• Products
  • Solutions
  • Developer
  • Company
  • Help Center
Yapstone, Inc. Agreements
Yapstone Licenses

Yapstone Payor User Agreement and Privacy Policy U.S.


This User Agreement is applicable to YapStone, Inc.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER.

1. About Yapstone.
This Yapstone Payor User Agreement (“Agreement”) describes the terms and conditions that apply to Your (“You”, or “Your”, “Yourself”) use of services offered by YapStone Inc., a Delaware corporation located at 2121 N. California Blvd., Suite 400, Walnut Creek, CA 94596 (collectively “Yapstone”). Yapstone provides a technology platform that allows Your landlord, property management company, vacation rental provider, internet marketplace, or other payee (“Payee”) who provides You goods or services, such as a property rental, (such services by the Payee to You are referred to here as “Payee Services”) to electronically receive payment due from You for Payee Services provided to You (e.g. rent/deposits, homeowner association dues and assessments, etc.) (collectively, “Amount(s) Due”). You are a User (as defined below). The Amount Due and the associated Payee Services are governed by the contract between You and the Payee. We provide services, which may include, but are not limited to the following: a platform for processing online, mobile, phone and walk-in credit/debit/prepaid card and ACH/eCheck transactions, credit reporting services, rent-by-text reminders, transaction history, currency conversion, customer service and other ancillary services (the “Service(s)”) as described more fully below in Section 3. We do not, however, provide any Payee Services to You; and we are not responsible in any way for Payee Services.

Yapstone is a licensed provider of money transmission services and, if any portion of the Services constitutes regulated money transmission, such money transmission will be provided by Yapstone pursuant to Yapstone’s licenses. See https://www.yapstone.com/legal/licenses/ for additional information and for disclosures that Yapstone is required to post by certain jurisdictions.

2. Consent to Terms.
By using the Services, providing Your information to Yapstone, or authorizing payment(s) described below, You agree to be bound by: (i) this Agreement, (ii) Yapstone’s Website Terms of Use available at: www.Yapstone.com/terms-of-use/, and (iii) Yapstone’s Privacy Policy available below and also at: http://www.Yapstone.com/privacy-policy/ (collectively, “Terms”). You should read through all of the Terms carefully. The Terms constitute a legally binding agreement between You and Yapstone.

The terms of this Agreement are effective as of the date that You use the Services (the “Effective Date”). If You use the Services on behalf of a business, You represent and warrant that You can enter into this Agreement with Yapstone on behalf of that business, that You accept the terms and conditions contained herein on behalf of that business, and that You have received a copy of the Agreement. You acknowledge and agree that Yapstone shall not be obligated to complete any disbursement requested by You if You do not provide us with requested information (including identity verification information as set forth in Section 6 hereof) or accurate and correct information of any kind or if Your Payment Method fails to deliver funds to Yapstone. You should notify Yapstone immediately if you become aware that You have made a mistake when instructing us to make a disbursement.

3. The Services.
3.1. Description of the Services.

Yapstone provides access to a payments platform for: (i) rental property owners, rental property managers and other individuals and legal entities (“Participating Payees”) who wish to engage Yapstone as their agent for accepting payments from their payors (“Payor Users”), such services shall be referred to as the “Participating Payee Services”; and (ii) individuals wishing to make a physical or electronic payment (the “Participating Payors”) to a third party (“Payee Users”) without Yapstone serving as the agent of the payee, such services shall be referred to as the “Disbursement Services”. Unless specified, all references to “User(s)” in this Agreement shall include Payor Users and Participating Payors. Unless specified, “Payee” includes Participating Payees and Payee Users. Collectively the Participating Payee Services, and the Disbursement Services shall be referred to as the “Services.”

As part of its Services, Yapstone enables Users to pay Amounts Due to Payees and may include the use of a credit/debit/prepaid card, ACH/eCheck from Your bank account, and other payment methods that Yapstone may offer from time to time (“Payment Method”) through the Yapstone websites (including, without limitation, www.Yapstone.com or any other website operated by Yapstone or its affiliates, and any subdomain of any such websites), mobile application, or API (the “Website”), and/or other channels that Yapstone may offer from time to time. The Services may be provided by Yapstone in conjunction with its third-party service providers. Yapstone may also provide the Services in conjunction with third-parties, such as online marketplaces, who have contracted with Yapstone to make the Services available to Payors.

You acknowledge and agree that, as it relates to Amounts Due: (i) Your payment is for a transaction between You and a Payee and not with Yapstone or any of Yapstone’s affiliates; and, (ii) in any given transaction, Yapstone is a third-party payment facilitator operating on behalf of either You or a Payee. For information regarding the Yapstone Fees, as defined below, please see Section 4. Refund requests related to Amounts Due should be directed to Your Payee.

3.2. Disbursement Services (Yapstone Disbursing Funds on Your Behalf).

Where we make a payment from You to a Payee who is not a Participating Payee (in connection with Yapstone’s Disbursement Services), we make the payment on Your behalf only, and as result, Your Payment to Yapstone does not extinguish Your debt to Your Payee until the funds are received by such Payee. It is Your responsibility to provide Yapstone with legal, proper and correct delivery or disbursement instructions, and it is Yapstone’s obligation to fulfill those instructions unless prohibited by applicable law. Yapstone will rely solely on the legal disbursement instructions provided by You in connection with attempting to disburse funds at Your request. As a result, please ensure that You provide accurate delivery or disbursement instructions and that You adhere to all timelines and cut-offs with respect to the timeliness of payments to Your Payees (taking due account of all public or bank holidays and bank business days). Upon Yapstone’s receipt of Your payment, Yapstone’s sole obligation shall be to remit the funds to Your Payee. Yapstone’s disbursement obligation to You will be fully extinguished once the funds have been sent by (or otherwise delivered by) Yapstone to Your Payee in accordance with Your legal instructions. In the event that the Payee refuses to accept the payment that Yapstone sends on Your behalf, Your payment liability to such Payee may remain outstanding and unpaid and may be subject to penalties, late fees, interest charges, and other negative action imposed by the Payee. Funds that cannot be delivered to Your intended Payee will be returned to You, unless prohibited by law. Please see Sections 5, 6 and 9 of these terms. Yapstone has no responsibility or liability to You with regard to the provision of the Payee Services, as those services are provided to You solely by the Payee and not Yapstone. Any dispute or request for refund for the Payee Services must be resolved directly between You and Your Payee.

You will be sent a confirmation acknowledging the processing of Your payment.

In the course of Yapstone providing the Disbursement Services to You, Yapstone may enter into a contractual relationship with Your Payee for Participating Payee Services. In the event that such relationship is established with respect to Your Payee Services, You shall be deemed a Payor User and Your payment obligations will be governed by Section 3.3 of this Agreement.

3.2. (a) Refunds related to the Disbursement Services.

All refunds with respect to the Your Payee User’s services are subject to Your agreement with Your Payee User. Yapstone bears no liability for the Payee User’s failure to provide, in full or in part, Payee Services to You. See also, Sections 4 and 7.

In certain circumstances, Yapstone may be able to cancel a payment prior to sending it to Your Payee; however, You shall not be entitled to a refund of the Yapstone Fee and You shall be responsible for the costs associated with placing a stop payment.

