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Submission: On May 27 via api from US — Scanned from DE
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Submission: On May 27 via api from US — Scanned from DE
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<div><strong>KUBRA TERMS OF USE</strong>
<br><br> Last updated: February 14, 2024 <br><br>
<strong>KUBRA SERVICES</strong>
<br><br> KUBRA (“we” or “us”) is a third-party service provider that offers electronic bill presentment and payment services (the “Services”) to various companies (KUBRA’s “Clients”). Depending on the particular setup, the Services may be
accessed by a user to sign up for notifications, view bills, make one time or recurring payments as well as other related functions. These functions may be accessed from a variety of contact points such as: online through a website; a
mobile application; notifications through email, SMS text or push notifications; an interactive voice response (IVR) system; a self-service kiosk; or a retail location that accepts cash payments. <br><br>
<strong>ACCEPTANCE OF TERMS</strong>
<br><br> By accessing the Services you acknowledge and agree to be bound by the following Terms of Use as well as all applicable laws. Please take notice that with limited exceptions, all disputes between you and us regarding these Terms
of Use are subject to binding arbitration on an individual basis rather than jury trials, including class action lawsuits, in courts and only specific remedies are available to you. <br><br>
<strong>CONDITIONS FOR USE</strong>
<br><br> By accepting these Terms of Use you represent and warrant that: <ol>
<li>Any information you provide is true, accurate, current, and complete.</li>
<li>You are at least 18 years of age and able to form legally binding contracts under applicable law.</li>
<li>You have not misrepresented your identity.</li>
<li>You are the legal owner of all accounts that are associated with payments made by you through the Services and you are legally authorized to make payments using those accounts.</li>
<li>You will not have a third party such as a debt consolidator, make payments on your behalf.</li>
<li>You will not request a reversal of a legitimate payment transaction and understand that if you do your right to use the Services for future payments may be revoked.</li>
<li>Your use of the Services will not violate any law or regulations.</li>
</ol> As a user of the Services you may be submitting bank account, card information, or other personal information such as your email address and phone number to KUBRA and KUBRA’s Client. You are responsible for any legal, regulatory, or
banking penalties and fees that may result from supplying false information. You may use the Services to make payments on consumer and/or commercial accounts, depending on configuration. If the account used to make a payment is a banking
or card account for your business, then you must be an authorized signer on the account. We only process ACH payments in US dollars. Further, you affirm that the payment you are making is not associated with a foreign bank account. We do
not support International ACH Transactions (IAT). <br><br> By using the Services to send payment instructions to KUBRA, you authorize KUBRA to send a message to your bank, card provider, or financial network to verify account details and
to charge your account and to send those funds to the designated bank account of the business whose bill you are paying. <br><br>
<strong>FEES</strong>
<br><br> In consideration of the use of the Services, when making a payment you agree to pay a service fee, also known as a convenience fee, for each transaction initiated by you (where applicable). The applicable fee will be provided to
you prior to your final authorization of the transaction. If you are paying by card or by your bank account, your card will be charged or your bank account debited for the amount of the payment plus the service fee, or a separate amount
depending on the configuration. If you are making a cash payment, the service fee must be paid at the time of the payment transaction. You agree to have sufficient funds available to pay your payment amount and the service fee. Recipients
or other third parties may choose to subsidize a portion of your service fee. If a subsidy is applicable it will be presented to you during review of your payment prior to submission. <br><br> If any payment is returned unpaid from your
financial institution for any reason you may be charged a return payment fee. In addition, there could be charges that may be assessed by your card issuer, or your receiving bank, based on the terms of the agreement you may have with
those entities, and KUBRA will not be liable for any recoupment of fees assessed to you. The principal funds do not pass into KUBRA’s ownership at any time. KUBRA uses a bank processor as the payment processor and any funds will go to the
Payee’s account. <br><br>
<strong>SCHEDULED AND RECURRING PAYMENTS</strong>
<br><br> Users may set up scheduled or recurring payments by storing their billing information on their account. By setting up scheduling a payment or setting up recurring payments you authorize us to make one time or repeated payments to
your account based on the amount of the bill you receive, plus applicable convenience, service, or surcharge fee, and or unscheduled charges to your payment account for future purchases you verbally or otherwise may authorize from time to
time, and if necessary, initiate adjustments for any transactions credited in error. You hereby authorize and abide by the refund policy as set forth in this Terms of Use. This authority will remain in effect until notified by you in
writing in such time as to afford us a reasonable opportunity to act upon it. <br><br>
<strong>LIMITS</strong>
<br><br> Your payment account or your cash payment may be blocked from acceptance if in KUBRA’s opinion the payment poses risks to KUBRA’s business. KUBRA may impose limits in terms of the number of payments made or the value of a
transaction in accordance with any of the following: limitations established by payment brands, limits established by retailers, payment processors, or KUBRA’s risk policy. <br><br> Use of the Services is subject to applicable law and all
applicable rules of any clearinghouse or payment network involved in collecting or processing your payment. <br><br>
<strong>OVERPAYMENT</strong>
<br><br> If your payment is returned for any reason, you may be liable for a return payment fee. If you over pay on your account, you may not be entitled to a refund. If a refund is allowed, it will be processed to the same payment
account that the payment came from. If it is processed via ACH, refunds will not be made until at least 10 business days after KUBRA receives the refund request. <br><br> If your card issuer is not located in the United States, and if a
transaction is a chargeback, you will be responsible for the actual amount of the chargeback transaction which may be greater than the amount of the initial transaction due to currency conversion. <br><br>
<strong>TIMING OF PAYMENTS</strong>
<br><br> If your payment is received after the due date of your bill, for any reason, you will remain responsible for any late charges and interest assessed. As a result, we recommend that you authorize your payment at least four (4)
business days before the actual due date. It is the day your payment is received, not the day that instructions are sent that determines if your bill was paid on time. <br><br>
<strong>PRIVACY POLICY</strong>
<br><br> KUBRA respects your privacy. The information you provide enables us to provide the Services to you. Information collected will be used for the purpose of providing the Services or general enquiries related to the Services or
otherwise as required by law. Please refer to KUBRA’s online Privacy Policy for information concerning KUBRA’s use of your information. <br><br>
<strong>UNAUTHORIZED ACCESS</strong>
<br><br> The Services are provided for legitimate business purposes only. Any actual or attempted unauthorized access, use or modification of this system is prohibited. The use of the Services may be monitored for security reasons. Anyone
accessing the Services expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity KUBRA may provide evidence of such activity to law enforcement officials. <br><br>
<strong>DISCLAIMERS</strong>
<br><br>
<i>
The Services, information, data features, and all content and all services associated with the Services or provided
through the Services are provided to you on an "as-is" and "as available" basis. KUBRA, its affiliates (and our
service providers) expressly disclaim any warranties and conditions of any kind, whether express or implied, as to
the content or operation of the Services. You expressly agree that your use of the Services is at your sole risk.
