account Owner agrees to notify us immediately if the Business Administrator’s or any Authorized User’s status with Business Account Owner has changed. Failure to do so may result in information regarding the Card, Business Account or Card Account being delivered to the wrong person or your transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in the Business Account or Card Account. Business Account Owner must notify us immediately in the event of the insolvency, receivership, conservatorship, bankruptcy or reorganization of Business Account Owner or change in principal owners. Business Account Owner’s Card(s), Business Account and Card Accounts may be terminated by us in the event a change of control, reorganization, restructuring, conversion, consolidation, division or merger of Business Account Owner.
6.45 DISPUTE RESOLUTION BY BINDING ARBITRATION. For any and all controversies, disputes, demands, claims, or causes of action between Business Account Owner (which includes for purposes of this provision any Business Administrator or Authorized User) and us (including the interpretation and scope of this Section 5.42 and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Cards, the Business Account, Card Accounts, or these Terms (as well as any related or prior agreement that Business Account Owner may have had with us), Business Account Owner and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration and the terms of this Section. The arbitration will take place in the federal judicial district located in the borough of Manhattan, New York, New York, or in the alternative, may be conducted telephonically at your request. As used in this Section, “we” and “us” mean Bank and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include Tribal, and any third-party providing any product, service, or benefit in connection with the Cards, the Card Accounts, or these Terms (as well as any related or prior agreement that Business Account Owner may have had with us) if such third-party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of Business Account Owner’s principal place of business residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of Business Account Owner’s principal place of business for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.  Business Account Owner agrees to the following in connection with any arbitration: (a) no class or similar group arbitration will be permitted; (b) the arbitration will be confidential, and neither Business Account Owner nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (c) subject to Section 6.41 (Limitation of Liability), the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (d) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.

Business Account Owner understands and agrees that, by agreeing to these Terms:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;  
  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE BETWEEN YOU AND US; and  
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY DISPUTE BETWEEN US.

This Section will survive termination of the Card Account or these Terms as well as any voluntary payment of any debt in full by Business Account Owner or bankruptcy by Business Account Owner, or any bankruptcy by us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein.  

     7. IMPORTANT CONTACT INFORMATION

7.1 Contact Information for Customer Service. A Business Administrator and Authorized Users may contact us by calling (855) 781-8757 or by writing us at support@tribal.credit.  

This cardholder agreement is effective January 23, 2020.  

This card is issued by Sutton Bank, Member FDIC, pursuant to a license with Visa U.S.A. Inc.

Terms of use

ELECTRONIC RECORDS AND SIGNATURE AGREEMENT DISCLOSURE 

Tribal Credit, a registered trade name of Aingel Corp., a Delaware, United States of America corporation and its successors and affiliates and subsidiaries and assignees and other entities under its common control including but not limited to Tribal CR, S.A. de C.V. and TRBL Ltd. (collectively referred to as “Tribal” or “our” or “us” or “we” or “party”), may be required by law to provide you (the legal entity agreeing and electronically signing this Electronic Records and Signature Agreement (ERSA), hereinafter referred to as “Customer” or “you” or “your” or “party”) (Tribal and Customer may be collectively referred to as “parties”) certain disclosures or notices in writing on top of all agreements and acknowledgements and the like between the parties. Below are the terms and conditions for sending you such agreements, acknowledgements, disclosures, notices, communications, and the like (collectively referred to as “communications”) electronically from Tribal (“e-communications”).

WITHDRAWING CONSENT

You may decide at any time that you no longer want to receive e-communications from us; however, by informing us that you are withdrawing consent you will also be requesting that we close your Tribal Account. In order to have and maintain a Tribal Account, you must consent to receiving all communications electronically. To withdraw consent, contact us through your Tribal Account, or at the email address(es) provided on our websites located here or here.

ALL AGREEMENTS, DISCLOSURES, NOTICES, AND THE LIKE SHALL BE SENT ELECTRONICALLY 

All communications sent shall be e-communications. Unless you tell us otherwise in accordance with the procedures described herein, e-communications shall be the only method of communicating during the entire relationship between the parties. 

CUSTOMER’S CONTACT EMAIL ADDRESS

It is your obligation to keep current the email address provided to us. Failure to keep your email address current with Tribal may result in lost or delayed electronic communications.

TRIBAL CONTACT INFORMATION

Customers can contact us at any time through your Tribal Account, or addressed to the email address(es) provided on our websites located here or here.  

REQUIRED HARDWARE AND SOFTWARE 

You are solely responsible for obtaining and/or using and/or subscribing to any hardware and/or software equipment and/or products and/or services that may be required to access or use a Tribal Account, including any and all Tribal products or services or features currently available or that may be introduced in the future. Customer hereby expressly agrees and acknowledges that certain hardware and/or software and/or products and/or services currently used by Customer may not be capable of supporting certain Tribal products or services or features now or in the future. To be clear: Tribal is not responsible for providing you with any hardware and/or software that may be necessary to enable your access or use or continued use of any Tribal products or services or features. Please see the Tribal Account Agreement for further details.

