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Terms and Conditions

Last Updated: August 14, 2020

The Sodexo website or application (both referred to hereinafter as the “Website”) has been designed for the purpose of providing information to its users.

Your access to and use of this Website indicates your irrevocable and unreserved acceptance of these Terms and Conditions.

All the provisions of these Terms and Conditions apply to all users. You should therefore review the Terms and Conditions each time you access, view and/or use the Website.

Payment

Some features of the Website, including, without limitation, the placing of orders, may require you to make payments. When paid by you, these payments are final and non-refundable, unless otherwise determined by Sodexo. Sodexo, in its sole discretion, may offer credits or refunds at our sole discretion, such as in the event of an error with your order or in the amounts you were charged.

Sodexo (or its authorized third-party providers) will charge, and you authorize them to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, Sodexo may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. Also, if you are a campus user and you opt to pay for a purchase with your stored-value card, on certain campuses, (i) Sodexo will charge such purchase to your stored-value card and will charge any applicable fees to the payment method on file with us, and (ii) you agree that Sodexo may be unable to refund a purchase to your stored-value card and may, in its discretion, provide a refund through an alternative method.

Sodexo reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time, and further reserves the right to consolidate or otherwise incorporate fees and/or surcharges into the prices listed. Sodexo may also, in its sole discretion, make Bite Rewards or other promotional offers with different features and different rates available to any or all of our users. Unless made available to you, these Bite Rewards and promotional offers will have no bearing on your obligation to pay the amounts charged. For more information on these offers, please see the “Bite Rewards” section below.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Payments and rewards made in connection with this Website may also be provided by a third-party provider and the provider may change based on the site location. Where these Terms and Conditions conflict with the third-party provider or with the payment processor’s payment terms, those third-party terms will govern.

BITE REWARDS

These Terms of Use apply to your access and participation in the Bite Rewards program. Any changes or modifications to these Terms of Use shall be effective immediately upon posting the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Not all locations offer Bite Rewards, and this section of terms only apply where being offered.

Enrolling in Bite Rewards

The Bite Rewards ("Bite Rewards") program allows you to earn and/or receive Offers from Bite. Participation in Bite Rewards is limited to persons at least 13 years old and residing in the United States who download the Bite Mobile App (the “App”) and sign-up for a Bite Rewards account. Bite Rewards accounts are limited to one individual per account. Bite Rewards are valid only at participating Sodexo locations. To sign up for a Bite Rewards account, download the App to your Android or iPhone® device and follow the prompts to access account sign-up and/or sign-in page in the App. You will be required to provide the requested information, including, but not limited to, user name, password, name, and e-mail address. Sodexo may periodically request additional information to help us get to know you better. You agree to provide true and accurate information and to ensure that information provided by you is up-to-date and accurate. Communications with you will be made using contact information most recently provided by you. Sodexo is not responsible for your inability to receive or redeem Offers or other loss arising from your failure to provide and maintain accurate contact information.

Sodexo may send messages from time to time using the contact information provided by you. Such messages may include system updates, Bite Rewards confirmations, administrative announcements, special requests and the like and may be sent via notifications in the App, via e-mail, or communicated to you on a receipt or display at the time of use of your Bite Rewards account. Please read the Privacy Policy carefully to understand how Sodexo collects, uses and discloses information about customers and how to update or change your personal information and how we communicate with you.

Your participation in Bite Rewards is personal and non-transferable. Bite Rewards status and/or individual Bite Rewards may not be purchased, sold, bartered, brokered or otherwise transferred. There are no membership fees associated with Bite Rewards. Offers made via Bite Rewards are purely promotional offers. You agree that no portion of your payment for purchases qualifying for any Offer constitutes consideration paid for any Bite Reward offer.

Earning Bite Rewards

Bite Rewards are issued on a periodic basis. They are referred to as ‘Bite Rewards’ in the App but may appear with different descriptions from time to time. Upon signing up, you will receive notice via your Bite Rewards account of your current Offer. Once you activate a Bite Rewards account, you progress towards an Offer and may be eligible to receive special offers, from time to time. The number, type and frequency of Offers are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume and type of purchases at participating Sodexo locations, number of visits and frequency of visits to participating Sodexo locations, interaction with other Sodexo applications or promotions; or special offers made directly by Sodexo locations or the Bite App which may include ways to progress toward your next Offer via a special promotion. For Offers that are based on purchases, the following types of purchases at a participating Sodexo location qualify: (1) placing and completing a Mobile order for a qualifying purchase through the App, where applicable; (2) or completing a transaction at a participating Sodexo location and scanning the digital code linking to your Bite Rewards account at checkout.

You must use the App, or if placing an online order be signed into your Bite Rewards account, to complete the qualifying purchase or activity in order for that purchase or activity to count towards your progress to the next qualifying Offer. Benefits applied from any single qualifying purchase or activity may only be credited to one (1) Bite Rewards account. The qualifying purchase or activity will be applied to your Bite Rewards account after completion of the qualifying purchase or activity. In certain cases, it may take twenty-four (24) hours or more to be credited. Sodexo shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your Bite Rewards account.

Offers are promotional offers and may have certain restrictions including expiration dates and short, time-limited redemption periods. For free drink or food Offers, some restrictions apply, and items are subject to availability at specific, participating locations. All Offers must be redeemed prior to the stated expiration date to be valid. It is your responsibility to check your Bite Rewards account periodically for Offers and use the Offers prior to the stated expiration date.

Activities which allow progress towards Offers do not count towards and may not be combined with other programs. Activities tied to specific Offers must be fully completed and will only result in one Offer, regardless of the number of times the activity is performed. Partial Bite Rewards will not be issued.  Sodexo reserves the right to change, modify or update these Offers and the qualifying purchases and activities to progress to an Offer from time to time without notice. Sodexo is under no obligation to provide you with any particular number of Offer opportunities or special offers. Sodexo reserves the right to limit enrolment at any time.

Offers

Sodexo and participating Sodexo locations, in their sole and absolute discretion, may periodically offer the opportunity for additional Offers on particular transactions or special offers (“Special Offers”). Special Offers may also be distributed to you via the App or via e-mail or from time to time (based on the information you have in your Bite Rewards account). Special Offers may include periodic promotional offers on food, beverages and merchandise. You must have your App set to receive notifications and/or have opted-in to receive email communications in order to receive promotional and marketing offers. Special Offers may be customized based on your qualifying purchases and preferences. In certain events, Special Offers may require that you have location settings enabled for them to be distributed to your App. Please note that Sodexo and participating Sodexo locations may be unable to send these Special Offers to you if you have turned off your notifications or location settings in the App; if you have elected not to receive email communications from Sodexo; or if you have poor network connectivity. Special Offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Special Offers are personal to you and cannot be shared, copied or transferred. You may be required to present your Bite Rewards account information at the participating Sodexo locations in order to redeem Special Offers. Read each offer carefully for specific details, limitations and restrictions.