3.3. Participating Payee Services (Yapstone Serving as the Agent of Your Payee).

You acknowledge that Yapstone acts as the Participating Payee’s limited agent for the limited purpose of receiving, collecting, facilitating, transmitting and/or processing payments in connection with the Participating Payee Services. When a Payor User pays the applicable Participating Payee through Yapstone’s Services, and where Yapstone acts as the agent of the Participating Payee, the Payor User’s debt to the Participating Payee will have been extinguished; and, the Payee shall have no recourse against You if You made Your payment to Yapstone in Yapstone’s capacity as agent for the Payee and Your payment has not been rescinded by You, reversed, rejected, declined for insufficient funds (NSF) or charged back. In the event that Your payment has been rescinded by You, reversed, rejected, declined for insufficient funds (NSF) or charged back, Your payment liability to the Participating Payee may remain outstanding and unpaid and may be subject to penalties, late fees, interest charges, and other negative action imposed by the Payee.

You will be sent a confirmation acknowledging the processing of Your payment.

3.4. Availability of Services.

You acknowledge that, if Your access to the Services is contingent upon an agreement between Yapstone and a Participating Payee, then the applicable Participating Payee may limit or terminate Your access to Services; and, if Yapstone’s agreement with such Participating Payee is terminated, Yapstone may immediately terminate Your ability to use the Services and Your access to Your Account. Yapstone may terminate Your ability to use the Services for any or no reason.

3.5. Modification of Services.

You acknowledge that Yapstone has the right to change the content or technical specifications of any aspect of the Services at any time at Yapstone’s sole discretion. You acknowledge that such modifications may result in Your being unable to access the Services.

4. Yapstone Fees and Refunds.

4.1. Yapstone Fees. Yapstone may charge You a fee to use the Services and Yapstone will disclose the fee to You prior to processing Your payment (“Yapstone Fee(s)”). The Yapstone Fees are charged by Yapstone for providing the value added Services as described in detail in Sections 1 and 3 above. Yapstone Fees are separate from the Amounts Due and are for services provided by Yapstone on behalf of You or Payee that are separate from the Payee Services (the services provided to You by the Payee directly). Yapstone Fees are not surcharges. Yapstone reserves the right to modify its Yapstone Fees at any time, provided that no modification will apply retroactively. If You have scheduled automatic payments (“AutoPay”) and the associated Yapstone Fee amount is changed, You will be directly or indirectly notified of this change in advance.

4.2. Refunds. Refund requests related to Yapstone Fees should be directed to Yapstone. Refund requests related to the Payee Services should be directed to the Payee. For detailed information on refunds related to the Disbursement Services please see Section 3.2(a).

4.3. Processing Errors. If there is an error in the processing of Your transactions, You authorize Yapstone to debit or credit Your Payment Method to resolve such error. If Yapstone is unable to debit the Payment Method You select for any reason, You authorize Yapstone to resubmit the debit plus any applicable Yapstone Fee, to any other Payment Method that You have on file with Yapstone.

5. Consent and Authorization to Use Payment Method; AutoPay.
You represent and warrant that You have the legal right and authority to utilize Your Payment Methods and authorize Yapstone to debit such Payment Methods in accordance with this Agreement.

You hereby authorize Yapstone to store Your Payment Method Instrument details or credentials where You have created an Account with Yapstone or enrolled in AutoPay.

If you have enrolled in Autopay, you authorize Yapstone to charge your designated Payment Method Instrument on Your behalf and you further agree to pay all Yapstone Fees applicable at the time of Payment submission.

You hereby authorize charges to Your Payment Methods, in the amounts You authorize from time to time, which may include Yapstone Fees, Amounts Due, any relevant taxes Yapstone is obligated to collect on behalf of a governmental agency. You also authorize the crediting or debiting of Your Payment Method by Yapstone for any chargebacks, refunds, or adjustments made through the Services.

Your Representations and Warranties to Yapstone; Your Information; Privacy; Identity Verification and Third-Party Permissions.

6.1. Representations and Warranties By You and/or Related To Your Information. In order to use and continue to use the Service, You represent and warrant that: (i) upon request, You will provide information and/or documents about Yourself that is true, accurate, current, and complete; (ii) where applicable, advise Yapstone of updates to Your information to keep it true, accurate, current and complete; and (iii) You are at least eighteen (18) years old. You acknowledge that Yapstone is relying on Your representations as a condition of providing You with the Services. If You provide information that is untrue, inaccurate, not current or incomplete, or if Yapstone has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yapstone, without limiting any other remedies, reserves the right to suspend or terminate Your access to the Service and to hold any funds that You submitted through the Services. You may not and agree not to use the Service for any illegal purpose or in any manner inconsistent with this Agreement, including without limitation that You will not use Yapstone’s Services to send or attempt to send funds (a) to any country subject to United States or European Union embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; (c) to any prohibited person, group, or entity subject to European Union financial sanctions; and (d) to any prohibited country, person, end-user, or entity specified by US Export Laws or any other applicable law. You acknowledge that if required by applicable law, Yapstone may hold any funds that You submitted through the Services.

6.2. Privacy Policy. You understand and agree that any information You provide to Yapstone (including Your personal and financial information) is subject to Yapstone’s Privacy Policy, available below and at: www.Yapstone.com/privacy-policy/. By agreeing to this Agreement, You hereby agree to such Privacy Policy, which may be updated from time to time. If Yapstone decides to change its Privacy Policy, it will post those changes on its Website.

6.3. Personal Data. Yapstone may use Your data in a manner set out in Yapstone’s Privacy Policy, or as required by applicable law, and as further described in this Agreement. Yapstone processes Your data in order to provide the Services, to verify Your identity, Your location or payment information in connection with Yapstone’s Services or those of its Users or Payees, or in order to comply with Yapstone’s legal and regulatory obligations, as well as for group administration and management purposes. If You do not provide Your personal data, Yapstone will not provide the Services. Please note that the information You provide to Yapstone in using the Service or the Website may be transferred outside the United States for the purposes specified in the Privacy Policy. You provide Your personal information at Your own risk. Yapstone, through its parent company, Yapstone Holdings, Inc., has certified that it adheres to the Privacy Shield Program. For more information on transfers of personal data, please visit http://www.Yapstone.com/legal/privacy-shield/.

6.4. Identity Verification and Third-Party Permissions.

You acknowledge and agree that Yapstone may make access to and use of any or all of its Services subject to certain conditions or eligibility requirements, such as completing an identity verification process, and that Yapstone may, at any time, as a condition of using the Services and in accordance with our Privacy Policy (see Section 6.2, above), ask You for information that will allow Yapstone to reasonably identify You, require You to take steps to confirm the accuracy and/or completeness of information You have provided to us, and/or verify Your information against third-party databases or through other means and/or as may be required to perform required screening, monitoring, and investigation of Your use of the Services, and in order to comply with applicable laws.