<br><br>
Neither KUBRA, its affiliates, or service providers make any representations, warranties, or guarantees, express or
implied regarding the accuracy, reliability, or completeness of the content on the site or of the services and
expressly disclaims any warranties of non-infringement or fitness for a particular purpose. Neither KUBRA, its
affiliates, or its suppliers make any representation, warranty or guarantee that the content that may be available
through the services is free of infection from any viruses or other code or computer programming routines that
contain contaminating or destructive properties or that are intended to damage, surreptitious intercept, or
expropriate any system data or personal information.
<br><br>
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
</i>
<br><br>
<strong>LIMITATION OF LIABILITY</strong>
<br><br>
<i>
In no event shall KUBRA be liable for any special, indirect, or consequential damages. KUBRA’s total liability for
damages related to the Services shall be limited to the specific dollar amount of the fees paid to KUBRA for the
particular payment transaction which is the subject matter of the claim for damage.
</i>
<br><br>
<strong>CHANGES TO SERVICES AND TERMINATION OF SERVICE</strong>
<br><br> KUBRA reserves the right to change or discontinue, temporarily or permanently the Services at any time, or to terminate your use of the Services. The Terms of Use may have been altered or amended from the last time you used the
Services so be sure to read it each time before accessing the Services to be certain you still agree with the provisions. <br><br>
<strong>GOVERNING LAW AND SEVERABILITY</strong>
<br><br> The Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another
jurisdiction. <br><br> The Terms of Use (including the Privacy Policy) constitutes the entire agreement between you and KUBRA regarding the use of the Service. <br><br> If any provision of the Terms of Use is, for any reason, held to be
invalid or unenforceable, the other provisions of the Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. <br><br>
<strong>DISPUTE RESOLUTION</strong>
<br><br>
<strong>PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.</strong>
<br><br>
<i>
Except for either party's claims of infringement or misappropriation of the other party's patent, copyright,
trademark,
or trade secret, any and all disputes between you and KUBRA arising under or related in any way to these Terms of
Use,
must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended
to be
interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the
Services.
<br><br>
You agree that by agreeing to these terms of use, you and KUBRA are each waiving the right to trial by jury or to
participate in a class action. You and KUBRA agree that each may bring claims against the other only in your or its
individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any
arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
<br><br>
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer
Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where
the
total amount of the award sought is $10,000 or less, the AAA, you and KUBRA must abide by the following rules: (a)
the
arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim
exceeds
$10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in
your
choice of the following locations: Tempe, AZ or New York, NY. The arbitrator's ruling is binding and may be entered
as a
judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a
court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or
federal
courts located in New York City, New York. Claims of infringement or misappropriation of the other party's patent,
copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New
York
City, New York.
</i>
<br><br>
<strong>INTELLECTUAL PROPERTY</strong>
<br><br> This website and the Services, the content and all related intellectual property are owned by KUBRA or third parties and all right, title, and interest therein shall remain the property of KUBRA and/or such other third parties.
The misuse of any of the intellectual property is expressly prohibited. <br><br>
<strong>PRODUCT SPECIFIC TERMS</strong>
<br><br>
<strong>NOTICE SPECIFIC TO SMS SERVICE</strong>
<br><br> KUBRA Clients’ messaging program allows customers to receive, via SMS, Receipt notifications from purchases and/or opt into notifications for when their Payment is Due and other payment related alerts. Receipt enrollment occurs
after providing your account information and adding an optional Mobile Number in our Receipt Notification User Interface. In addition you may also opt into recurring messages for Payment Due and other alerts by selecting a specific toggle
in the UI. Message Frequency depends on account activity. Message and data rates may apply. Reply help for Help. Reply STOP to opt-out. <br><br>
<strong>MAKING A PAYMENT USING KUBRA EZ-PAY RETAIL CASH PAYMENTS</strong>
<br><br> KUBRA EZ-PAY Retail Cash Payments (RCP) permits you to make cash payments for services or bills at participating retailers using an EZ-Payslip barcode or token provided on a customer invoice, mobile phone, or printed from the
web. <ol>
<li>If EZ-Payslip is not already printed on the invoice, create EZ-Payslip through KUBRA EZ-PAY online or mobile application by printing the EZ-Payslip from the web or sending it to your mobile device by text message.</li>
<li>Take EZ-Payslip to retailer selected and follow EZ-Payslip instructions.</li>
<li>Advise retail clerk/personnel how much you want to pay. Clerk will tender payment including a convenience fee. </li>
<li>Retail clerk/personnel will provide receipt of confirmation of payment. Additionally, if an EZ-Payslip was created by web or mobile, an electronic confirmation of the payment may be texted or emailed to you.</li>
<li>The company or entity that you made the payment to (the “Payee”) will also be notified of such payment.</li>
<li>Retain the paper receipt you received from the retailer as a record of your payment.</li>
<li>Retain reusable EZ-Payslip for future payments.</li>
<li>For questions regarding crediting of payment and all other customer service inquiries, please contact the Payee to whom payment is intended.</li>
</ol>
<strong>CONDITIONS OF USE FOR KUBRA EZ-PAY RETAIL CASH PAYMENTS (RCP)</strong>
<br><br>
<ol>
<li>Your ability to make a payment, and the permitted amount of any payment, remains subject to authorization by the Payee and any applicable terms and conditions established by the Payee, and the retailer and the payment network
partner. Funds remitted through your use of the KUBRA EZ-PAY RCP service will be made available or credited to you, as applicable, by the Payee in accordance with the terms and conditions established by the Payee. KUBRA is not
responsible for any delay with respect to when funds remitted to the Payee will be made available or credited to you, or any failure of the Payee to accept or properly process any funds remitted to it.</li>
<li>The EZ-Payslip barcode or Token has no value associated with it and may only be used to identify your account to which you may direct a payment. You are responsible for all payments initiated using the EZ-Payslip barcode or Token.