To redeem an Offer, you must present the valid Offer in the App at a participating Sodexo location (for in-person transactions). Offers are subject to availability and limitations as may be imposed by Sodexo. Determinations regarding redemption of Offers are subject to the discretion of the participating Sodexo locations.
Once redeemed, the Offer will be indicated as redeemed in your Bite Rewards account. Updates to the status of Offers may take 24-48 hours or more to show up in your account. A list of current Offers is available under your Bite Rewards account. Offers have no cash value and are not redeemable for cash, gift certificates or gift cards. Offers are promotional and do not constitute property of any Bite Rewards account holder. Sodexo reserves the right to limit the redemption of specific Offers and limit the number of Offers available. Sodexo reserves the right to modify the number of qualifying purchases or transactions needed to receive specific Offers.

Cancellation; Termination

You may opt-out of Bite Rewards Offers at any time, for any reason by cancelling your Bite Rewards account. If you cancel your Bite Rewards account, any unredeemed Offers and/or progress towards other Offers will automatically expire and will no longer be available for redemption.
Upon cancellation, your Bite Rewards account shall immediately cease and you may no longer receive Offers or receive Bite Rewards benefits. Sodexo has no obligation to refund you for any unredeemed Offers or benefits following cancellation. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation.

Right of Termination

Sodexo reserves the right to suspend or terminate, at Sodexo’s sole and absolute discretion, any Bite Rewards account if Sodexo believes that the account holder has abused Bite Rewards privileges, has violated or acted inconsistently with these Terms of Use or applicable law or acted in a manner harmful to our interests. Sodexo further reserves the right to terminate a Bite Rewards account that has been inactive for a period of (1) year or more. You understand and agree that termination by Sodexo of a Bite Rewards account will result in in the cancellation of all Offers associated with that account and the inability to earn and/or redeem further Offers.

Sodexo reserves the right to terminate the Bite Rewards program, or any or all benefits under Bite Rewards, at any time, for any reason without providing electronic or written notice to you. In the event of such termination, at Sodexo’s election, Sodexo may allow you to redeem any outstanding valid and unexpired Offers at a participating Sodexo location until expiration of such Offers.

General Restrictions

Sodexo shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Terms of Use and any decision it makes relating to termination or disabling of Bite Rewards program (including, but not limited to, cancellation of Offers) shall be final and binding. Should you object to any of these Terms of Use, or any subsequent modifications thereto, or become dissatisfied with Bite Rewards, your sole remedy is to discontinue participation in any Bite Rewards programs and properly cancel your account in the manner provided above.

INTELLECTUAL PROPERTY RIGHTS

Copyrights

All of the content available on the Website, notably photographs, written text, slogans, drawings, images, and animated sequences (with or without audio), as well as any and all intellectual creations integrated into the Website are owned by Sodexo or third parties which have authorized Sodexo to use them. Consequently, all the reproduction and representation rights related to such content are strictly reserved, and any reproduction or representation thereof is subject to the prior written permission of the Sodexo.

Any reproduction, representation, use, adaptation or modification – by any process or media – of all or part of the Website without the prior written permission of the Sodexo is strictly prohibited and would constitute an offence of copyright infringement.

Sodexo respects the intellectual property rights of others and we ask that you do the same. Please see our Copyright Policy.

Trademarks

The company names, brands and distinctive signs presented on the Website are protected under trademark law.

The Sodexo name and logo are trademarks registered by Sodexo. Other brands and trademarks that are referred to on the Website that bear a capital letter and are generally owned by Sodexo or other Sodexo companies or are licensed to be used by a Sodexo company, are also protected under trademark law.

Any brands or trademarks shown on the Website that are not owned by Sodexo are covered by a right of use license.

Any reproduction, representation, use, adaptation or modification of any of the above-mentioned brands and trademarks without the prior written permission of Sodexo is strictly prohibited and would constitute an offense of trademark infringement.

LINKING TO THE WEBSITE

The Website authorizes hypertext links pointing to its content, as long as such links adhere to Sodexo's linking policy, as follows:

THIRD PARTY INFORMATION

Links to other websites operated by other entities are included as a convenience to you. Sodexo makes no representation regarding the content or accuracy of any other website, which you may access through this one. Sodexo is not responsible for the content found on other websites, which is linked from this page. The existence of these links on Sodexo's website does not imply endorsement, recommendation or sponsorship for any linked website or the services, products or advice described on the site. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s) and not Sodexo.

E-MAIL COMMUNICATIONS

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any information. With respect to any communications you make to Sodexo, including but not limited to questions, comments, suggestions, feedback, and the like (“Content”), you (i) understand and agree that Sodexo reserves the right to respond or not respond, in its discretion, to any questions submitted by you; (ii) understand and agree that such Content will be deemed non-confidential; (iii) agree not to submit Content that is infringing or that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with or otherwise adversely affect the operation of another’s computer, or surreptitiously intercept or expropriate any system, data or personal information; and (iv) grant to Sodexo the unrestricted and irrevocable right to use, copy, modify, publish, perform, transmit and display such Content via any media, and waive any moral rights you may have in such Content. Sodexo shall be free to use such Content, including any ideas, concepts, know-how, or techniques contained in such Content, for any reason whatsoever.

When you create an Account and provide your email address, we will periodically send you administrative e-mails, free newsletters, and e-mails that directly promote the use of ourWebsite or services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you administrative emails, including notices of any updates to our Terms or Privacy Policy. If you wish to opt out of administrative emails, you must delete your account entirely and cease use of the service.

FORWARD LOOKING STATEMENTS

Statements made on or contained in this Website or in documents referred to, are or may be forward looking statements.

Such statements reflect the views of Sodexo as of the date made with respect to future events and are subject to risks and uncertainties.

Actual results may differ from those expressed in such statements, depending on a variety of factors including future levels of industry demand and pricing; political stability and economic growth; development and use of innovative technology; actions of competitors; and natural disasters, wars and acts of terrorism.

Additional information, including information on factors that could cause actual results to differ materially from those in the forward-looking statements are contained in Sodexo’s latest published Annual Report and Accounts and other documents released by Sodexo from time to time. Sodexo disclaims any intention or obligation to update forward looking statements.

PROGRAMS AND PROMOTIONS

There may be times when we offer features, special programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") that have their own terms and conditions that apply in addition to these Terms and Conditions (“Additional Terms”). In those cases, unless otherwise stated in the Additional Terms, the Additional Terms specific to the Promotion will govern and control if and to the extent there is a conflict with these Terms and Conditions.

MOBILE APPS

In order to use or access the Website via a mobile application ("Mobile App") you must have a compatible mobile device.  Sodexo does not warrant that the Mobile App will be compatible with your mobile device. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You agree that your access to the Mobile App shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.

