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.
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 email@example.com or at our registered office 75 E Santa Clara Street, Floor 6, San Jose, CA 95113, USA.
Address (email): firstname.lastname@example.org
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.
As established in legislation, the protection of personal data will be governed by the harmonious and comprehensive application of the following principles:
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.
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:
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.
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).
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
Secondary purpose of treatment:
For other purposes or treatment, prior, express, and informed authorization will be requested from the Holder.
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:
We may also need to process and/or share your data in the following situations:
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:
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.
In Short: We only share data with the following categories of recipients:
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.
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.
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 email@example.com.
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.
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 firstname.lastname@example.org.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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
In Short: Yes, we update this Policy as necessary to stay compliant with relevant laws.
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: email@example.com.
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.
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:
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.
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.
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.
“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.
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.
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.
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 firstname.lastname@example.org. 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.
6.1 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.
6.2.2 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:
Business Account Owner understands and agrees that, by agreeing to these Terms:
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.