</li>
<li>All payments made at the retailer are final and non-refundable.</li>
<li>If a convenience fee is applicable, the convenience fee must be paid at the time the cash payment is made in order for the transaction to be authorized.</li>
<li>Retailers are only authorized to accept cash payment.</li>
<li>By accepting the EZ-Payslip barcode or Token or using the EZ-Payslip barcode or token to make a payment, you agree that you will receive your transaction receipt printed and electronically.</li>
</ol>
<br><br>
<strong>APPLE APP STORE ADDITIONAL TERMS OF USE</strong>
<br><br> The following additional terms of use apply to you if you are using an app from the Apple App Store (an “Apple App”). To the extent the other terms of use of this Agreement are less restrictive than, or otherwise conflict with,
the terms of use of this Section, the more restrictive or conflicting terms of use in this Section apply, but solely with respect to Apple Apps from the Apple App Store. <br><br>
<strong>Acknowledgement:</strong> KUBRA and you acknowledge that this Agreement is concluded between KUBRA and you only, and not with Apple, and KUBRA, not Apple, is solely responsible for the Apple App and the content thereof. <br><br>
<strong>Scope of License:</strong> The license granted to you for the Apple App is limited to a non-transferable license to use the Apple App on an iOS Product that you own or control and as permitted by the usage rules set forth in the
App Store Terms of Service. <br><br>
<strong>Maintenance and Support:</strong> KUBRA is solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in this Agreement (if any), or as required under applicable law. KUBRA
and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App. <br><br>
<strong>Warranty:</strong> KUBRA is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable
warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple
App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be KUBRA's sole responsibility. <br><br>
<strong>Product Claims:</strong> KUBRA and you acknowledge that KUBRA, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but
not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement
does not limit KUBRA’s liability to you beyond what is permitted by applicable law. <br><br>
<strong>Intellectual Property Rights:</strong> KUBRA and you acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringes that third party's intellectual property rights,
KUBRA, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. <br><br>
<strong>Legal Compliance:</strong> You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country;
and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. <br><br>
<strong>Developer Name and Address:</strong> KUBRA’s contact information for any end-user questions, complaints, or claims with respect to the Apple App is: media@kubra.com. <br><br>
<strong>Third-Party Terms of Agreement:</strong> You must comply with applicable third-party terms of agreement when using the Apple App. <br><br>
<strong>Third-Party Beneficiary:</strong> KUBRA and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this
Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. <br><br>
<strong>COPYRIGHT NOTICE.</strong>
<br><br> Copyright © 2024 KUBRA Data Transfer Ltd. All rights reserved.
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<strong>KUBRA PRIVACY NOTICE</strong>
<br> <br> Last updated: September 27, 2023 <br> <br> KUBRA (“we”, “our” or “us”) offers customer experience management solutions to Service Providers in various industries such as utilities, government entities, and insurance providers.
Depending on the setup of the Service Provider that uses KUBRA’s services, KUBRA’s solution may include functions such as the ability to view and pay bills online or through a mobile app, receive and configure notifications, as well as
other related functions (collectively the “KUBRA Services”). <br> <br> This Privacy Notice (the “Notice”) describes how we handle personal information such as your email, bank account number, bank card number, credit or debit card
number, address, name, home or work address or telephone number that may be collected in connection with the operation of the KUBRA Services. <br> <br> KUBRA may also collect anonymous demographic information, which is not unique to you
such as your ZIP code, age, gender, preferences, interests, and favorites. <br> <br> This Notice applies only to information that KUBRA obtains through the KUBRA Services and describes how we can use the information we obtain and with
whom we may share it. KUBRA does not sell any personal information to third parties. This Notice does not describe the privacy practices of the utilities, insurance companies, government agencies and other service providers which
use the KUBRA Services as a payment platform (collectively, the “Service Providers”). <br> <br>
<strong>WHAT INFORMATION WE OBTAIN</strong>
<br> We obtain different types of information, including personal information, through the KUBRA Services. This information may be provided by you, such as when you create an account, it may be automatically collected from your
browser or mobile device using technologies such as cookies, or it may be obtained from other sources. <br> <br>
<strong>Information you provide:</strong>
<br> We obtain information you provide in relation to your use of the KUBRA Services, including when you make a payment. This may include:
</p>
<ul>
<li>your contact information, including your name, email address and phone number;</li>
<li>your account numbers for the Service Providers with whom you engage; and</li>
<li>your bank account number or debit or credit card number information (including payment card number, expiry date, and security code).</li>
</ul>
<br> We may also obtain information you provide us about others, such as the phone number and email address of the recipients to whom you want to send a receipt of the bill payment, if you choose to share the receipt with others. <br>
<br> If you contact us with any questions or requests relating to the KUBRA Services, we obtain the information you provide to us in connection with your inquiry or request. <br> <br>
<strong>Cookies and Internet Technology: </strong>
<br> We may use internet technologies such as cookies and web beacons or other similar technologies to automatically obtain certain information when you access the KUBRA Services from your web browser or mobile device, such as information
about the number and frequency of visitors, technical information about browsers and devices used to access the KUBRA Services, and information about crashes or other technical issues. In addition, we may automatically collect certain
information across the browsers and devices you use to access the KUBRA Services as well as across third-party sites, apps or other media. These technologies may assign or collect a unique identifier on your browser or device, and may
reside, among other places, on your computer or device, within webpages or mobile apps. We may use these technologies to administer the KUBRA Services, understand usage of the KUBRA Services and improve the content and offerings of the
KUBRA Services. <br> <br>
<strong>Information we obtain from other sources:</strong>
<br> We may obtain information about you from third parties, including the Service Providers with whom you engage. <br> <br>
<strong>HOW WE USE INFORMATION WE OBTAIN </strong>
<br> We may use the information we obtain through the KUBRA Services for a number of purposes, including, but not limited to: <ul>
<li>providing you with the KUBRA Services, as well as information you may request;</li>
<li>marketing and advertising the KUBRA Services and other KUBRA products and services;</li>
<li>sending you communications, including informational and marketing communications;</li>
<li>improving the KUBRA Services we provide and customizing the user experience;</li>
<li>generating and analyzing statistics about your use of the KUBRA Services;</li>
<li>detecting, preventing, and responding to violations of this Notice or the Terms of Use, violations of law, or other misuse of the KUBRA Services; and</li>
<li>supporting our business operations.</li>
</ul>
<strong>Interest-based advertising:</strong>
<br> KUBRA has relationships with advertising companies who may use technology such as cookies and web beacons to provide you with advertising related to the use of KUBRA Services. To learn more about your rights in relation to this
ad network interest-based advertising on your browser, including your choice to opt out, you can follow the instructions provided by
the <a href="http://www.aboutads.info/">Digital Advertising Alliance (“DAA”) </a>and/or <a href="http://optout.networkadvertising.org/">the Network Advertising Initiative (“NAI”) </a>to place an opt-out cookie on your
browser. These opt-out cookies enable you to block participating companies from installing future cookies on your computer or browser. If you place opt-out cookies but subsequently clear or delete cookies on your computer or device
browser, your opt-out cookies may be deleted and you may have to renew your opt-out choices for that specific browser. <br> <br> To limit interest-based advertising on your mobile device, you can review and adjust the settings provided by
your device manufacturer, such as <a href="https://support.apple.com/en-lamr/HT202074">“Limit Ad Tracking” </a>for iOS
or <a href="https://policies.google.com/technologies/ads?hl=en">“Opt-out of interest-based ads” </a>for Android. <br> <br> These opt-out mechanisms are provided by third parties. KUBRA does not control or operate these
mechanisms or the choices provided through these mechanisms. <br> <br>
<strong>WITH WHOM WE SHARE INFORMATION </strong>