Information we may require from You may include Your name, address, date of birth, government identification number, taxpayer identification number, mobile phone number, home phone number, email address, and other information that will allow Yapstone to identify You. We may require You to provide documentation, which may include Your passport, driver’s license, or other government issued photo identification document. We may also contact You if we have additional questions. As a condition of Your use of the Services, You agree to such contacts and agree to provide us with true, accurate and correct information and to otherwise take steps to confirm Your identity and Your ownership of Your email address, mobile phone number, or Payment Method(s).

You expressly authorize Yapstone to screen You against third party databases or other sources and request reports from service providers and any online marketplace through which You access Yapstone’s Services; and You consent to the disclosure of Your information from them to Yapstone and from Yapstone to third-party verification service(s) providers, third-party processors, our banks, Payment Methods, government agencies, and other third parties for identity verification purposes, to meet anti-money laundering, anti-terrorist financing, transaction monitoring, and suspicious activity reporting requirements, or as otherwise required by law. You acknowledge and agree that we may collect information concerning the location of the device You use to access the Services and You authorize Yapstone to use such information to assess Your location and/or to conduct identity verification and/or transaction monitoring with respect to You. Any third party to which Your information is transmitted will be bound to maintain Your confidentiality and may not use the information supplied for any unauthorized purpose other than to verify Your identity, meet our legal, regulatory, risk requirements, provide the Services, or as otherwise described in these Terms or in the Privacy Policy (Section 6.2, above).

6.5. Email Communications. By using Yapstone’s Services, You consent to receive emails from Yapstone about its portfolio of products. You have the right to opt-out of the receipt of electronic marketing mail from Yapstone (as described in the Privacy Policy) at any time. However, to provide the Services, Yapstone will continue to send You emails regarding Your Account and Your use of the Services.

7. Payment Cancellation, Credit, Chargebacks, and Refunds.
You agree and acknowledge that upon Your request, for payments You believe were improperly processed, Yapstone, in its sole discretion, may cancel a payment made through the Services at any time prior to Yapstone making the payment to a Payee. If a payment dispute arises after Yapstone makes payment to a Payee, the responsibility to resolve the payment dispute rests with You and the Payee. As a Payer, You have certain rights to dispute a payment made by You, such as where You do not recognize the transaction, where You claim fraud by the Payee or that the Payee failed to provide services to You as described. Those rights, commonly referred to as reversal or chargeback rights, depending on the Payment Method You used, exist between You and the provider of the Payment Method. The process by which You exercise those rights are governed by the Payment Method, not Yapstone.

8. Account, Password, and Security.
You may be asked to create an account with Yapstone to access the Services (“Account”), which allows us to remember You, store certain identifying information (such as a password, Your email address, or Your mobile phone number, and other information related to You or Your Payment Method details credentials to allow us to provide the Services. In that case, You will create a password when completing the Account creation process. You are solely responsible for maintaining the confidentiality of Your password, restricting access to Your Account, and are fully responsible for all activities occurring on Your Account. You agree to notify Yapstone immediately if You notice unauthorized use of Your password, unauthorized access to Your Account, unauthorized access to Your information, or any other breach of security. You agree that Yapstone is not liable for any damages or loss arising from Your failure to comply with this section. Your Account is not a bank account, credit account, prepaid account savings account or transaction account, such as a demand deposit account; and You are not able to make withdrawals from the Account. Either You or Yapstone may close Your access to the Services and/or Account at any time. You may close Your Account by sending an e-mail to customerservice@yapstone.com to: (i) request deactivation of Your Account; (ii) access to the Services; (iii) and/or cancel any future AutoPay. You will remain liable for all outstanding payments and Yapstone Fees due to Yapstone at the time of cancellation, as well as any Yapstone Fees or amounts related to transactions that are initiated prior to cancellation.

9. Unclaimed Property.
If we are not able to provide a refund to, or return funds to, the Payment Method You used to make a payment, and those funds are deemed abandoned as set forth in any applicable unclaimed property laws, we send such funds to the appropriate state or jurisdiction.

10. Liability and Indemnification.

10.1. Your Liability. You shall be liable to Yapstone, its parent companies and subsidiaries, and the directors, officers, employees, and agents of each (“Yapstone Parties”) for any and all Claims (as defined below) arising out of or in connection with (i) Your misuse of the Payee Services, Services, or Website; (ii) any breach (or, as to defense obligations only, any alleged breach) of Your obligations in this Agreement or any breach of Your representations, warranties, or obligations set forth in this Agreement; or (iii) Your negligence, fraud, misrepresentation, willful misconduct, violation of applicable law, violation of card network rules, or infringement of the rights of any person or entity.

10.2. Yapstone Liability. Yapstone shall be liable to You, if any, for any and all Claims (as defined below) arising out of or in connection with Yapstone’s gross negligence, fraud, misrepresentation, willful misconduct, violation of applicable law, or infringement of the rights of any person or entity.

10.3. Indemnification Process. The party seeking indemnification pursuant to this Section 10 (the “Indemnitee”) shall: (a) promptly notify the other party (the “Indemnitor”), in accordance with Section 13.3, of the Claim for which indemnification is sought, but in no event longer than five (5) business days of the Indemnitee’s knowledge of the Claim: (b) make all reasonable efforts to provide Indemnitor with all information and material in Indemnitee’s possession regarding the Claim; (c) furnish to Indemnitor such assistance as Indemnitor may reasonably request in connection with the investigation, settlement and defense of the Claim; and (d) grant Indemnitor sole control over the defense and settlement of the Claim. Within ten (10) days of Indemnitor’s receipt of the notice of the Claim or demand, Indemnitor shall notify the Indemnitee as to whether Indemnitor is assuming the entire control (subject to this Section) of the defense, compromise or settlement of the matter, including the counsel that Indemnitor has selected. The Indemnitor shall institute and maintain any such defense diligently and reasonably and shall keep the Indemnitee fully advised as to the status thereof. Further, Indemnitor shall not dispose of or settle any such Claim in Indemnitee’s name or in any manner which may adversely affect Indemnitee’s rights or interests (which includes, without limitation, any settlement that imposes pecuniary or other liability or an admission of fault or guilt on the Indemnitee or would require the Indemnitee to be bound by an injunction of any kind) without Indemnitee’s prior written consent, which consent shall not be unreasonably withheld or delayed. Indemnitee shall not be liable hereunder for any settlement entered into without its prior written consent (which consent shall not be unreasonably withheld or delayed).

10.4. Definition of “Claim.” “Claim” means an action, allegation, assessment, cause of action, cease and desist letter, charge, citation, claim, demand, directive, fine, lawsuit or other litigation or proceeding, or notice issued or submitted by, from or on behalf of a third party, including any governmental agency, and all resulting judgments, bona fide settlements, penalties, damages (including consequential, indirect, special, incidental or punitive damages), losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees, expenses and costs) incurred in connection therewith.

11. Disclaimers and Limitation of Liability.

11.1. Disclaimers. EXCEPT FOR ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT: (i) THE SERVICES, WEBSITES, AND ALL CONTENT, SOFTWARE, MATERIALS AND OTHER INFORMATION PROVIDED BY YAPSTONE OR OTHERWISE ACCESSIBLE TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND (ii) YAPSTONE AND ITS RESPECTIVE AFFILIATES AND SUPPLIERS MAKE NO WARRANTY OF ANY KIND (AND DISCLAIM ALL WARRANTIES OF ANY KIND) WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS, STATUTORY OR IMPLIED, AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, YAPSTONE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YAPSTONE MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.