LIMITATION OF LIABILITY

The information contained on this Website is not comprehensive and whilst we take all reasonable care to ensure that the information on this Website is accurate and up to date, the information has not been independently verified, and no representation or warranty, expressed or implied, is made as to its accuracy or completeness.

In no event will Sodexo, nor any of its subsidiaries, affiliates or officers, or any other person, accept any liability for any loss howsoever caused arising directly or indirectly from the use or inability to use this Website or the information thereon, even if Sodexo has been advised of such damages, and any such liability is hereby excluded. As some jurisdictions prohibit the exclusion or limitation of liability or consequential or incidental damages, the above limitation may not apply to you.

We make every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website, or any websites accessible through it, will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Website and screen out anything that may damage it. Sodexo shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using the Website.

REVISIONS TO THIS WEBSITE AND THIS TERMS AND CONDITIONS OF USE

Sodexo may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any content or activities available on this Website and any products or services offered through this Website. Sodexo may also, in its sole discretion, revise this Terms and Conditions of Use by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.

APPLICABLE LAW

Regardless of the place of performance, this Agreement and all matters relating to this Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.  Any action or proceeding arising out of or relating to this Agreement and the Contract Documents shall be brought and maintained exclusively in the courts of the Toronto, Ontario. Sodexo makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Sodexo Website from territories where the content of the Sodexo Website may be illegal is prohibited. Those who choose to access the Sodexo Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms and Conditions of Use and all documents incorporated herein by reference constitute the entire agreement between Sodexo and you with respect to the Sodexo Website. If any part of these Terms and Conditions of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

CONTACT INFORMATION

If you have any questions about these Terms and Conditions of Use, please contact us at:

For the Bite by Sodexo: Biteplusdeployment.usa@sodexo.com.

For the Bite by Sodexo - Universities Application: BiteDeploymentUNI.USA@sodexo.com.

For Bite.sodexo.com: Biteplusdeployment.usa@sodexo.com.

Privacy Policy

Last Updated: August 13, 2020

PURPOSE OF THIS POLICY

Sodexo takes the protection of your personal data very seriously.

We developed this policy to inform you of the conditions under which we collect, process, use and protect your personal data. Please read it carefully to familiarize yourself with the categories of personal data that are subject to collection and processing, how we use these data and with whom we are likely to share it. This policy describes how you can get in touch with us on any questions you might have concerning your personal data.

This policy may be amended, supplemented or updated, in particular to comply with any legal, regulatory, case law or technical developments that may arise. However, your personal data will be processed in accordance with the policy in force at the time of the data collection, unless a compulsory legal prescription determines otherwise and must be enforced retroactively.

For California Residents, please visit https://us.sodexo.com/legal--privacy/california-consumer-privacy-act.html for a summary of your data rights.

DEFINITIONS

Personal data

means any information relating to an identified natural person or one that can be directly or indirectly identified by reference to an identification number or to one or more factors specific to this person. Personal Data will share the same definition as “Personally Identifiable Information.”

“us” or “our”

those entities of Sodexo that are based in the United States or Canada (hereinafter designated as “Sodexo”) for all dimensions and activities.

“you”

any website or application user/visitor.

“Website”

means either (1) the website where this privacy policy appears at the footer or (2) the Application where this policy is linked.
                                       

COLLECTION AND SOURCE OF PERSONAL DATA

We use Personal Data to operate, administer and improve the Website, deliver the services or carry out the transactions you have requested, improve our services, provide you with more effective customer service, perform research and analysis aimed at improving our products, services and technologies, satisfy our legitimate business interests (including performing trend analysis and market studies), set prices, accomplish the billing function, display content and advertising that are customized to your interests and preferences, and comply with government regulations. We also use personal information about you to communicate with you about the Website, transactions with you, and additional products and services you may find of value. To do all of this, we combine personal and non-personal information, collected online and offline, including information from third party sources.

We will most likely collect your personal data directly (via the data collection forms on our Website) or indirectly (via our service providers and/or technologies on our Website).

We undertake to obtain your consent and/or to allow you to refuse the use of your data for certain purposes whenever necessary.

You will in any event be informed of the purposes for which your data are collected via the various online data collection forms and via the Cookie Policy.

SOCIAL NETWORKS

You have the option to click on the dedicated icons of social networks such as Twitter, Facebook, Linkedin, etc. that appear on our Website. Clicking on those links or enabling those connections may allow the social network to collect or share data about you. We do not control these third-party websites and we encourage you to read the privacy notice of every website you visit.

Social networks create a friendlier atmosphere on the Website and assist in promoting the Website via sharing. Video sharing services enrich the video content of the Website and increase its visibility.

When you click on these buttons, we may have access to the personal information that you have made public and accessible via your profiles on the social networks in question. We neither create nor use any separate databases from these social networks based on the personal information that you have published there and we do not process any data relating to your private life through these means.

If you do not want us to have access to your personal information published in the public spaces of your profile or your social accounts, then you should use the procedures provided by the social networks in question to limit access to this information.

LINKS TO OTHER SITES 

Occasionally, we provide links to other websites for practical and informative purposes. These websites are mostly Sodexo websites, however some of them operate independently from our websites and are not under our control. These websites are run by third parties with their own confidentiality recommendations or terms of use which we strongly advise you to read. We do not accept any liability with regard to the content on these sites, for the products and services that may be offered there or for any other use thereof.

TYPES OF PERSONAL DATA COLLECTED AND USED BY US

We may specifically collect and process the following types of personal data:

Personal data identified by an asterisk in data collection forms are compulsory as these are necessary to fulfill any orders placed. In the absence of this compulsory information, these transactions cannot be processed.

PERSONAL DATA THAT WE AUTOMATICALLY COLLECT

We collect some information automatically when you visit the Website to personalize and enhance your experience. We collect this information using various methods such as:

Cookies 

A “cookie” is a small information file sent to your browser when you visit our Website and stored on your computer. This file contains information such as the domain name, the internet access provider and the operating system as well as the date and time of access by the user. Cookies cannot damage your computer in any way.

Cookies are not used to determine the identity of an individual who visits our Website. Cookies allow us to identify, in particular, your geographic location and the display language in order to improve your online browsing experience. They also enable us to process information about your visit to our website, such as the pages viewed and the searches made, in order to improve our Website content, to follow your areas of interest and offer you more suitable content.

If you do not want to receive cookies from our Website, you can adjust your browser settings accordingly. To manage your choices, each browser has a different configuration. These configurations are described in your browser’s help menu, which will explain how to change the settings to your desired cookies configuration.

We recommend, however, that you do not deactivate our cookies. Keep in mind that if you block, turn off or reject our cookies, some of our webpages will not display correctly or you will no longer be able to use some of the services we offer. In this case, we cannot be held liable for any consequences related to the reduced functionality of our services arising from our inability to store or consult the cookies required for its functioning and which you have declined or deactivated.