PRINTING

Any and all of the e-communications you receive from Tribal may be printed by you at any time. Simply access the relevant item and print from your computer. If you would like Tribal to print out such a document and physically mail it to you, we are more than happy to do so for a minimal processing fee. Please contact us via email or see our websites for further details and pricing.

ENTIRE AGREEMENT

This ERSA constitutes the entire understanding between Customer and Tribal for the subject matter described herein and no other agreements, representations, or warranties other than those provided in this ERSA will be binding unless in writing and signed by Customer and Tribal.

AGREEING TO ALL TERMS AND CONDITIONS CONTAINED HEREIN 

By clicking the “Create Account” button on one of our websites, you are agreeing to Tribal’s Terms of Use, which includes this ERSA and to be bound by this Tribal Electronic Records and Signature Agreement, understand that clicking the “Create Account” button has the same legal effect as a physical signature, and confirming your ability to:

- Access and read this ERSA electronically, which is similar to the other electronic agreements, acknowledgments, disclosures, documents, notices, and the like that we may send you now or in the future; and
- Print this ERSA or the ability to save or send this ERSA elsewhere so that it may be accessed and/or printed later.

MUTUAL NON-DISCLOSURE AGREEMENT

This Mutual Non-Disclosure Agreement (MNDA) is entered into between Tribal Credit, a registered trade name of Aingel Corp., a company existing under the laws of the State of Delaware in the United States of America (US) and its successors and affiliates and subsidiaries and assignees and other entities under its common control including but not limited to Tribal CR, S.A. de C.V. and TRBL Ltd. (collectively referred to as “Tribal”) with its primary US address 75 E. Santa Clara Street, Floor 6, San Jose, CA 95113, US, and the legal entity clicking on the “Create Account” button on one of our websites (Customer). Customer understands that clicking the “Create Account” button has the same legal effect as a physical signature and that by doing so Customer is agreeing to Tribal’s Terms of Use, which includes agreeing to be bound by this MNDA. Tribal and Customer may be referred to individually as “party” and collectively as “parties”.

In connection with the pursuit, evaluation, feasibility, or active business relationship (collectively, the "Business Purpose") between Tribal and Customer, each party is willing to disclose Confidential Information to the other party. For purposes of this MNDA, Tribal and Customer are each a “Disclosing Party” and a “Receiving Party” as the context warrants. 

1. As used in this MNDA, "Confidential Information" means, without limitation, any information previously, presently, or subsequently disclosed by the Disclosing Party to the Receiving Party in the context of the Business Purpose (whether documented now or in the future or otherwise) in confidence and includes but is not limited to: 

(a) any computer programs, computer coding, computer coding sequences, technical drawings, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics, webpages that require usernames and/or passwords to access, and other technical, commercial, financial, customer and product development plans, forecasts, strategies and information;
(b) information relating to an identified or identifiable individual or entity (including, without limitation, name, postal address, telephone number, date of birth or governmental authority and location and date of organization, government identity / identifiable number (such as tax number or registration number), government identity card number (such as driver’s license or identity card number or passport number), or any other unique identifier or one or more factors specific to the individual’s or entity’s physical, physiological, mental, economic or social identity, and whether confidential customer data or otherwise) (collectively referred to as “Personal Information”); 
(c) proprietary or trade secrets or any other information which is clearly labelled or designated in writing as confidential; 
(d) any proprietary, technical or business information, including but not limited to information relating to any current or future or proposed products or services, marketing and business plans, strategies, projections, customers, suppliers, vendors, and other business or contractual relationships or information; 
(e) the specific provisions of any agreements between the parties; and 
(f) any other document or information labelled, stated, or which should be reasonably understood to be confidential. 

2. Except with respect to Personal Information, Confidential Information does not include information that is generally known to the public, information received in good faith from a third party not subject to a confidential obligation to the source, or information that is independently developed by the Receiving Party without use of the Confidential Information. 