11.2. The Internet. Yapstone and its suppliers make no warranties regarding the quality, reliability, timeliness or security of the Internet and other globally linked computer networks, or the web sites established thereon including the Website, will be uninterrupted or error free.

11.3. Limitation of Liability.

11.3.1. YOU AGREE THAT YAPSTONE SHALL NOT BE LIABLE FOR: ANY FAILURES CAUSED BY ANY PERSON OR ENTITY OTHER THAN YAPSTONE THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF A PAYMENT, OR THE SERVICES.

11.3.2. EXCEPT WHERE YOU COMMIT FRAUD OR MISUSE THE SERVICES AND EXCEPT WHERE THE CLAIM IS SUBJECT TO INDEMNIFICATION UNDER SECTION 10 OF THIS AGREEMENT: (i) IN NO EVENT WILL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES OR SUPPLIERS, BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR LOST PROFITS OR FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE PARTY OTHERWISE LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); AND (ii) IN NO EVENT WILL YAPSTONE’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE GREATER OF: (a) THE AMOUNT OF PAYMENTS IN DISPUTE, OR (b) $100 USD. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated in this paragraph and that these limitations are an essential basis of the bargain between the parties.

12. Arbitration, Complaints, Dispute Resolution, and Governing Law and Forum.

12.1. ARBITRATION: Please read this Section carefully. It affects Your rights and will impact how claims You and Yapstone may have against each other are resolved.

12.2. Complaint Process. If You wish to make a complaint about the Services, You can make a complaint by sending an e-mail to customerservice@yapstone.com. Most of Your concerns can be resolved through Yapstone’s customer service department. Yapstone’s goal is to learn about and try to resolve the underlying causes of the concern. To that end, the parties shall cooperate and attempt in good faith to resolve any potential dispute promptly by discussions between persons who have authority to resolve the potential dispute. If the parties are unable to resolve the potential dispute amicably at that level, You shall report the potential dispute to Yapstone’s legal team at legal@Yapstone.com. Any of Your disputes related to billing or Yapstone Fees must be raised within ninety (90) days of the relevant transaction or they are deemed permanently waived by You.

12.3. Agreement to Arbitrate. ANY DISPUTE ARISING BETWEEN YOU AND YAPSTONE THAT CANNOT BE RESOLVED INFORMALLY AS DESCRIBED IN SECTION 12.2 (INCLUDING WITHOUT LIMITATION ANY CONTROVERSY OR CLAIM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE ALLEGED BREACH THEREOF) SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING THE AAA’S SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION WILL BE CONDUCTED IN THE ENGLISH LANGUAGE, BEFORE A SINGLE ARBITRATOR, IN THE CITY OF WALNUT CREEK, CALIFORNIA. THE ARBITRATOR SHALL DECIDE THE DISPUTE IN ACCORDANCE WITH THE SUBSTANTIVE LAW OF THE STATE OF CALIFORNIA. COSTS OF AAA WILL BE SHARED EQUALLY BY THE PARTIES, EXCEPT THAT THE ARBITRATOR SHALL AWARD THE PREVAILING PARTY COSTS AND ATTORNEYS’ YAPSTONE FEES IN ANY ARBITRATION WHERE THE PREVAILING PARTY PREVAILS IN CONNECTION WITH CLAIMS THAT A PARTY FAILED TO TIMELY REMIT YAPSTONE FEES OR AMOUNTS DUE TO THE OTHER PARTY.

12.4. Opt-Out Procedure. You can choose to reject this agreement to Arbitrate (“opt out”) by sending YapStone a written opt-out notice by email to legal@yapstone.com or by certified mail to the mailing address set forth in Section 13.3 of this Agreement. For new Users, the opt-out notice must be emailed or postmarked no later than thirty (30) days after the Effective Date. The opt-out notice must state that You do not agree to Arbitrate and must include Your name, address, phone number, and the email addresses provided at registration or on file with YapStone. If You are mailing the opt-out notice, You must sign the opt-out notice for it to be effective. This procedure is the only way You can opt out of the agreement to Arbitrate. Opting out of the agreement to arbitrate shall have no impact or effect upon any other provisions of this Agreement. If You exercise the opt out, then any legal action or proceeding relating to the Agreement shall be brought exclusively in the state or federal courts located in Alameda County, California, or Contra Costa County, California.

12.5. CLASS ACTION WAIVER AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM RELATING OR ARISING OUT OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED BETWEEN THE PARTIES. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES HEREBY AGREE THAT: (1) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (2) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

12.6. Applicable Law and Forum.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws principles and You agree, with respect to any court action permitted under this Agreement, to exclusive personal jurisdiction in the state and federal courts located in the State of California, County of Contra Costa or County of Alameda. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 12 OF THIS AGREEMENT, IF YOU FAIL TO TIMELY REMIT FUNDS DUE TO YAPSTONE, YAPSTONE IS ALSO ENTITLED TO PURSUE A CLAIM IN SMALL CLAIMS COURT LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA OR COUNTY OF ALAMEDA (AND NOT BY ARBITRATION), PROVIDED THAT YAPSTONE’S CLAIM AMOUNT IS WITHIN THE JURISDICTIONAL LIMITATIONS OF SUCH COURTS.

13. Miscellaneous.
13.1. Taxes.

You acknowledge and agree that Yapstone may be required to collect taxes from You in connection with Your use of the Payee Services or Services, and to remit those taxes on Your or the Payee’s behalf (and report any payments processed) to regulatory or government authorities. Further, You are responsible for: (i) determining, remitting, and reporting any and all taxes required to be collected, reported, or paid by You in connection with Your use of the Payee Services or Services; and, (ii) for any and all applicable taxes, including sales, use, lodging, or other taxes and duties imposed by governmental entities of whatever kind with respect to the transactions processed under this Agreement, including penalties and interest. Yapstone is responsible for taxes based upon Yapstone’s net income.

13.2. Amendments to this Agreement.

Yapstone may amend this Agreement, at any time with notice that Yapstone deems to be reasonable under the circumstances, by posting the revised version on Yapstone’s Website, or by email (each, an “Updated Agreement”). The Updated Agreement will be effective as of the time it is posted, but will not apply retroactively. Your continued access or use of the Services will constitute Your acceptance of the Updated Agreement. If You disagree at any time with amendments made, You must contact Yapstone at: customerservice@yapstone.com to cancel Your Services and Account, which will also terminate Your access to the Services. This Agreement may not otherwise be amended except by written agreement, signed by You and an authorized Yapstone representative.

13.3. Notices.

All notices and other communications under this Agreement must be in writing and may be made by means of email or a posting on, or update to the Yapstone Website. Notices to You will be delivered to the email address provided to Yapstone or as modified by You through notice to Yapstone or by posting on or update to the Yapstone Website. Notices to Yapstone can be made via email at legal@Yapstone.com or via certified mail or overnight courier to: Yapstone Inc., 2121 N. California Blvd., Suite 400, Walnut Creek, CA 94596.