Lastly, by clicking on the dedicated icons of social networks such as Twitter, Facebook, Linkedin, etc., if these are displayed on our Website, and if you have agreed that cookies may be downloaded while you are browsing our Website, the social networks in question may also download cookies to your devices (computer, tablet or mobile phone). These types of cookies are downloaded to your device only on condition that you have given your consent by continuing to browse our Website. You can, however, at any time revoke your consent to these social networks downloading these types of cookies.

For more information, please consult our Cookie Policy.

IP addresses

An IP address is a unique identifier used by some electronic devices to identify and communicate with each other on the internet. When you consult our Website, we can use the IP address of the device used by you to connect you to the Website. We use this information to determine the general physical location of the device and to know in which geographical areas visitors are located.

Statistics

The Website uses Google Analytics to generate statistical reports. These reports tell us, for example, how many users consulted the Website, which pages were visited and in which geographical areas Website users are located. The information gathered via the statistics may include, for example, your IP address, the Website from which you arrived at our Website and the type of device that you used. Your IP address is hidden on our systems and will only be used if necessary to resolve a technical problem, for Website administration and to gain insight into our users’ preferences. Website traffic information is only accessible to authorized staff. We do not use any of this information to identify visitors and we do not share this information with third parties. 

Automatic Information Collection and Tracking

When you download, access, and use the Website, it may use technology to automatically collect:

If you do not want us to collect this information do not download the application, delete it from your device, or you may opt out at any time by changing your device settings rre;ated to this Website through your device, for example, by turning off location services for the Website. Note, however, that opting out of the Website’s collection information may disable some of its features.

PURPOSES FOR WHICH WE USE PERSONAL DATA

We use your personal data specifically for the following purposes:

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

We process your personal data as part of the performance and management of our contractual relationship with you, in our legitimate interest to improve the quality and operational excellence of the services we offer to you, or in compliance with certain regulatory obligations.

Your personal data may also be processed based on your prior consent in the event that under certain circumstances, your consent would be requested.

DISCLOSURE OF PERSONAL DATA

The security and confidentiality of your personal data are of great importance to us. This is why we restrict access to your personal data only to members of our staff who need to have this information in order to process your orders or to provide the requested service.

We will not disclose your personal data to any unauthorized third parties. We may, however, share your personal data with entities within the Sodexo group and with authorized service providers (for example: technical service providers hosting, maintenance, consultants, etc.) whom we may call upon for the purpose of providing our services. We do not authorize our service providers to use or disclose your data, except to the extent necessary to deliver the services on our behalf or to comply with legal obligations. Furthermore, we may share personal data concerning you (i) if the law or a legal procedure requires us to do so, (ii) in response to a request by public authorities or other officials or (iii) if we are of the opinion that transferring these data is necessary or appropriate to prevent any physical harm or financial loss or in respect of an investigation concerning a suspected or proven unlawful activity.

We may partner with third parties to provide advertisements to visitors through the Website. These third parties are only provided the information necessary to perform their services and are only permitted to use such information for the provision of such services. We may also aggregate general statistics that we gather about visitors, sales, traffic patterns, and services and provide these statistics to third parties; however, when we do, these statistics will not include any personal information that identifies individuals.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

STORAGE PERIOD OF YOUR PERSONAL DATA

We will store your data only for as long as necessary to fulfill the purposes for which it was collected and processed. This period may be extended, if applicable, for any amount of time prescribed by any legal or regulatory provisions that may apply.

PERSONAL INFORMATION AND CHILDREN

The Website is for use by adult persons who have the capacity to conclude a contract under the legislation of the country in which they are located.

This Webste is not directed towards children under 16 years of age. No one under age 16 may provide any information to the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features/register on the Website, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy.noram@sodexo.com.

TRANSFER OF PERSONAL DATA 

As Sodexo is an international group, your personal data may be transmitted to internal or external recipients that are authorized to perform services on our behalf and that are located in countries outside the country where data was collected (such as in the United States or Canada). In the event that personal data is transferred internationally, the government, courts, law enforcement or regulatory agencies of the transferred to jurisdiction may be able to obtain disclosure of the data through the laws of that jurisdiction.

To guarantee the security and confidentiality of personal data thus transmitted, we will take appropriate measures to ensure that these data receive adequate protection, such as signing standard European Commission contractual clauses or other equivalent measures.

REQUESTS

If you have questions about use of your personal data or a request regarding your personal data, you can contact us by writing to us at the following address - privacy.noram@sodexo.com. Please state your last name, first name and provide your question or request. We will most likely ask you for additional information in order to identify you and to enable us to handle your request.

If you are dissatisfied with our response, you may then seek further recourse by contacting the competent Supervisory Authority or the relevant competent court. You may also contact our lead Supervisory Authority, the French Supervisory Authority (the “CNIL”, www.cnil.fr).

SECURITY

We implement reasonable technical and organizational security measures to ensure security and confidentiality in processing your personal data.

To this end, we take all necessary precautions given the nature of the personal data and the risks related to its processing, in order to maintain data security and in particular to prevent distortion, damage or unauthorized third-party access (physical protection of the premises, authentication procedures with personal, secured access via identifiers and confidential passwords, a connection log, encryption of certain data, etc.). We also request that our third-party service providers use commercially reasonable security measures to protect your information from unauthorized access or use.

However, no method of electronically transmitting or storing data is ever completely secure, and therefore, we cannot guarantee that your information will never be accessed, used, or disclosed in a manner that is inconsistent with this Privacy Policy.

UNSUBSCRIBING

If you have subscribed to certain services via our Website and you no longer want to receive emails, please consult the “unsubscribe” page corresponding to the service you are subscribed to.

HOW TO CONTACT US

If you have any questions or comments with regard to this policy, please do not hesitate to contact us at the following address privacy.noram@sodexo.com.

E-sign Agreement:

We suggest you read this document and print a copy for your reference.

Note: This Electronic Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your BitePay and any related products and services (“Communications”). This Disclosure supplements and is to be construed in accordance with the terms contained in the Cardholder Agreement (“Agreement”) you received from MetaBank. The words "we," "us," and "our" refer to MetaBank, the issuer of BitePay. The words "you" and "your" mean you, the individual(s) identified on the Account. As used in this Disclosure, "Account" means theBitePay Account you have with us.

1. Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to : (i) All legal and regulatory disclosures and communications associated with BitePay and any related products and services; (ii) Your Cardholder Agreement; (iii) Notices about a change in the terms of your Cardholder Agreement; ·(iv) Privacy policies and notices; (v)· Error Resolution policies and notices; (vi)Responses to claims filed in connection with your Card Account; and (vii) Notices regarding insufficient funds or negative balances

2. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided by with an app notification or e-mail.

3. How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by turning off app notifications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

4. How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e‐mail address, your contact information, and other information related to this Disclosure and your Account, and to maintain and update promptly any changes in this information. You can update information such as your e‐mail address in the app under your profile.

5. Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have the current version of the Bite App on your mobile device.

6. Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by e-mail at bitepay@foundrypayments.com. We may charge you a service charge for the delivery of paper copies of certain Communications provided to you electronically pursuant to this authorization. See the fee schedule in your Agreement for details about this service charge. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

7. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.

8. Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

9. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

Long Form for BitePay

All fees

Amount

Details

Account Closing Fee

$25.00

Account will be closed if inactive for forty-eight (48) months

 

Check Refund Processing Fee

$15.00

A $15 fee will apply when a refund check is issued

Inactivity

$13.00

You will be charged after you have not completed a transaction using your card for twelve 12 months. This fee will be assessed every 12 months of inactivity, until account is closed or the balance hits $0.

Your funds are eligible for FDIC insurance. Your funds will be held at or transferred to MetaBank, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event MetaBank fails, if specific deposit insurance requirements are met. See fdic.gov/deposit/deposits/prepaid.html for details.

No overdraft/credit feature.

Contact Customer Service by calling 1 888-575-2194, by mail at PO Box 5014., Basking Ridge, NJ 07920, or visit the Bite app or http://bite.sodexo.com/ .

For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.

BitePay Cardholder Agreement

CUSTOMER SERVICE CONTACT INFORMATION:

Address:                PO Box 5014, Basking Ridge, NJ 07920
Website:                 http://bite.sodexo.com/
Phone Number:    1 888-575-2194

IMPORTANT NOTICES:

  1. PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
  2. ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE ON THE CARD.  MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE THE CARD BALANCE.
  3. BY ACCEPTING, SIGNING, OR USING THIS CARD, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
  4. BY USING THIS CARD, YOU ARE ALSO AGREEING TO METABANK’S PRIVACY POLICY (ATTACHED). PROGRAM MANAGERS MAY HAVE DIFFERENT PRIVACY PRACTICES, SO IT IS IMPORTANT YOU REVIEW THEIR POLICY AS WELL, IF APPLICABLE.

This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which the BitePay Card (“Card”) has been issued to you by MetaBank®, National Association. " You" and "your" means the person or persons who have received and are authorized to use the Card as provided for in this Agreement. "We," "us," and " our" mean collectively, MetaBank, a federally-chartered savings bank, member FDIC, and its divisions or assignees, and also includes, unless otherwise indicated, our Program Manager. “ Program Manager” refers to Foundry Payments, who performs certain services related to your Card on MetaBank’s behalf. The Card is nontransferable, and it may be canceled at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference. Your full fee schedule, otherwise known as the “Long Form,” is attached to and considered part of this Agreement.

1. ABOUT YOUR CARD

Your Card is a prepaid card, which allows you to access funds loaded to your Card account.  You should treat your Card with the same care as you would treat cash.  We encourage you to sign your Card when you receive it. This Card is intended for personal, family, or household use and not intended for business purposes. Your Card account does not constitute a checking or savings account and is not connected in any way to any other account you may have.  The Card is not a gift card, nor is it intended to be used for gifting purposes.  The Card is not a credit card.  You will not receive any interest on the funds in your Card account.  We may close your Card or refuse to process any transaction that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity.  You are responsible for notifying us immediately upon any change to your address, phone number, or email address.  If your address changes to a non-US address, we may cancel your Card and return funds to you in accordance with this Agreement. 

2. VERIFYING YOUR CARD

a. Important information for opening a Card account:

To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens a Card. 

b. What this means for you: 

When you request a Card, we will ask for your name, street address, date of birth, and other information that will allow us to identify you.  We may also ask to see a copy of your driver’s license or other documents at any time.  You may be limited in use and features until we have been able to successfully verify your identity.

c. Eligibility and Activation: 

To be eligible to use and activate the Card, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) the personal information that you have provided to us is true, correct and complete; (iii) you have read this Agreement and agree to be bound by and comply with its terms.

3. UNAUTHORIZED TRANSACTIONS

a. Contact in Event of Unauthorized Transfer

If you believe your Card has been lost or stolen, call or write Customer Service IMMEDIATELY at the contact information found at the beginning of this Agreement.

b. Your Liability for Unauthorized Transactions

Tell us AT ONCE if you believe your Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Calling Customer Service is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 business days after you learn of the loss or theft of your Card, you can lose no more than $50 if someone used your Card without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.
Also, if your electronic history shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date you electronically accessed your account (if the unauthorized transfer could be viewed in your electronic history), or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

c. Your Card may have some additional protections against unauthorized use

Visa Zero Liability policy covers U.S.-issued Visa-branded Cards only and does not apply to ATM transactions, PIN transactions not process by Visa, certain commercial card transactions, or unregistered cards. You must notify us promptly of any unauthorized use. For additional details visit www.visa.com/security.

d. Business Days

For purposes of this Agreement, our business days are Monday through Friday, excluding Federal holidays. Customer Service hours may differ.

4. USING YOUR CARD

a. Accessing and Loading Funds

Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and applicable fees.  If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself. You may use your Card to purchase or lease goods or services wherever your Card is honored as long as you do not exceed the value available in your Card account.
Your Card can also be used to:

You CANNOT use your Card to: (i) exchange your Card for its cash value; (ii) perform any illegal transactions; (iii) use the bank routing number and account number to make a debit transaction with any item processed as a check (these debits will be declined and your payment will not be processed); or (iv) make business-related transactions. In addition, YOU ARE NOT PERMITTED TO EXCEED THE AVAILABLE AMOUNT IN YOUR CARD ACCOUNT THROUGH AN INDIVIDUAL TRANSACTION OR A SERIES OF TRANSACTIONS.  Nevertheless, if a transaction exceeds the balance of the funds available in your Card account, you will remain fully liable to us for the amount of the transaction and agree to pay us promptly for the negative balance. If your Card has a negative balance, any deposits will be used to offset the negative balance.  We may also use any deposit or balance on another Card you have with us to offset a negative balance on this Card.

Loading the Card account: You may add funds to your Card, called “loading,” by: (i) Automated Clearing House ("ACH") loads or (ii) credit card through the Bite app. See the Limits table below for limitations on amount and frequency for different load methods. The only federal payments that may be loaded to your Card via ACH credit are federal payments for the benefit of the primary cardholder.  If you have questions about this requirement, please call Customer Service. We will reject any loads that exceed the maximum balance allowed on your Card.  There are also maximum load restrictions we may place on your Card when aggregated with any other Cards you have.  You agree to present your Card and meet identification requirements to complete load transactions as may be required from time to time.

Split Transactions: If you do not have enough funds available in your Card account, you may be able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment.  These are called “split transactions.”  Some merchants do not allow cardholders to split transactions or will only allow you to do a split transaction if you pay the remaining amount in cash.

b. Limits

Load, Withdrawal and Spend Limits*

Load Limitations

Limit

Maximum Card balance at any time

$2,000.00

Total number of times you can reload your Card

 Four (4) times per twenty-four hours, ten (10) times per seven (7) days, Fifteen (15) times per thirty (30) days.   