<br> We may share the information we obtain from you through the KUBRA Services: <ul>
<li>with the Service Providers with whom you engage;</li>
<li>with our affiliates and subsidiaries;</li>
<li>with third parties that provide services or handle transactions on our behalf;</li>
<li>as we believe is necessary or appropriate to protect, enforce, or defend our legal rights, the privacy or safety of our employees, users of the KUBRA Services or other individuals and entities, or to comply with or enforce
applicable law or legal process, including responding to court orders, warrants, subpoenas and other requests from public and government authorities;</li>
<li>we reserve the right to transfer any of the information we have about you to proceed with the consideration, negotiation, or completion of a sale or transfer of all or a portion of our business or assets to a third party, such as in
the event of a merger, acquisition or other disposition, or in connection with a bankruptcy reorganization, dissolution, or liquidation; and</li>
<li>we may share your information with third parties when you consent to or request such sharing.</li>
</ul>
<br>
<strong>HOW WE PROTECT YOUR INFORMATION </strong>
<br> We maintain reasonable administrative, technical, and physical safeguards to protect the personal information we obtain through the KUBRA Services. However, no method of transmission over the internet, or method of electronic
storage, is 100% secure. If you create an account to use the KUBRA Services, you are responsible for keeping your password secure. <br> <br>
<strong>THIRD-PARTY LINKS AND FEATURES </strong>
<br> The KUBRA Services may contain links to third-party websites, mobile apps or features, including through social media features and widgets on our website. KUBRA is not responsible for the collection and use of your information by
such third parties. We encourage you to review the privacy policies or other similar statements applicable to third-party websites, mobile apps or features. <br> <br>
<strong>ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS</strong>
<br> Under California law, specific disclosures are required and California residents have additional rights regarding their personal information. Please review this section to learn more. <br> <br>
<strong>Residents of California may have the following rights:</strong>
<ol>
<li>Right to access your personal information. You may request to access the categories and specific pieces of personal information that we collected about you in connection with your use of the KUBRA Services. </li>
<li>Right to deletion. Subject to certain exceptions, you may ask us to delete the personal information we collected about you in connection with your use of the KUBRA Services. </li>
<li>Right to disclosure. You may request to receive additional details about the sources from which we collect your personal information, the reasons we collect and share your personal information, and the types of third parties with
which we share the information we collected about you in connection with your use of the KUBRA Services.</li>
<li>Right to opt out of sales. Under the CCPA, certain types of sharing of personal information may constitute a “sale” of your personal information. KUBRA does not “sell” the personal information we collected about you in connection
with your use of the KUBRA Services.</li>
<li>Right to be free from discrimination. You may exercise any of the above rights without fear of being denied goods or services, including access to the Tools. We are permitted to provide a different level of service or charge a
different rate if the difference is reasonably related to the value of your data.</li>
</ol>
<br> If you would like to exercise any of your CCPA rights related to your use of the KUBRA Services, please contact us by email as indicated in the Contact Us section below. <br> <br> Please note that KUBRA is not responsible for the
data handling practices of the utilities, insurance companies, government agencies and other service providers for which you may use the KUBRA Services as a payment platform (<u>i.e.</u>, the Service Providers). If you want to
exercise your CCPA rights with respect to the personal information the Service Providers collect and maintain about you, you will need to contact them directly to exercise your CCPA rights. <br> <br>
<strong>Your Shine the Light California Rights (CA Civil Code § 1798.83)</strong>
<br> Residents of California may request a list of third parties to which certain personal information (as defined by applicable California law) obtained through the KUBRA Services and disclosed by KUBRA during the preceding year for
those third parties’ direct marketing purposes. If you are a California resident and want such a list, please write to us at 40 E Rio Salado Pkwy, Suite 535, Tempe, AZ, 85281. For all requests, you must put the statement “Your California
Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for
our response. Please note that we will not accept requests via other contact channels, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information. <br> <br>
<strong>Do Not Track </strong>
<br> KUBRA does not currently take steps to respond to browsers “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time. <br> <br>
<strong>NON-U.S. VISITORS</strong>
<br> The KUBRA Services are intended for U.S. users. If you are located outside of the United States, please note that the personal information we collect in connection with your use of the KUBRA Services will be transferred to the United
States and other countries. <br> <br>
<strong>CHILDREN’S INFORMATION </strong>
<br> The KUBRA Services are not directed to, nor do we knowingly collect personal information from, children under the age of 13. If you become aware that your child or any child under your care has provided us with information without
your consent, please contact us as indicated below. <br> <br>
<strong>CHANGES TO THIS PRIVACY NOTICE </strong>
<br> We may update this Notice from time to time to reflect changes in our privacy practices or applicable laws. We will notify you of these changes by publishing the updated version on our website and indicate at the top of the Notice
when it was most recently updated. Your use of the KUBRA Services will be governed by the current version of this Notice. <br> <br>
<strong>DISPUTES </strong>
<br> Any dispute you may have arising under this Notice will be resolved in accordance with the Terms of Use. <br> <br>
<strong>CONTACT US </strong>
<br> If you have any questions about this Notice or you would like to review or request changes to the information collected in connection with your use of the KUBRA Services, please contact us
<a href="https://kubra.zendesk.com/hc/en-us/requests/new">here</a>. <br> <br>
<strong>SUPPLEMENTAL NOTICE TO EU RESIDENTS</strong>
<br> <br>
<strong>Lawful Grounds</strong>
<br> If you are a resident of the EU, this notice describes how KUBRA acts in accordance with the General Data Protection Regulation (“GDPR”). KUBRA relies on legitimate interest to process your data for the purposes described in the Use
of Personal Information section above. <br> <br>
<strong>Transfer of Data</strong>
<br> KUBRA operates its Services from the United States and Canada, meaning your personal data may be transferred to the US, Canada and/or to countries outside of the EU. Whenever your personal data is transferred outside the EU, KUBRA
will take all reasonable steps necessary to ensure the data is secure and treated in accordance with KUBRA’s privacy policy. <br> <br> Where required by the GDPR, appropriate safeguards, such as the standard contractual clauses approved
by the European Commission will be put in place. <br> <br>
<strong>Right to Withdraw Consent </strong>
<br> In the circumstance where KUBRA may require your consent in processing your personal data, you have a right to withdraw your consent for such processing at any time. To withdraw your consent, please contact us
<a href="https://kubra.zendesk.com/hc/en-us/requests/new">here</a>. Once your withdrawal notification is received, KUBRA will no longer process the information for the specific purpose(s) for which the original consent was given, unless
it is done for a legal basis. <br> <br>
<strong>Requests</strong>
<br> Under the GDPR you have the right to: <ul>
<li>Request access to your personal data</li>
<li>Request the rectification of personal data</li>
<li>Object to the processing of your personal data</li>
<li>Request the erasure of your personal data</li>
<li>Request the transfer of your personal data to another party</li>
<li>File a complaint with a supervisory authority</li>
</ul> Please contact us <a href="https://kubra.zendesk.com/hc/en-us/requests/new">here</a>, if you would like the exercise any of these rights. We will respond to your request within a month.<p></p>
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Terms of Use
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Privacy Policy
Terms of Use
KUBRA TERMS OF USE
Last updated: February 14, 2024
KUBRA SERVICES
KUBRA (“we” or “us”) is a third-party service provider that offers electronic
bill presentment and payment services (the “Services”) to various companies
(KUBRA’s “Clients”). Depending on the particular setup, the Services may be
accessed by a user to sign up for notifications, view bills, make one time or
recurring payments as well as other related functions. These functions may be
accessed from a variety of contact points such as: online through a website; a
mobile application; notifications through email, SMS text or push notifications;
an interactive voice response (IVR) system; a self-service kiosk; or a retail
location that accepts cash payments.