13.4. E-Sign Consent.

Yapstone and its affiliates and third party service providers may need to provide You with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding the Services. Your agreement to this E-sign Consent confirms Your ability and consent to receive Communications electronically from Yapstone, its affiliates, and its third party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with You (“Consent”). If You choose not to agree to this Consent or You withdraw Your Consent, You may be restricted from using the Services.

13.4.1. Electronic Delivery of Communications and Use of Electronic Signatures.
Under this Consent, Yapstone may provide all Communications electronically by email, by text message, or by making them accessible via Yapstone Websites. Communications include, but are not limited to, (1) agreements and policies required to use the Services (e.g. this Consent, the Yapstone Privacy Policy, and this Agreement), (2) payment authorizations and transaction receipts or confirmations, (3) account statements and history, (4) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from You.

13.4.2. System Requirements.
To access and retain the electronic Communications, You will need the following:

A computer or mobile device with Internet or mobile connectivity.
For website-based Communications, a current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see http://www.microsoft.com/ie for current version), Mozilla Firefox current version (see http://www.mozilla.com for current version), Apple Safari current version (see http://www.apple.com/safari for current version), or Chrome current version (see http://www.google.com/chrome for current version). The browser must have cookies enabled.
For application-based Communications, a mobile phone operating system that supports text messaging, downloads, and applications from the Apple App Store or Google Play store.
Access to the email address used to create an account for the Services.
Sufficient storage space to save Communications and/or a printer to print them.

13.4.3. Paper Delivery of Communications.
You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to Yapstone, Inc., 2121 N. California Blvd., Suite 400, Walnut Creek, CA 94596, Attn: Legal within 180 days of the date of the Communication, specifying in detail the Communication You would like to receive.

13.4.4. Withdrawal of Consent to Electronic Communications.
You may withdraw Your consent to receive electronic Communications at any time, by writing to Yapstone. However, withdrawal of Your consent to receive electronic Communications may result in termination of Your access to the Services. Any withdrawal of Your consent will be effective after a reasonable period of time for processing Your request.

13.4.5. Email Address.
It is Your responsibility to keep Your email address up-to-date and to notify Yapstone of any changes in Your email address. You understand and agree that if Yapstone sends You an email, but You do not receive it because Your primary email address on file is incorrect, out-of-date, blocked by Your service provider, or You are otherwise unable to receive emails, Yapstone will still be deemed to have provided the email to You.

13.5. Entirety and Severability.

This Agreement contains the entire understanding between You and Yapstone with respect to its subject matter, superseding all prior and contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter. If any provision of this Agreement, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement will remain in full force.

13.6. Survival.

Sections 4-7 and 9-13 and Sections securing Yapstone’s rights shall survive any termination of this Agreement.

13.7. Waiver.

The failure by a party to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth in this Agreement, at law or in equity, or a waiver of any other provisions. No waiver of any provision or of any breach of this Agreement shall be deemed a further or continuing waiver of such provision, breach, or any other provision of this Agreement.

13.8. Binding Upon Successors and Permitted Assigns.

This Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. You may not assign this Agreement or any rights, obligations, or privileges under this Agreement without Yapstone’s prior written consent. Yapstone may assign its rights and obligations under this Agreement at any time without notice to You.

13.9. Force Majeure.

Yapstone will not be responsible for delays, errors, failures to perform, interruptions or disruptions in the Services or Websites resulting from any act, omission or condition beyond Yapstone’s reasonable control, whether or not foreseeable or identified, including without limitation acts of God, labor strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, earthquakes, severe weather, floods or other natural disasters, hackers, or the failure of Yours or any third party’s hardware, software or communications equipment or facilities.

14. Contests and Giveaways.
By participating in any Yapstone sponsored contest, giveaway, promotion, webinar, or other event, You agree to the specific terms thereof. Yapstone reserves the right to modify any contest, giveaway, or promotion at any time.

15. Mobile Device Terms.
If You are accessing the Services from a mobile device using an application (the “Application”), the following end-user license agreement (“EULA”) terms apply to You in addition to the above:

15.1. Yapstone grants You the right to use the Application only for Your personal use. You must comply with all applicable laws and third party agreements (for example, Your wireless data service agreement). The Application may not contain the same functionality as the Website. Deleting the Application does not deactivate or delete Your profile or Account with Yapstone; please see Section 8, which contains information about service cancellations.

15.2. Yapstone owns, or is the licensee to, all right, title and interest in and to its Application, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and You will not remove, obscure, or alter Yapstone’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Application.

15.3. Prohibited Countries Policy and Foreign Trade Regulation. The Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States or European Union embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; (c) to any prohibited person, group, or entity subject to European Union financial sanctions; and (d) to any prohibited country, person, end-user, or entity specified by US Export Laws or any other applicable law. When using the Application, You are responsible for complying with trade regulations and both foreign and domestic laws.

15.4. Mobile Application Terms:

(i) This Agreement is between You and Yapstone, and not with the mobile application platform offering the Application for download (“Application Platform”). The Application Platform is not responsible for the Application and the content thereof.

(ii) Yapstone grants You a non-transferable license to use the Application only on a device that You own or control and as permitted by the usage rules set forth in each Application Platform’s terms of use.

(iii) The Application Platform has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

(iv) The Application Platform is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.

(v) The Application Platform is not responsible for addressing any Claims by You or any third party relating to the Application or Your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any Claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) Claims arising under consumer protection or similar legislation.

(vi) To the maximum extent permitted by applicable law, the Application Platform will have no other warranty obligation whatsoever with respect to the Application.

(vii) Your questions, complaints, or claims with respect to the Application can be directed to Yapstone’s team at: customerservice@yapstone.com.

Click here to download a PDF version of these terms.

Last Updated: 12 of April 2019


PRIVACY POLICY U.S. 

UNITED STATES PRIVACY POLICY

Thank you for visiting a website owned by YapStone, Inc. (“YapStone,” “we,” “us” and “our”). Your privacy is important to us. In order to better protect your privacy, we have developed this privacy policy (“Privacy Policy”).

Your personal data is being processed by YapStone. We provide payments gateway and third-party payment processor and payment services provider services (collectively “Processing Services”) through which users of online platforms or online marketplaces make payments.

This Privacy Policy applies to you if you are (1) a property owner, property manager or other payee on whose behalf we perform our Processing Services (a “Merchant”), (2) an employee or agent of a Merchant, or (3) an individual contracting with a Merchant (or representing a group of individuals contracting with a Merchant) and using our Processing Services to make a payment to that Merchant. This Privacy Policy explains our online information practices and the choices you can make about the way your information is collected and used by YapStone.

This Privacy Policy is based on these principles:

  • We will disclose the types of information we collect and how we use it;
  • Unless we need to use your information to provide our Processing Services to you or to comply with a legal or regulatory requirement:
    • We will give you an opportunity to restrict our use of the information; and
    • We will give you an opportunity to tell us not to give the information to others; and
  • We will give you an opportunity to correct the information in our records when it has been erroneously recorded.

These principles and our Privacy Policy apply whether we collect the information by paper, online or as part of you making a payment.