Maximum ACH credit

$2,000 per transaction

Minimum amount per load using a debit or credit card ]

$5.00 per transaction

* Third parties may impose additional limitations.

5. CONFIDENTIALITY

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

6. DOCUMENTATION

a. Receipts

You may be able to get a receipt at the time you make any transfer to or from your account using an a point-of-sale terminal. You may need a receipt in order to verify a transaction with us or the merchant.

b. Obtaining Card Balance Information

You may obtain information about the amount of money you have remaining in your Card account by calling Customer Service. This information, along with a 60-day history of account transactions, is also available on our app. You also have the right to obtain a sixty (60) day written history of account transactions by calling or writing Customer Service.

7. TRANSACTIONS AND PREAUTHORIZED TRANSFERS

a. Right to stop payment and procedure for doing so

If you have told usin advance to make regular payments out ofyour Card account, you can stop any of these payments.Call or write to Customer Service with the contact information located at the beginning of this Agreement in time for us to receive your request three business days or more before the payment is scheduled to be made.  If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. 

b. Notice of varying amounts

If these regular payments vary in amount, the person you are paying should tell you, at least 10 days before each payment, when it will be made and how much it will be.

c. Liability for failure to stop payment of preauthorized transfer

If you order us to stopone of these payments three business days ormore before the transfer is scheduled, and wedo not do so, we will be liable for your losses or damages.

d. Our liability for failure to complete transactions

If we do not complete a transaction to or from your Card account on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us.  However, there are some exceptions.  We will not be liable, for instance:

  1. If, through no fault of ours, you do not have enough funds available in your Card account to complete the transaction;
  2. If a merchant refuses to accept your Card;
  3. If an ATM where you are making a cash withdrawal does not have enough cash;
  4. If an electronic terminal where you are making a transaction does not operate properly and you knew about the problem when you initiated the transaction; 
  5. If access to your Card has been blocked after you reported your Card or PIN lost or stolen; 
  6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
  7. If we have reason to believe the requested transaction is unauthorized;
  8. If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
  9. For any other exception stated in our Agreement with you.

e. ATM Fees

When you use an ATM not owned by us, you may be charged a fee by the ATM operator (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

f. Preauthorized Credits

If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit should tell you every time they send us the money. You can call Customer Service to find out whether or not the deposit has been made.

g. Authorization Holds

With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses.  Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase.  Once the final payment amount is received, the preauthorization amount on hold will be removed.  During this time, you will not have access to preauthorized amounts.  If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.

8. ADDITIONAL TERMS OF THE AGREEMENT

a. Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant.  If the merchant credits your Card, the credit may not be immediately available.  While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.  We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

b. Card Replacement and Expiration

If you need to replace your Card for any reason, please contact Customer Service. See Long Form for applicable fees.  Please note that your Card has a “Valid Thru” date on the front of the Card. You may not use the Card after the “Valid Thru” date on the front of your Card.  However, even if the “Valid Thru” date has passed, the available funds on your Card do not expire.  You will not be charged a fee for replacement cards that we send due to expiration of the Card.

c. Authorized Users

If you allow another person to use the Card, you will be responsible under this Agreement for all transactions made by that person, regardless of whether you intended to be responsible for all of them, as well as all associated fees and charges, even if any of those transactions, fees or charges caused your balance to go negative.

d. Communications

You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you with any contact information you provide to us, including cellular and wireless phone numbers, landline numbers, and email addresses. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.

9. LEGAL NOTICES

a. English Language Controls

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

b. Account Closure

You may close your Card at any time by contacting Customer Service.  Your request for Card closure will not affect any of our rights or your obligations arising under this Agreement prior to the request.  Should your Card account be closed, we will issue you a credit for any unpaid balances, subject to fees as disclosed in the Long Form. We reserve the right to close your Card account should you complete or attempt to complete any of the prohibited actions in this Agreement.

c. Assignability

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

d. Legal Process

Regardless of where or how we are served, we will comply with any state or federal legal process, including, without limitation, any writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order, subpoena or warrant we believe to be valid relating to you or your Card. You agree that we will honor legal process that is served personally, by mail, or by facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Card account records are maintained. You agree that we will have no liability to you for honoring any such legal process.  You also agree that we will have no obligation to assert on your behalf any applicable exemptions to execution or attachment under any applicable state or federal law.  We will enforce a right of security interest against any of your Card accounts in order to reimburse us for our fees and expenses, including attorneys’ fees, court costs and expenses, in complying with legal process.  We may refuse to permit withdrawals or transfers from your account until such legal process is satisfied or dismissed, even if such action results in insufficient funds to satisfy an obligation you may have incurred.  We may deduct such expenses from your Card account or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees.  You agree to release and indemnify, defend and hold us harmless from all actions, claims, liabilities, losses, costs and damages including, without limitation, attorneys’ fees, associated with our compliance with any legal process.  When we receive an order instructing us to restrict access to funds in a Card account, we may remove the funds from the account and maintain them separately.

e. Other Terms

You will be notified of any change to this Agreement in the manner required by applicable law prior to the effective date of the change.  However, if the change is made for security purposes, we can implement such change without prior notice. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice).  If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement will not be affected.  This Agreement will be governed by the law of the state of South Dakota except to the extent governed by federal law.  Should your Card have a remaining balance after a certain period of inactivity, we may be required to remit the remaining funds to the appropriate state agency.

10. JURY TRIAL WAIVER

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

11. ARBITRATION CLAUSE

We have put this Arbitration Clause in question and answer form to make it easier to follow. However, this Arbitration Clause is part of this Agreement and is legally binding. For purposes of this section, our “Notice Address” is: MetaBank, National Association, Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108.

Background and Scope.

Question

Short Answer

Further Detail

What is arbitration?

An alternative to court

In arbitration, a third party arbitrator (“Arbitrator”) solves Disputes in an informal hearing.

Is it different from court and jury trials?

Yes

The hearing is private. There is no jury. It is usually less formal, faster and less expensive than a lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration awards.

Can you opt-out of this Arbitration Clause?

Yes, within 60 days

If you do not want this Arbitration Clause to apply, you must send us a signed notice within 60 calendar days after you purchase the Card. You must send the notice in writing (and not electronically) to our Notice Address. Provide your name, address and Card number. State that you “opt out” of the Arbitration Clause.

What is this Arbitration Clause about?

The parties' agreement to arbitrate Disputes

Unless prohibited by applicable law and unless you opt out, you and we agree that you or we may elect to arbitrate or require arbitration of any "Dispute" as defined below.

Who does the Arbitration Clause cover?