ACCEPTANCE OF TERMS
By accessing the Services you acknowledge and agree to be bound by the following
Terms of Use as well as all applicable laws. Please take notice that with
limited exceptions, all disputes between you and us regarding these Terms of Use
are subject to binding arbitration on an individual basis rather than jury
trials, including class action lawsuits, in courts and only specific remedies
are available to you.
CONDITIONS FOR USE
By accepting these Terms of Use you represent and warrant that:
1. Any information you provide is true, accurate, current, and complete.
2. You are at least 18 years of age and able to form legally binding contracts
under applicable law.
3. You have not misrepresented your identity.
4. You are the legal owner of all accounts that are associated with payments
made by you through the Services and you are legally authorized to make
payments using those accounts.
5. You will not have a third party such as a debt consolidator, make payments
on your behalf.
6. You will not request a reversal of a legitimate payment transaction and
understand that if you do your right to use the Services for future payments
may be revoked.
7. Your use of the Services will not violate any law or regulations.
As a user of the Services you may be submitting bank account, card information,
or other personal information such as your email address and phone number to
KUBRA and KUBRA’s Client. You are responsible for any legal, regulatory, or
banking penalties and fees that may result from supplying false information. You
may use the Services to make payments on consumer and/or commercial accounts,
depending on configuration. If the account used to make a payment is a banking
or card account for your business, then you must be an authorized signer on the
account. We only process ACH payments in US dollars. Further, you affirm that
the payment you are making is not associated with a foreign bank account. We do
not support International ACH Transactions (IAT).
By using the Services to send payment instructions to KUBRA, you authorize KUBRA
to send a message to your bank, card provider, or financial network to verify
account details and to charge your account and to send those funds to the
designated bank account of the business whose bill you are paying.
FEES
In consideration of the use of the Services, when making a payment you agree to
pay a service fee, also known as a convenience fee, for each transaction
initiated by you (where applicable). The applicable fee will be provided to you
prior to your final authorization of the transaction. If you are paying by card
or by your bank account, your card will be charged or your bank account debited
for the amount of the payment plus the service fee, or a separate amount
depending on the configuration. If you are making a cash payment, the service
fee must be paid at the time of the payment transaction. You agree to have
sufficient funds available to pay your payment amount and the service fee.
Recipients or other third parties may choose to subsidize a portion of your
service fee. If a subsidy is applicable it will be presented to you during
review of your payment prior to submission.
If any payment is returned unpaid from your financial institution for any reason
you may be charged a return payment fee. In addition, there could be charges
that may be assessed by your card issuer, or your receiving bank, based on the
terms of the agreement you may have with those entities, and KUBRA will not be
liable for any recoupment of fees assessed to you. The principal funds do not
pass into KUBRA’s ownership at any time. KUBRA uses a bank processor as the
payment processor and any funds will go to the Payee’s account.
SCHEDULED AND RECURRING PAYMENTS
Users may set up scheduled or recurring payments by storing their billing
information on their account. By setting up scheduling a payment or setting up
recurring payments you authorize us to make one time or repeated payments to
your account based on the amount of the bill you receive, plus applicable
convenience, service, or surcharge fee, and or unscheduled charges to your
payment account for future purchases you verbally or otherwise may authorize
from time to time, and if necessary, initiate adjustments for any transactions
credited in error. You hereby authorize and abide by the refund policy as set
forth in this Terms of Use. This authority will remain in effect until notified
by you in writing in such time as to afford us a reasonable opportunity to act
upon it.
LIMITS
Your payment account or your cash payment may be blocked from acceptance if in
KUBRA’s opinion the payment poses risks to KUBRA’s business. KUBRA may impose
limits in terms of the number of payments made or the value of a transaction in
accordance with any of the following: limitations established by payment brands,
limits established by retailers, payment processors, or KUBRA’s risk policy.
Use of the Services is subject to applicable law and all applicable rules of any
clearinghouse or payment network involved in collecting or processing your
payment.
OVERPAYMENT
If your payment is returned for any reason, you may be liable for a return
payment fee. If you over pay on your account, you may not be entitled to a
refund. If a refund is allowed, it will be processed to the same payment account
that the payment came from. If it is processed via ACH, refunds will not be made
until at least 10 business days after KUBRA receives the refund request.
If your card issuer is not located in the United States, and if a transaction is
a chargeback, you will be responsible for the actual amount of the chargeback
transaction which may be greater than the amount of the initial transaction due
to currency conversion.
TIMING OF PAYMENTS
If your payment is received after the due date of your bill, for any reason, you
will remain responsible for any late charges and interest assessed. As a result,
we recommend that you authorize your payment at least four (4) business days
before the actual due date. It is the day your payment is received, not the day
that instructions are sent that determines if your bill was paid on time.
PRIVACY POLICY
KUBRA respects your privacy. The information you provide enables us to provide
the Services to you. Information collected will be used for the purpose of
providing the Services or general enquiries related to the Services or otherwise
as required by law. Please refer to KUBRA’s online Privacy Policy for
information concerning KUBRA’s use of your information.
UNAUTHORIZED ACCESS
The Services are provided for legitimate business purposes only. Any actual or
attempted unauthorized access, use or modification of this system is prohibited.
The use of the Services may be monitored for security reasons. Anyone accessing
the Services expressly consents to such monitoring and is advised that if such
monitoring reveals possible evidence of criminal activity KUBRA may provide
evidence of such activity to law enforcement officials.
DISCLAIMERS
The Services, information, data features, and all content and all services
associated with the Services or provided through the Services are provided to
you on an "as-is" and "as available" basis. KUBRA, its affiliates (and our
service providers) expressly disclaim any warranties and conditions of any kind,
whether express or implied, as to the content or operation of the Services. You
expressly agree that your use of the Services is at your sole risk.