This Privacy Policy (together with all policies, notices, and other content that appear on (or that are linked to) YapStone’s website(s), including, without limitation any website operated by YapStone, and any subdomain of any such websites or any mobile application for such websites (collectively, “Websites” or “Website)) sets out the basis on how we process any personal data we receive from you. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

YapStone collects data either directly or via a website, platform, marketplace, software, or other entity that works with YapStone or uses YapStone’s Processing Services (“Partners”). By visiting YapStone Websites and/or submitting data to YapStone, you acknowledge that our use of your data is necessary for us to comply with applicable law and to provide contracted for Processing Services (on behalf of Merchants) to facilitate payment by users of online platforms or online marketplaces to Merchants to whom the users owe a payment obligation. We will use your data only in accordance with the terms of this Privacy Policy or as allowed by law.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

  • Information that you provide to us or to one of our Partners or Merchants (such as by filling in webforms, applications, or as part of our customer due diligence procedures), including, for example: information you provide (1) at the time of registering to use our Processing Services or services of one of our Partners who provides such data to us; (2) in connection with contracting for or subscribing to the service of one of our Partners or Merchants, or content you post on, to or through a Partner or Merchant; (3) in connection with requesting further services from us or any Partner or Merchant; or (4) when you report a problem to us or any Partner or Merchant in connection with our or their services. Such information may include, for example, your name, email address, property ownership data, bank or credit card account information, address, telephone number, device identification or other sign-on information, geolocation data, and transaction information.
  • Information that is automatically collected using technology that allows electronic tracking of technical information; this is further explained below in the section titled IP ADDRESSES, COOKIES AND CLICK-THOUGH URLS;
  • If or when you contact us; we may keep a record of that correspondence regardless of the means;
  • All responses to optional surveys that you complete;
  • Details of the entire lifecycle of transactions you carry out through our Processing Services or the services of our Partners or Merchants;
  • The resources that you access on our Websites or those of our Partners or Merchants, as well as details of your visits to our Websites including, but not limited to, traffic data, location data, weblogs, and other communication data, whether such details are required for our own billing purposes or otherwise;
  • Financial information you provide when you initiate a payment transaction, such as credit card, debit card, or bank account details;
  • Personal data which we are legally required to report to the authorities for certain payment transactions, such as when the payment transaction(s) volumes reaches a certain limit;
  • Proof of your identity which we may request from you for identity verification purposes and to comply with applicable law. This may include collecting copies of your passport, driver’s license, utility bill, company information, or other documents we deem necessary to establish your identity, residence, or place of business. Such proofs of identification may be stored electronically on our servers in order to comply with our legal and regulatory obligations;
  • Proof of property ownership, verification of bank account, or information that can identify you or verify your identity or location, including your first and last name, telephone number, postal and email addresses, fax number, method of payment information (such as credit card), or the current physical location of you and any device you use to access a Website in connection with the use of our Processing Services or those of our Partners or Merchants. Such proof may be stored electronically on our servers in order to comply with our legal and regulatory obligations;
  • Your IP address, computer information, and the times of each access to our Processing Services or Websites, which may be tracked against your records with us for purposes of preventing fraud, establishing your identity, creating an audit trail when using our Processing Services, and to comply with applicable laws;
  • Data necessary to detect and prevent fraud; we will either do this directly or in conjunction with a third-party who use this data to detect and protect against fraud (“third-party experts”). These third-party experts are subject to privacy and confidentiality obligations;
  • Information which you provide in response to competitions which may be made available on our Website from time to time. You do not have to participate in these; however, if you choose to you may be asked to disclose some personal information. At the time of entering the competition it will be made clear to you who will have access to your personal information and why. You are not obliged to continue with your competition entry; however, if you do so you accept that you may receive a prize.

 IP ADDRESSES, COOKIES AND CLICK-THROUGH URLS

We may collect technical information about your computer, including for example, where available, your IP address, operating system, and browser type, for system administration and to report aggregate information to our Partners. This is aggregate statistical data about our users’ browsing actions and patterns.

For the same reasons, we may obtain information about your general Internet usage by using a cookie. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and stored by the browser. Cookies contain information that is transferred to your computer’s hard drive. The identifier is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. Cookies help us to improve our Website and to deliver a better and more personalized service. Cookies enable us:

  • To estimate our audience size and usage pattern;
  • To store information about your preferences, and to allow us to customize our Website according to your individual interests;
  • To prevent fraud;
  • To speed up the delivery of pages you commonly use; and
  • To recognize you when you return to one of our Websites.

We may use both “session” cookies and “persistent” cookies on our Website. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date. You may refuse to accept cookies by activating the setting on your browser that allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Website. Disabling a cookie or category of cookies does not delete the cookie from your browser; you will need to do this yourself from within your browser. If you have disabled one or more cookies, we may still use information collected from cookies before your disabled preference was set. We stop, however, using subsequent disabled cookies to collect any further information.

We may use third-party cookies to help us improve our Website design, user experience and to provide you with information about YapStone through trusted remarketing services. We may allow selected third parties to place cookies through our Website to provide us with better insights into the use of our Website or user demographics or to provide relevant advertising to you. These third parties may collect information about a consumer’s online activities over time and across different websites when he or she uses our Website. Please note that our Partners may also use cookies, over which we have no control but which will be activated if you click through to our Partners’ websites. Please also note that third-parties may be able to uniquely identify your device or browser even if you have disabled cookies.

We may occasionally use a “click-through URL”. When you click one of these click-through URLs, you pass through our web server before arriving at your final destination. We track click-throughs to help us improve the user experience, record your acceptance of certain terms, determine your interest in particular topics and measure the effectiveness of our customer communications.

You can learn more about cookies at the following third-party websites:

DO NOT TRACK

Some web browsers permit you to set Do Not Track (DNT) signals which would prevent websites from tracking your behavior online. The applicable standards are still being developed and, as a result, we cannot respond to the DNT signal. This means our service providers are able to compile analytics about your movements on our Website and remarket YapStone Processing Services to you.

WHERE WE STORE YOUR PERSONAL DATA

The data (including personal data) that we collect from you may be processed, transferred and stored in the United States and may be transferred to, and stored at, a destination outside of the United States including, but not limited to: Canada, Ireland, Germany, Australia and India. By submitting your personal data, you agree to the transfer, storing, or processing of your personal data in destinations inside or outside the United States. Your data (including personal data) may also be processed by staff operating outside the United States who work for us or one of our Partners, Merchants or affiliated companies, or one of our third-party suppliers, or third-party service providers. Such staff may be engaged in, among other things, verifying your identity, your location or payment information, the fulfilment of your transaction, the processing of your payment details, improving our Websites and Processing Services, technical support, fraud review, and the provision of other support services or in order to comply with our legal and regulatory obligations, as well as for group administration and management purposes. YapStone complies with applicable data transfer laws.

You acknowledge and agree that your personal data may be stored or processed in the United States or transferred, stored or processed outside the United States (including in Ireland, Germany, Australia and India), as set out in this Privacy Policy.