You, us and certain "Related Parties"

This Arbitration Clause governs you and us. It also covers certain "Related Parties": (1) our parents, subsidiaries and affiliates; (2) our employees, directors, officers, shareholders, members and representatives; and (3) any person or company that is involved in a Dispute you pursue at the same time you pursue a related Dispute with us.

What Disputes does the Arbitration Clause cover?

All Disputes (except certain Disputes about this Arbitration Clause)

This Arbitration Clause governs all “Disputes” that would usually be decided in court and are between us (or any Related Party) and you. In this Arbitration Clause, the word “Disputes” has the broadest reasonable meaning. It includes all claims even indirectly related to your Card or this Agreement. It includes claims related to the validity in general of this Agreement. However, it does not include disputes about the validity, coverage or scope of this Arbitration Clause or any part of this Arbitration Clause. (This includes a Dispute about the rule against class arbitration.) All such disputes are for a court and not an Arbitrator to decide.

Who handles the arbitration?

Usually AAA or JAMS

Arbitrations are conducted under this Arbitration Clause and the rules of the arbitration administrator in effect when the arbitration is started. However, arbitration rules that conflict with this Arbitration Clause do not apply. The arbitration administrator will be either:

  • The American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org.
  • JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com
  • Any other company picked by agreement of the parties.

If all the above options are unavailable, a court will pick the administrator. No arbitration may be administered without our consent by any administrator that would permit a class arbitration under this Arbitration Clause. The arbitrator will be selected under the administrator's rules. However, the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you and we otherwise agree.

Can Disputes be litigated?

Sometimes

Either party may bring a lawsuit if the other party does not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court.  However, we may demand arbitration of any appeal of a small-claims decision or any small-claims action brought on a class basis.

Are you giving up any rights?

Yes

For Disputes subject to this Arbitration Clause, you give up your right to:

  1. Have juries decide Disputes.
  2. Have courts, other than small-claims courts, decide Disputes.
  3. Serve as a private attorney general or in a representative capacity.
  4. Join a Dispute you have with a dispute by other consumers.
  5. Bring or be a class member in a class action or class arbitration.

We also give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate.

Can you or another consumer start a class arbitration?

No

The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Arbitration Clause must be decided in an individual arbitration or an individual small-claims action. This Arbitration Clause will be void if a court rules that the Arbitrator can decide a Dispute on a class basis and the court's ruling is not reversed on appeal.

What law applies?

The Federal Arbitration Act (“FAA”)

This Agreement and the Cards involve interstate commerce. Thus, the FAA governs this Arbitration Clause. The Arbitrator must apply substantive law consistent with the FAA. The Arbitrator must honor statutes of limitation and privilege rights. Punitive damages are governed by the constitutional standards that apply in judicial proceedings.

Will anything I do make this Arbitration Clause ineffective?

No

This Arbitration Clause stays in force even if: (1) you or we end this Agreement; or (2) we transfer or assign our rights under this Agreement.

Process.

What must a party do before starting a lawsuit or arbitration?

Send a written Dispute notice and work to resolve the Dispute

Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and not electronically) to our Notice Address. You or an attorney you have personally hired must sign the notice and must provide the Card number and a phone number where you (or your attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an individual basis.

How does an arbitration start?

Mailing a notice

If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to the terms of this Arbitration Clause. To start an arbitration, the complaining party picks the administrator and follows the administrator's rules. If one party begins or threatens a lawsuit, the other party can demand arbitration. This demand can be made in court papers. It can be made if a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop.

Will any hearing be held nearby?

Yes

The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing must be held at a place reasonably convenient to you.

What about appeals?

Very limited

Appeal rights under the FAA are very limited. The Arbitrator’s award will be final and binding. Any appropriate court may enter judgment upon the arbitrator's award.

Arbitration Fees and Awards.

Who bears arbitration fees?

Usually, we do.

We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith, cannot get a waiver of such fees and ask us to pay.

When will we cover your legal fees and costs?

If you win

If you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts and witnesses. We will also pay these amounts if required under applicable law or the administrator's rules or if payment is required to enforce this Arbitration Clause. The Arbitrator shall not limit his or her award of these amounts because your Dispute is for a small amount.

Will you ever owe us for arbitration or attorneys' fees?

Only for bad faith

The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); and (2) this power does not make this Arbitration Clause invalid.

Can an award be explained?

Yes

A party may request details from the Arbitrator, within 14 days of the ruling.  Upon such request, the Arbitrator will explain the ruling in writing.

Prepaid card is issued by MetaBank, National Association, Member FDIC, pursuant to a license from Visa U.S.A. Inc.
© 2020 MetaBank, National Association
Document ID:

FACTS

WHAT DOES METABANK®, NATIONAL ASSOCIATION DO WITH YOUR PERSONAL INFORMATION?

 

 

Why?

Financial companies choose how they share your personal information.  Federal law gives consumers the right to limit some but not all sharing.  Federal law also requires us to tell you how we collect, share, and protect your personal information.  Please read this notice carefully to understand what we do.

 

 

What?

The types of personal information we collect and share depend on the product or service you have with us.  This information can include:
  • Social Security number and Income
  • Account balances and Transaction history
  • Credit history and Assets

When you are no longer our customer, we continue to share your information as described in this notice.

 

 

How?

All financial companies need to share customers’ personal information to run their everyday business.  In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons MetaBank®, National Association (“MetaBank”) chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information

Does MetaBank share?

Can you limit this sharing?

For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

Yes

No

For our marketing purposes - to offer our products and services to you

Yes

No

For joint marketing with other financial companies

Yes

No

For our affiliates' everyday business purposes- Information about your transactions and experiences

No

We do not share

For our affiliates' everyday business purposes- Information about your creditworthiness

No

We do not share

For our affiliates to market to you

No

We do not share

For nonaffiliates to market to you

No

We do not share

 

Questions?

Go to www.metabank.com.
  1. How do I sign up for BitePay?
    You can sign up through the Bite+ mobile app.  Once you sign-up, you will receive 2 emails, one with your activation code and a second with a link to activate your card.  Simply type in your activation code and you will see you BitePay card details.   
  2. How do I add BitePay to my mobile wallet?
    Once the activation is completed, you can add your card to your mobile wallet be entering or scanning in the card number, expiration date and CVV details contained in your activation notice.  Don’t worry – your activation link will still be there if you didn’t add to wallet right away.  Just be sure to retain your code.
  3. How do I use BitePay?
    BitePay is accepted at your Sodexo dining and retail locations on campus using your mobile wallet (Apple, Google or Samsung) at the location’s existing credit card terminal.
  4. How do I check my balance?
    You can check your balance anytime on the Bite+ app. 
  5. How do I add money to my BitePay account? 
    There are multiple ways to add funds to your account.  You can add funds on the app using a bank account or credit card, or through the app you can send an invite to a parent, grandparent, friend, aunt, anyone willing to help you enjoy the benefits of BitePay.  
  6. What is the maximum card balance?
    The card balance cannot exceed $2,000. 
  7. Are there any service fees?