Neither KUBRA, its affiliates, or service providers make any representations,
warranties, or guarantees, express or implied regarding the accuracy,
reliability, or completeness of the content on the site or of the services and
expressly disclaims any warranties of non-infringement or fitness for a
particular purpose. Neither KUBRA, its affiliates, or its suppliers make any
representation, warranty or guarantee that the content that may be available
through the services is free of infection from any viruses or other code or
computer programming routines that contain contaminating or destructive
properties or that are intended to damage, surreptitious intercept, or
expropriate any system data or personal information.
Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
LIMITATION OF LIABILITY
In no event shall KUBRA be liable for any special, indirect, or consequential
damages. KUBRA’s total liability for damages related to the Services shall be
limited to the specific dollar amount of the fees paid to KUBRA for the
particular payment transaction which is the subject matter of the claim for
damage.
CHANGES TO SERVICES AND TERMINATION OF SERVICE
KUBRA reserves the right to change or discontinue, temporarily or permanently
the Services at any time, or to terminate your use of the Services. The Terms of
Use may have been altered or amended from the last time you used the Services so
be sure to read it each time before accessing the Services to be certain you
still agree with the provisions.
GOVERNING LAW AND SEVERABILITY
The Terms of Use shall be governed by and construed solely and exclusively in
accordance with the laws of the State of New York, USA without giving effect to
any law that would result in the application of the law of another jurisdiction.
The Terms of Use (including the Privacy Policy) constitutes the entire agreement
between you and KUBRA regarding the use of the Service.
If any provision of the Terms of Use is, for any reason, held to be invalid or
unenforceable, the other provisions of the Terms of Use will be unimpaired and
the invalid or unenforceable provision will be deemed modified so that it is
valid and enforceable to the maximum extent permitted by law.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Except for either party's claims of infringement or misappropriation of the
other party's patent, copyright, trademark, or trade secret, any and all
disputes between you and KUBRA arising under or related in any way to these
Terms of Use, must be resolved through binding arbitration as described in this
section. This agreement to arbitrate is intended to be interpreted broadly. It
includes, but is not limited to, all claims and disputes relating to your use of
any of the Services.
You agree that by agreeing to these terms of use, you and KUBRA are each waiving
the right to trial by jury or to participate in a class action. You and KUBRA
agree that each may bring claims against the other only in your or its
individual capacity, and not as a plaintiff or class member in any purported
class or representative proceeding. Any arbitration will take place on an
individual basis; class arbitrations and class actions are not permitted.
The arbitration will be governed by the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes of the American
Arbitration Association ("AAA"), as modified by this section. For any claim
where the total amount of the award sought is $10,000 or less, the AAA, you and
KUBRA must abide by the following rules: (a) the arbitration shall be conducted
solely based on written submissions; and (b) the arbitration shall not involve
any personal appearance by the parties or witnesses unless otherwise mutually
agreed by the parties. If the claim exceeds $10,000, the right to a hearing will
be determined by the AAA rules, and the hearing (if any) must take place in your
choice of the following locations: Tempe, AZ or New York, NY. The arbitrator's
ruling is binding and may be entered as a judgment in any court of competent
jurisdiction. In the event this agreement to arbitrate is held unenforceable by
a court, then the disputes that would otherwise have been arbitrated shall be
exclusively brought in the state or federal courts located in New York City, New
York. Claims of infringement or misappropriation of the other party's patent,
copyright, trademark, or trade secret shall be exclusively brought in the state
and federal courts located in New York City, New York.
INTELLECTUAL PROPERTY
This website and the Services, the content and all related intellectual property
are owned by KUBRA or third parties and all right, title, and interest therein
shall remain the property of KUBRA and/or such other third parties. The misuse
of any of the intellectual property is expressly prohibited.
PRODUCT SPECIFIC TERMS
NOTICE SPECIFIC TO SMS SERVICE
KUBRA Clients’ messaging program allows customers to receive, via SMS, Receipt
notifications from purchases and/or opt into notifications for when their
Payment is Due and other payment related alerts. Receipt enrollment occurs after
providing your account information and adding an optional Mobile Number in our
Receipt Notification User Interface. In addition you may also opt into recurring
messages for Payment Due and other alerts by selecting a specific toggle in the
UI. Message Frequency depends on account activity. Message and data rates may
apply. Reply help for Help. Reply STOP to opt-out.
MAKING A PAYMENT USING KUBRA EZ-PAY RETAIL CASH PAYMENTS
KUBRA EZ-PAY Retail Cash Payments (RCP) permits you to make cash payments for
services or bills at participating retailers using an EZ-Payslip barcode or
token provided on a customer invoice, mobile phone, or printed from the web.
1. If EZ-Payslip is not already printed on the invoice, create EZ-Payslip
through KUBRA EZ-PAY online or mobile application by printing the EZ-Payslip
from the web or sending it to your mobile device by text message.
2. Take EZ-Payslip to retailer selected and follow EZ-Payslip instructions.
3. Advise retail clerk/personnel how much you want to pay. Clerk will tender
payment including a convenience fee.
4. Retail clerk/personnel will provide receipt of confirmation of payment.
Additionally, if an EZ-Payslip was created by web or mobile, an electronic
confirmation of the payment may be texted or emailed to you.
5. The company or entity that you made the payment to (the “Payee”) will also
be notified of such payment.
6. Retain the paper receipt you received from the retailer as a record of your
payment.
7. Retain reusable EZ-Payslip for future payments.
8. For questions regarding crediting of payment and all other customer service
inquiries, please contact the Payee to whom payment is intended.
CONDITIONS OF USE FOR KUBRA EZ-PAY RETAIL CASH PAYMENTS (RCP)
1. Your ability to make a payment, and the permitted amount of any payment,
remains subject to authorization by the Payee and any applicable terms and
conditions established by the Payee, and the retailer and the payment
network partner. Funds remitted through your use of the KUBRA EZ-PAY RCP
service will be made available or credited to you, as applicable, by the
Payee in accordance with the terms and conditions established by the Payee.
KUBRA is not responsible for any delay with respect to when funds remitted
to the Payee will be made available or credited to you, or any failure of
the Payee to accept or properly process any funds remitted to it.
2. The EZ-Payslip barcode or Token has no value associated with it and may only
be used to identify your account to which you may direct a payment. You are
responsible for all payments initiated using the EZ-Payslip barcode or
Token.
3. All payments made at the retailer are final and non-refundable.
4. If a convenience fee is applicable, the convenience fee must be paid at the
time the cash payment is made in order for the transaction to be authorized.
5. Retailers are only authorized to accept cash payment.
6. By accepting the EZ-Payslip barcode or Token or using the EZ-Payslip barcode
or token to make a payment, you agree that you will receive your transaction
receipt printed and electronically.