COMPLIANCE WITH US-EU PRIVACY SHIELD FRAMEWORK

YapStone has certified that it adheres to the Privacy Shield Principles of the US-EU Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Data from EEA member countries. For information regarding the Privacy Shield, see the Privacy Shield website at: https://www.privacyshield.gov/welcome. For more information regarding how we comply with the US-EU Privacy Shield, please read our statement here: https://www.yapstone.com/legal/privacy-shield.

YapStone utilizes the American Arbitration Association (“AAA”) as our Independent Recourse Mechanism for unresolved Privacy Shield-related complaints. It may be possible, under certain circumstances, for you to invoke binding arbitration in the event of a Privacy Shield-related dispute. To file a Privacy Shield-related complaint, visit the AAA’s website at: https://go.adr.org/privacyshield.html.

SECURITY

YapStone will use reasonable technical, administrative and physical measures to protect information contained in our system against misuse, loss or alteration. All information you provide to us is stored on our secure servers or secured servers licensed for use by us. YapStone complies with the Payment Card Industry Data Security Standard (PCI-DSS).

Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Processing Services or to engage with our customer service team, you are responsible for keeping this password confidential and adequately complex. We ask you not to share a password with anyone and change your password every 90 days. If we receive instructions using your log-in information we will consider that you have authorized the instructions.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk.

USES MADE OF YOUR INFORMATION

We use information held about you in the following ways:

Performing Processing Services for you:

  • To ensure that content from our Websites is presented in the most effective manner for you and for your electronic device;
  • To allow smooth interaction between you and customer support;
  • To allow us to contact you by phone, email, text, or otherwise, about promotions offered by YapStone;
  • To carry out our and your obligations arising from any contracts entered into between you and us;
  • To allow us to carry out our contractual obligations to our Partners or our Merchants in connection with providing Processing Services to facilitate payment by users of online platforms or online marketplaces to Merchants to whom the users owe a payment obligation;
  • To allow you to participate in interactive features of our Processing Services, when you choose to do so;
  • To verify your acceptance of certain terms or conditions related to our Processing Services;
  • To notify you about changes to our Processing Services; and
  • To perform the necessary due diligence on our customers including, for example, information necessary to meet legal Customer Due Diligence, Know Your Customer and Anti-Money Laundering obligations, such as name, date of birth, and current address of individuals and/or beneficial owners of property, photo identification, utility bill copies or similar documents

Advertising customization:

  • To provide you with information, products or services which we feel may interest you (whether ours or a third party’s) where you have requested this or where you have separately agreed to this.

Security Detection, protection and enforcement; functionality debugging, error repair:

  • To detect, investigate, prevent, protect against, remediate and reduce the risks of chargebacks and fraud in our system, unauthorized transactions, or activity we think is suspicious or may be potentially illegal, unlawful or harmful, to build fraud and credit risk models to assist in the screening of users for the purposes of identifying fraudsters, preventing fraud and minimizing associated credit risk, which may include credit checks under the conditions of local law, sharing of relevant data with vendors to improve our system and services, or sharing such data in order to comply with our legal, regulatory or compliance obligations or assist law enforcement with respect to criminal or suspected criminal acts, including responding to a valid request by a law enforcement agency or regulatory or governmental authority, and use or disclosure of such data or information in connection with actual or proposed litigation, or to protect our or our affiliates’ or Partners’ property, people and other rights or interests; and
  • To enforce this Privacy Policy and/or our Website Terms of Use (“Website Terms”) or any other purpose referenced

Quality control:

• To monitor quality control and ensure compliance with our legal obligations, codes and ordinances, policies and procedures; and

• To develop and improve our products and services, for example, by reviewing visits to the Websites and various subpages, demand for specific products and services and user comments.

Auditing relating to transactions, internal research and development:

  • To provide for internal business administration and operations, including troubleshooting, Website customization, enhancement or development, testing, research, administration and operation of our Websites and data analytics;
  • To create products or services that may meet your needs; and
  • To measure performance of marketing initiatives, ads, and websites “powered by” another company on our behalf.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any affiliate of YapStone, including, Yapstone Holdings, Inc. and the subsidiaries of Yapstone Holdings, Inc.

We may disclose your data to Partners and third parties:

  • Where we have received your information from or via an online portal or marketplace through which you rent your property (in particular, disclosures of any updates to your information, including your bank account details, with such online portal or marketplace, who will use this data in accordance with their privacy policy and terms of service as made available to you by them), (1) for the purposes of your continued use of their services, (2) to enforce their policies, (3) to defend and protect the rights, property or safety of themselves or other users of their websites or services, (4) to comply with their legal obligations (including reporting to relevant taxing authorities) or (5) in the interest of national security, public interest or law enforcement in any country where they have entities or affiliates. For example, they may respond to a valid request by a law enforcement agency or regulatory or governmental authority, and they may also disclose data in connection with actual or proposed litigation, or to protect their property, people and other rights or interests;
  • If you’ve requested their services or if you’ve requested to be provided with information by them;
  • If you have done (or have agreed to do) business with them;
  • To provide you with information about our products or services or about products or services of the third parties or Partners which may be of interest to you;
  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
  • If YapStone, or Yapstone Holdings, Inc., or any of its or their affiliates, have substantially all of their assets acquired by a third party, the personal data held about you may be one of the transferred assets;
  • In order to: (1) comply with any legal obligation (including reporting obligations under fraud, anti-money laundering, or counter terrorist financing law and other applicable law and regulations); (2) enforce or apply the terms of your service agreement with us (“Terms of Service”) or the Website Terms with respect to our Processing Services or Websites; (3) enforce or apply provisions of any agreement we have with you; or (4) protect the rights, property, or safety of YapStone, or its affiliates, our customers, our users, our Partners, or others;
  • For the purposes of fraud protection, credit risk reduction, and the prevention and reporting of money laundering or other criminal or suspected criminal activity, including the building of fraud and credit risk models to assist in the screening of users for the purposes of identifying fraudsters, preventing fraud and minimizing associated credit risk for YapStone, its Partners, Merchants and other users of our Processing Services;
  • Where such third parties provide services to us that facilitate the provision of our services to you, including for example, credit card issuers, software providers and our financial services partners;
  • In order to collect and process data for other companies, your data may be shared back with such company;
  • Pursuant to a valid request or subpoena from law enforcement, regulators, court, or other government body;
  • In accordance with this Privacy Policy; and
  • With your permission. 

REMARKETING OF YAPSTONE’S SERVICES

YapStone may partner with third parties to provide you with promotions and advertisements of YapStone’s services on YapStone’s behalf. This service is called “remarketing”. Remarketing will allow third parties to display YapStone ads or promotions to you if you have previously visited one of YapStone’s Websites based upon the cookies placed on your computer.

You can prevent remarketing by deleting your cookies or blocking cookies, though certain websites operate more effectively with cookies enabled.

We abide by the following principals with respect to remarketing:

  • We will not use or associate personally identifiable information with remarketing lists, cookies, data feeds, or other anonymous identifiers;
  • We will not use or associate targeting information, such as location, with any personally identifiable information collected from an ad or its landing page;
  • We will not share any personally identifiable information with any partner ad network through our remarketing tag or any ad-associated product data feeds;
  • We do not send precise location information without obtaining your consent;
  • We abide by Google’s policies for identified Sensitive Categories; and
  • We will not modify or obscure any notices an ad network may display to users about the remarketing lists they’re on, along with the corresponding domain name.