3. Each party agrees that it will: 

(a) not disclose, nor permit any person (“person” includes both individuals and legal entities (also known as legal persons or moral persons)) to disclose, to any other person any Confidential Information except in connection with the Business Purpose to those of its directors, officers, employees, contractors, accountants, auditors, affiliates, associates, or the like with a strict need to know as part of their official duties or as may be required by law. (i) Should Receiving Party become legally required to disclose Confidential Information, Receiving Party shall immediately notify Disclosing Party of such request or requirement for disclosure and assist the Disclosing Party up to the limits permitted under the law prior to disclosure so that the Disclosing Party may seek an appropriate protective order or other legal remedy;
(b) not make any use whatsoever at any time of the Confidential Information except to internally evaluate or actively conduct or pursue the Business Purpose;
(c) not to copy or reverse engineer or export or re-export (within the meaning of the United States or other relevant export control laws or regulations) any Confidential Information or product thereof;
(d) protect the Disclosing Party's Confidential Information with the same degree of care that a prudent person uses to safeguard its own information of a similar character, provided that such degree of care shall not be less than a reasonable degree of care implementing appropriate administrative, physical, technical and organizational measures, policies and procedures to protect Confidential Information against accidental or unlawful destruction or accidental loss, unauthorized alteration, disclosure or access, and other unlawful forms of processing; 
(e) immediately notify the Disclosing Party in writing via email if it suspects, has reason to believe, or confirms that any Confidential Information is or has been lost, stolen, compromised, disclosed, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose other than legitimate business reasons; and 
(f) comply with the applicable privacy and data protection laws which apply to the Party’s storage or transmission of any Confidential Information. 

4. Upon the request of the Disclosing Party, the Receiving Party will return or destroy all documents and records containing the Confidential Information (including Confidential Information contained in the databanks of any computers or servers whether onsite or in the cloud), without in any manner retaining any copies, duplicates, extracts or other reproductions, in whole or in part, of such documents or records which contain the Confidential Information. Further, upon request, the Receiving Party will provide a certificate which shall confirm that the foregoing items, including the destruction, have taken place. Notwithstanding the foregoing, Receiving Party shall be permitted to retain a copy of Disclosing Party’s Confidential Information to the extent it has been electronically archived in accordance with automated security and/or disaster recovery procedures as in effect from time to time, provided that any such Confidential Information shall be protected and remain protected in accordance with the terms of this MNDA. 

5. This MNDA will terminate on the earlier to occur of:

(a) written notice given by either party terminating pursuit, evaluation, and/or feasibility of the Business Purpose; or
(b) the date that is five (5) years from the date of termination of an active Business Purpose. The rights and obligations of the parties with respect to all Confidential Information will survive the termination of this MNDA until and unless one of the exceptions set forth in Section 2 applies. 

6. Nothing contained in this MNDA shall be construed as granting or conferring any rights by license or otherwise in any Confidential Information disclosed. 

7. The parties acknowledge that the Confidential Information is valuable and unique and that disclosure in violation of this MNDA will result in irreparable harm to the non-breaching party. In the event of a breach or threatened breach of the terms of this MNDA, the non-breaching party shall be entitled to seek an injunction prohibiting revelation of the Confidential Information and any and all other appropriate equitable remedies it might have without the requirement of posting a bond. Any such relief shall be in addition to, and not in lieu of, appropriate relief in money damages. 

8. Each party will remain solely liable for all costs associated with any breach of this MNDA and will indemnify the non-defaulting party for any expenses it incurs due to the other party’s failure to comply with the terms of this MNDA, including attorneys’ fees and costs. 

9. This MNDA shall be governed and construed in accordance with the laws of the State of California of the United States of America (California) without regard to the conflicts of law provisions thereof and shall bind and accrue to the benefit of the parties hereto and their respective successors and assigns. The parties further stipulate and agree that any litigation arising from or relating to this MNDA will be heard in a court or other tribunal of competent subject matter jurisdiction (a) located in California if brought by Tribal and (b) located in either California or Mexico City, Mexico, depending on the Customer’s preference, if brought Customer. In the event that any of the provisions of this MNDA shall be held by such court or other tribunal to be illegal, invalid or unenforceable, the most non-invasive alterations shall be made by that court or other tribunal to render such provision enforceable and ensure the maximum amount of this MNDA remains in full force and effect. This MNDA supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the subject matter hereof.

10. Any notice or other communication required or permitted hereunder shall be given in writing to the other party at the email addresses provided at time of first contact or at such other email address as shall be given by either party to the other in writing. 

11. Customer shall not publicize, through press releases or otherwise, in the general or trade media (including, without limitation, newspapers, magazines, television, internet, or radio) the existence of, or the discussions that give rise to, this MNDA without the prior written and signed consent of Tribal. 

12. Customer may not assign or transfer any rights or liabilities under this MNDA to any other person, except with prior written and signed consent of Tribal.
     7. IMPORTANT CONTACT INFORMATION

7.1 Contact Information for Customer Service. A Business Administrator and Authorized Users may contact us by calling (855) 781-8757 or by writing us at support@tribal.credit.  

This cardholder agreement is effective January 23, 2020.  

This card is issued by Sutton Bank, Member FDIC, pursuant to a license with Visa U.S.A. Inc.

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