APPLE APP STORE ADDITIONAL TERMS OF USE
The following additional terms of use apply to you if you are using an app from
the Apple App Store (an “Apple App”). To the extent the other terms of use of
this Agreement are less restrictive than, or otherwise conflict with, the terms
of use of this Section, the more restrictive or conflicting terms of use in this
Section apply, but solely with respect to Apple Apps from the Apple App Store.
Acknowledgement: KUBRA and you acknowledge that this Agreement is concluded
between KUBRA and you only, and not with Apple, and KUBRA, not Apple, is solely
responsible for the Apple App and the content thereof.
Scope of License: The license granted to you for the Apple App is limited to a
non-transferable license to use the Apple App on an iOS Product that you own or
control and as permitted by the usage rules set forth in the App Store Terms of
Service.
Maintenance and Support: KUBRA is solely responsible for providing any
maintenance and support services with respect to the Apple App, as specified in
this Agreement (if any), or as required under applicable law. KUBRA and you
acknowledge that Apple has no obligation whatsoever to furnish any maintenance
and support services with respect to the Apple App.
Warranty: KUBRA is solely responsible for any product warranties, whether
express or implied by law, to the extent not effectively disclaimed. In the
event of any failure of the Apple App to conform to any applicable warranty, you
may notify Apple, and Apple will refund the purchase price for the Apple App to
you; and to the maximum extent permitted by applicable law, Apple will have no
other warranty obligation whatsoever with respect to the Apple App, and any
other claims, losses, liabilities, damages, costs, or expenses attributable to
any failure to conform to any warranty will be KUBRA's sole responsibility.
Product Claims: KUBRA and you acknowledge that KUBRA, not Apple, is responsible
for addressing any claims of you or any third party relating to the Apple App or
your possession and/or use of the Apple App, including, but not limited to: (i)
product liability claims; (ii) any claim that the Apple App fails to conform to
any applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation. This Agreement does not limit
KUBRA’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: KUBRA and you acknowledge that, in the event of
any third-party claim that the Apple App or your possession and use of the Apple
App infringes that third party's intellectual property rights, KUBRA, not Apple,
will be solely responsible for the investigation, defense, settlement, and
discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a
country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a "terrorist supporting" country; and (ii)
you are not listed on any U.S. Government list of prohibited or restricted
parties.
Developer Name and Address: KUBRA’s contact information for any end-user
questions, complaints, or claims with respect to the Apple App is:
media@kubra.com.
Third-Party Terms of Agreement: You must comply with applicable third-party
terms of agreement when using the Apple App.
Third-Party Beneficiary: KUBRA and you acknowledge and agree that Apple, and
Apple's subsidiaries, are third party beneficiaries of this Agreement, and that,
upon your acceptance of the terms and conditions of this Agreement, Apple will
have the right (and will be deemed to have accepted the right) to enforce this
Agreement against you as a third-party beneficiary thereof.
COPYRIGHT NOTICE.
Copyright © 2024 KUBRA Data Transfer Ltd. All rights reserved.
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Privacy Policy
KUBRA PRIVACY NOTICE
Last updated: September 27, 2023
KUBRA (“we”, “our” or “us”) offers customer experience management solutions to
Service Providers in various industries such as utilities, government entities,
and insurance providers. Depending on the setup of the Service Provider that
uses KUBRA’s services, KUBRA’s solution may include functions such as the
ability to view and pay bills online or through a mobile app, receive and
configure notifications, as well as other related functions (collectively the
“KUBRA Services”).
This Privacy Notice (the “Notice”) describes how we handle personal information
such as your email, bank account number, bank card number, credit or debit card
number, address, name, home or work address or telephone number that may be
collected in connection with the operation of the KUBRA Services.
KUBRA may also collect anonymous demographic information, which is not unique to
you such as your ZIP code, age, gender, preferences, interests, and favorites.
This Notice applies only to information that KUBRA obtains through the KUBRA
Services and describes how we can use the information we obtain and with whom we
may share it. KUBRA does not sell any personal information to third parties.
This Notice does not describe the privacy practices of the utilities, insurance
companies, government agencies and other service providers which use the KUBRA
Services as a payment platform (collectively, the “Service Providers”).
WHAT INFORMATION WE OBTAIN
We obtain different types of information, including personal information,
through the KUBRA Services. This information may be provided by you, such as
when you create an account, it may be automatically collected from your browser
or mobile device using technologies such as cookies, or it may be obtained from
other sources.
Information you provide:
We obtain information you provide in relation to your use of the KUBRA Services,
including when you make a payment. This may include:
* your contact information, including your name, email address and phone
number;
* your account numbers for the Service Providers with whom you engage; and
* your bank account number or debit or credit card number information
(including payment card number, expiry date, and security code).
We may also obtain information you provide us about others, such as the phone
number and email address of the recipients to whom you want to send a receipt of
the bill payment, if you choose to share the receipt with others.
If you contact us with any questions or requests relating to the KUBRA Services,
we obtain the information you provide to us in connection with your inquiry or
request.
Cookies and Internet Technology:
We may use internet technologies such as cookies and web beacons or other
similar technologies to automatically obtain certain information when you access
the KUBRA Services from your web browser or mobile device, such as information
about the number and frequency of visitors, technical information about browsers
and devices used to access the KUBRA Services, and information about crashes or
other technical issues. In addition, we may automatically collect certain
information across the browsers and devices you use to access the KUBRA Services
as well as across third-party sites, apps or other media. These technologies may
assign or collect a unique identifier on your browser or device, and may reside,
among other places, on your computer or device, within webpages or mobile apps.
We may use these technologies to administer the KUBRA Services, understand usage
of the KUBRA Services and improve the content and offerings of the KUBRA
Services.
Information we obtain from other sources:
We may obtain information about you from third parties, including the Service
Providers with whom you engage.
HOW WE USE INFORMATION WE OBTAIN
We may use the information we obtain through the KUBRA Services for a number of
purposes, including, but not limited to:
* providing you with the KUBRA Services, as well as information you may
request;
* marketing and advertising the KUBRA Services and other KUBRA products and
services;
* sending you communications, including informational and marketing
communications;
* improving the KUBRA Services we provide and customizing the user experience;
* generating and analyzing statistics about your use of the KUBRA Services;
* detecting, preventing, and responding to violations of this Notice or the
Terms of Use, violations of law, or other misuse of the KUBRA Services; and
* supporting our business operations.
Interest-based advertising:
KUBRA has relationships with advertising companies who may use technology such
as cookies and web beacons to provide you with advertising related to the use of
KUBRA Services. To learn more about your rights in relation to this ad network
interest-based advertising on your browser, including your choice to opt out,
you can follow the instructions provided by the Digital Advertising Alliance
(“DAA”) and/or the Network Advertising Initiative (“NAI”) to place an opt-out
cookie on your browser. These opt-out cookies enable you to block participating
companies from installing future cookies on your computer or browser. If you
place opt-out cookies but subsequently clear or delete cookies on your computer
or device browser, your opt-out cookies may be deleted and you may have to renew
your opt-out choices for that specific browser.