Account Closing Fee 

$25.00 

Account will be closed if inactive for forty-eight (48) months 

 

Check Refund Processing Fee 

$15.00 

A $15 fee will apply when a refund check is issued 

Inactivity 

$13.00 

You will be charged after you have not completed a transaction using your card for twelve 12 months. 
  1. Can I use my card at an ATM? 
    Your BitePay account does not have ATM access.  
  2. Does my card expire?
    Your card expires on the date printed on your card activation e-mail. Once that expiration date is reached, your card will no longer be usable and the funds will not be accessible. We strongly recommend that you use your card well ahead of the expiration date. 
  3. How do I use my card?
    You may use your BitePay account at specific locations that are detailed in the app. Each time you use your card, the purchase amount is automatically deducted from your card balance. Before you go shopping, you’ll need to know how much money you have available. Merchants cannot tell you how much money you have remaining on the card. 
  4. Is BitePay the same as my school’s meal plan?
    No, BitePay is a stand-alone stored value account that allows you to pay online if you do not have a school meal plan or you want to use another cash source. There is no connectivity between the institution’s meal plan and BitePay
  5. Do I need BitePay to use Bite?
    If you do not have a meal plan, you will need BitePay, as we do not currently accept credit card transactions inside of Bite.
  6. Who holds the funds for BitePay?
    The funds for BitePay are held through MetaBank, and you can close your account/withdraw remaining balances in accordance with the aforementioned service fees, terms, and conditions.  

Cookie Policy

Last Updated: August 13, 2020

This Cookie policy, set forth below, is aimed to describe the practices we follow to respect the privacy of all visitors to Bite.Sodexo.com or the Bite suite of apps or other affiliate sites with this policy displayed (“Our Site”).

In this policy, personal information means data which relates to an individual and which identifies that individual, either directly or indirectly, such as your name or your contact information.

If you have any questions regarding the processing of your personal information on Our Site, please contact us by sending an email to the following email address: privacy.noram@sodexo.com.

Our Site uses cookies and web beacons to improve Our Site’s performance and to enhance your browsing experience. Certain areas of Our Site also use cookies to understand more about you, so we can offer you a more personalized browsing experience.

WHAT IS A COOKIE?

A cookie is technology that allows Our Site to store tokens of information (an 'identifier') in your browser used only by our site.  Cookies are not used to determine the personal identity of anyone who is merely visiting Our Site. They serve to help us track traffic patterns to determine a user’s preferred location and language so that we can direct them to the correct country home page when they visit Our Site. Those cookies are set by us and called first party cookies.

On certain pages of Our Site, cookies are used to help us track your interests while you browse the internet, so we can tailor more relevant advertising to you, and to understand what is important to you.

We also use third party cookies – which are cookies from a domain different than the domain of Our Site – for our advertising and marketing efforts.

HOW DO YOU DISABLE COOKIES?

However, please be aware that if you do turn off 'cookies' in your browser, you will not be able to fully experience some of Our Sites. For example, you will not be able to benefit from automatic log-on and other personalization features of Our Site.

If you do not want to receive a cookie from Our Site, you have several options, such as opt-out of receiving them or disabling those that would have been installed on the terminal of your terminal. You can make the choice at any time to express and modify your wishes with regard to cookies, by the means described below.
Indeed, if most browsers are set by default and accept the installation of cookies, you have the option, if you wish, to choose to accept all the cookies, or to opt-out of receiving them systematically.

You can also set up your browser to accept or opt-out cookies before they are installed on a case-by-case basis. You can also regularly remove cookies from your terminal via your browser. However, please be aware that if you do turn off 'cookies' in your browser, you will not be able to fully experience some of Our Sites. For example, you will not be able to benefit from automatic log-on and other personalization features of Our Site.

Please note that you should not forget to set up all the browsers of your different terminals (e.g. tablets, smartphones, & computers).

For the management of cookies and choices, the means to configure each browser are different. It is described in the Help section of the browser, which will allow you to know how to change your wishes for cookies.

Especially, regarding audience measurement cookies, you can also disable them as follows:

WHAT COOKIES DO WE USE?

More specifically, we use cookies and other tracking technologies for the following purposes:

The cookies used by Our Site perform three functions, as classified below:

ESSENTIAL/STRICTLY NECESSARY COOKIES

Some cookies we use are essential to the functioning of Our Site. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site may not work then.

PERFORMANCE COOKIES

Some cookies help us with the performance and design of Our Site. This allows us to measure how many times a page has been visited and to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.

TARGETING AND TRACKING COOKIES

These cookies are set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant ads on other sites. They work by uniquely identifying your browser and device. If you do not allow these cookies, you will not experience our targeted advertising across different websites.

These cookies collect information relating to the origin of your visit, where you were exposed to Sodexo advertising, what advertising feature you saw, whether you arrived directly or indirectly to Our Site, the device you used to visit Our Site and which downloads you performed. This information is collected on an anonymous basis via third party suppliers.

In addition, we also utilize cookies on certain pages of Our Site to communicate with third party data suppliers in order to extrapolate your digital behavior. This help us to understand and target more relevant advertising in the future. The information we receive is all aggregate and anonymous, but will include statistics such as demographics, online behavior, product interests and lifestyle. Targeting and tracking cookies are provided via trusted third-party suppliers. Should you require more information regarding our suppliers and how these cookies operate please contact us by sending an email to the following email address: privacy.noram@sodexo.com.

WEB BEACONS

Sodexo occasionally advertises on third party web sites. As part of our effort to track the success of our advertising campaigns, we may at times use a visitor identification technology such as "web beacons," or "action tags," which count visitors who have come to Our Site after being exposed to a Sodexo banner ad on a third party site. We do not use this technology to access your personal information and it is only used to compile aggregated statistics about visitors who come to Our Site to gauge the effectiveness of our ads.

CHANGES TO THIS COOKIE POLICY

Sodexo may change this Cookie policy statement as needed. If changes to the policy are made, please note that it may take up to 30 business days before new privacy practices are implemented. Check this page periodically if you would like to monitor changes.

REQUESTS

If you have questions about use of your personal data or a request regarding your personal data, you can contact us by writing to us at the following address - privacy.noram@sodexo.com. Please state your last name, first name and provide your question or request. We will most likely ask you for additional information in order to identify you and to enable us to handle your request.

If you are dissatisfied with our response, you may then seek further recourse by contacting the competent Supervisory Authority or the relevant competent court. You may also contact our lead Supervisory Authority, the French Supervisory Authority (the “CNIL”, www.cnil.fr).

CONTACT US

If you have questions or you do not feel that your concerns have been addressed in this Cookie policy, please contact us by sending an email to the following email address: privacy.noram@sodexo.com or contact our Group Data Protection Officer, by sending an email at the following email address: dpo.group@sodexo.com.