To limit interest-based advertising on your mobile device, you can review and
adjust the settings provided by your device manufacturer, such as “Limit Ad
Tracking” for iOS or “Opt-out of interest-based ads” for Android.
These opt-out mechanisms are provided by third parties. KUBRA does not control
or operate these mechanisms or the choices provided through these mechanisms.
WITH WHOM WE SHARE INFORMATION
We may share the information we obtain from you through the KUBRA Services:
* with the Service Providers with whom you engage;
* with our affiliates and subsidiaries;
* with third parties that provide services or handle transactions on our
behalf;
* as we believe is necessary or appropriate to protect, enforce, or defend our
legal rights, the privacy or safety of our employees, users of the KUBRA
Services or other individuals and entities, or to comply with or enforce
applicable law or legal process, including responding to court orders,
warrants, subpoenas and other requests from public and government
authorities;
* we reserve the right to transfer any of the information we have about you to
proceed with the consideration, negotiation, or completion of a sale or
transfer of all or a portion of our business or assets to a third party, such
as in the event of a merger, acquisition or other disposition, or in
connection with a bankruptcy reorganization, dissolution, or liquidation; and
* we may share your information with third parties when you consent to or
request such sharing.
HOW WE PROTECT YOUR INFORMATION
We maintain reasonable administrative, technical, and physical safeguards to
protect the personal information we obtain through the KUBRA Services. However,
no method of transmission over the internet, or method of electronic storage, is
100% secure. If you create an account to use the KUBRA Services, you are
responsible for keeping your password secure.
THIRD-PARTY LINKS AND FEATURES
The KUBRA Services may contain links to third-party websites, mobile apps or
features, including through social media features and widgets on our website.
KUBRA is not responsible for the collection and use of your information by such
third parties. We encourage you to review the privacy policies or other similar
statements applicable to third-party websites, mobile apps or features.
ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
Under California law, specific disclosures are required and California residents
have additional rights regarding their personal information. Please review this
section to learn more.
Residents of California may have the following rights:
1. Right to access your personal information. You may request to access the
categories and specific pieces of personal information that we collected
about you in connection with your use of the KUBRA Services.
2. Right to deletion. Subject to certain exceptions, you may ask us to delete
the personal information we collected about you in connection with your use
of the KUBRA Services.
3. Right to disclosure. You may request to receive additional details about the
sources from which we collect your personal information, the reasons we
collect and share your personal information, and the types of third parties
with which we share the information we collected about you in connection
with your use of the KUBRA Services.
4. Right to opt out of sales. Under the CCPA, certain types of sharing of
personal information may constitute a “sale” of your personal information.
KUBRA does not “sell” the personal information we collected about you in
connection with your use of the KUBRA Services.
5. Right to be free from discrimination. You may exercise any of the above
rights without fear of being denied goods or services, including access to
the Tools. We are permitted to provide a different level of service or
charge a different rate if the difference is reasonably related to the value
of your data.
If you would like to exercise any of your CCPA rights related to your use of the
KUBRA Services, please contact us by email as indicated in the Contact Us
section below.
Please note that KUBRA is not responsible for the data handling practices of the
utilities, insurance companies, government agencies and other service providers
for which you may use the KUBRA Services as a payment platform (i.e., the
Service Providers). If you want to exercise your CCPA rights with respect to
the personal information the Service Providers collect and maintain about you,
you will need to contact them directly to exercise your CCPA rights.
Your Shine the Light California Rights (CA Civil Code § 1798.83)
Residents of California may request a list of third parties to which certain
personal information (as defined by applicable California law) obtained through
the KUBRA Services and disclosed by KUBRA during the preceding year for those
third parties’ direct marketing purposes. If you are a California resident and
want such a list, please write to us at 40 E Rio Salado Pkwy, Suite 535, Tempe,
AZ, 85281. For all requests, you must put the statement “Your California Privacy
Rights” in the body of your request, as well as your name, street address, city,
state, and zip code. In your request, you need to attest to the fact that you
are a California resident and provide a current California address for our
response. Please note that we will not accept requests via other contact
channels, and we are not responsible for notices that are not labeled or sent
properly, or that do not have complete information.
Do Not Track
KUBRA does not currently take steps to respond to browsers “Do Not Track”
signals as no uniform standard to respond to such signals has been developed at
this time.
NON-U.S. VISITORS
The KUBRA Services are intended for U.S. users. If you are located outside of
the United States, please note that the personal information we collect in
connection with your use of the KUBRA Services will be transferred to the United
States and other countries.
CHILDREN’S INFORMATION
The KUBRA Services are not directed to, nor do we knowingly collect personal
information from, children under the age of 13. If you become aware that your
child or any child under your care has provided us with information without your
consent, please contact us as indicated below.
CHANGES TO THIS PRIVACY NOTICE
We may update this Notice from time to time to reflect changes in our privacy
practices or applicable laws. We will notify you of these changes by publishing
the updated version on our website and indicate at the top of the Notice when it
was most recently updated. Your use of the KUBRA Services will be governed by
the current version of this Notice.
DISPUTES
Any dispute you may have arising under this Notice will be resolved in
accordance with the Terms of Use.
CONTACT US
If you have any questions about this Notice or you would like to review or
request changes to the information collected in connection with your use of the
KUBRA Services, please contact us here.
SUPPLEMENTAL NOTICE TO EU RESIDENTS
Lawful Grounds
If you are a resident of the EU, this notice describes how KUBRA acts in
accordance with the General Data Protection Regulation (“GDPR”). KUBRA relies on
legitimate interest to process your data for the purposes described in the Use
of Personal Information section above.
Transfer of Data
KUBRA operates its Services from the United States and Canada, meaning your
personal data may be transferred to the US, Canada and/or to countries outside
of the EU. Whenever your personal data is transferred outside the EU, KUBRA will
take all reasonable steps necessary to ensure the data is secure and treated in
accordance with KUBRA’s privacy policy.
Where required by the GDPR, appropriate safeguards, such as the standard
contractual clauses approved by the European Commission will be put in place.
Right to Withdraw Consent
In the circumstance where KUBRA may require your consent in processing your
personal data, you have a right to withdraw your consent for such processing at
any time. To withdraw your consent, please contact us here. Once your withdrawal
notification is received, KUBRA will no longer process the information for the
specific purpose(s) for which the original consent was given, unless it is done
for a legal basis.
Requests
Under the GDPR you have the right to:
* Request access to your personal data
* Request the rectification of personal data
* Object to the processing of your personal data
* Request the erasure of your personal data
* Request the transfer of your personal data to another party
* File a complaint with a supervisory authority
Please contact us here, if you would like the exercise any of these rights. We
will respond to your request within a month.
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