ACCESS TO YOUR INFORMATION AND YOUR CHOICES

You can update, amend or delete information you provided at the time you registered at any time by contacting us at the address below or by logging into your account.

You can choose not to receive emails from us by either “unsubscribing” using the instructions in any email you receive from us or by emailing opt-out@yapstone.com. This will not stop us from sending emails about your account or your transactions with us.

You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected sites. If you block cookies, performance of the Website may be impaired and certain features may not function at all.

If you do not want cookies to be used for marketing, please visit the Network Advertising Initiative for opting out of interest-based advertising by participating companies. This does not mean you will not receive any online advertising – it merely means that the companies from which you opted out will no longer deliver ads tailored to your web preferences and patterns.

YOUR RIGHTS RELATED TO OTHER WEBSITES

Our Websites may contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Please be aware that YapStone is not responsible for the privacy practices of other sites, including our Partners’ websites. We encourage our users to be aware when they leave our Website to read the privacy statements of every website that collects personally identifiable information.

MOBILE APPLICATIONS

When you download or use apps relating to our Websites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information in connection with our efforts to prevent fraud or illicit use of our Processing Services and to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.

PHISHING OR FALSE EMAILS

If you receive an unsolicited email that appears to be from us or one of our Partners or third parties that requests your personal information (such as personal identifiers, credit card number, YapStone login, or password), or that asks you to verify or confirm your account or other personal information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information. This is sometimes referred to as “phishing” or “spoofing.” We do not ask for this type of information in an email. Do not provide the information or click on the link. If you receive any suspected phishing or spoofing emails, please report it to privacyofficer@yapstone.com.

PROMOTIONS

Promotions, incentives or giveaways may be made available through YapStone, our Partners, or third parties from time to time. You do not have to participate in these. However, if you choose to participate, you may be asked to disclose some personal information. Additionally, at the time of entering the promotion, we will disclose in the promotion’s materials specific terms and conditions regarding how your personal information will be used. Please do not participate in any promotion if you do not agree to such usage.

CHANGES TO THIS PRIVACY POLICY

Any changes we may make to this Privacy Policy in the future will be posted on this page with an updated Effective Date and we will endeavor to notify you by email, if one was provided to us, prior to the change becoming effective. If we are going to use your personal information in a manner different from that stated at the time of collection, we will notify you via email, if one was provided to us. You will have a choice to opt-out of having us use your information in this new manner. If you do not contact us stating your refusal to accept the changes to this Privacy Policy within one month following the date of the notice of the changes to this Privacy Policy, you will be deemed to have accepted the changes. If you refuse to accept the changes, we may be required to shut down or terminate your ability to use our Processing Services. However, if your account with YapStone has been suspended or closed, then you will not be contacted and your information will not be used in this new manner.

CONFLICT BETWEEN THIS PRIVACY POLICY AND THE TERMS OF SERVICE OR THE WEBSITE TERMS

Where there is a conflict between this Privacy Policy and an explicit provision of the Terms of Service or the Website Terms related to our Processing Services, this Privacy Policy will prevail over those other Terms.

ADDITIONAL STATE-SPECIFIC TERMS

Nevada residents: This notice is provided to you pursuant to state law. Nevada state privacy laws permit us to make marketing calls to existing customers, but if you prefer not to receive marketing calls, you may be placed on our internal opt-out list by emailing us at opt-out@yapstone.com or you may also contact the Nevada Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Ste 3900, Las Vegas, NV 89101; telephone 702-486-3132; email: AGCinfo@ag.nv.gov.

Texas residents: If you have a complaint, first contact YapStone, Inc., by visiting our website at support.yapstone.com. If you still have an unresolved complaint regarding the company’s money transmission or currency exchange activity, please direct your complaint to the Texas Department of Banking: 2601 North Lamar Boulevard, Austin, TX 78705-4294; 1-877-276-5554 (toll free); www.dob.texas.gov.

Vermont residents: In accordance with Vermont law, we will not share information we collect about you with companies outside of YapStone except as required or permitted by law. For example, we may share information to service your accounts, complete requested transactions, or to provide rewards or benefits to which you are entitled.

CALIFORNIA CONSUMER PRIVACY ACT

Under the California Consumer Privacy Act (“CCPA”), and subject to certain limitations and exceptions, if you are a California resident, you may have the following rights with respect to information we have collected about you that constitutes personal information under the CCPA:

  • To request disclosure about our personal information collection practices during the prior 12 months, including the categories of personal information we collected, the sources of the information, our business purposes for collecting or sharing the information and the categories of third parties with whom we shared such information;
  • To request a copy of the specific pieces of personal information we may have collected about you in the last 12 months;
  • To request that we delete (and direct our service providers to delete) your personal information, subject to certain exceptions;
  • To opt-out of any “sales” of your personal information, if a business is selling your information; and
  • To not be discriminated against for exercising these rights.

To exercise your data protection rights California residents contact us at privacyofficer@yapstone.com. If you have questions, please contact us as described in the “Contact Us” section below. You may be required to provide additional information necessary to confirm your identity before we can respond to your request and we will use that information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be. We will acknowledge receipt of your request within 10 days and will endeavor to respond within 45 days of receipt of your request, but if we require more time (up to an additional 45 days) we will notify you of our need for additional time. For requests that we not sell your information we will comply with your request within 15 days. We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you.

You may make a request for disclosure of our information collection practices, the information we collected about you, or our sharing practices up to twice within a 12-month period. You may make a request that we not sell information or for deletion of your information at any time.

For requests for a copy of the personal information we have collected during the 12 months prior to your request we will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us.

For requests for deletion of your information, please understand that California law permits us to retain certain information and not to delete it under certain circumstances. By way of example, we are not required to comply with a request to delete information if (1) the information is necessary for us to (a) complete a transaction for you or otherwise perform a contract; or (b) detect, protect against, or prosecute security incidents, fraud or illegal activity; (2) we use the information only internally in ways reasonably aligned with your expectations as our customer (such as maintaining sales records), and (3) we are required to retain the information to comply with legal obligations. If we receive such a request from you, we will notify any service providers we have engaged to delete your information as well.

We will not discriminate against you as a result of your exercise of any of these rights.

Selling Information. We do not sell your information for monetary consideration and we do not disclose your information for other valuable consideration. If, in the future, we enter into arrangements that fall within the definition of a “sale” under the CCPA, we will update this Privacy Policy and our compliance with the CCPA.

Using an Authorized Agent. You may submit a request through someone holding a formal Power of Attorney. Otherwise, you may submit a request using an authorized agent only if (1) the person is registered with the Secretary of State to do business in California, (2) you provide the authorized agent with signed written permission to make a request, (3) you verify directly with us that you have authorized the person to make the request on your behalf, (4) you verify your own identity directly with us, and (5) your agent provides us with proof that they are so authorized. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.

During the past 12 months we have collected the following categories of information about California residents from the listed sources, used it for the listed business purposes and shared it with the listed categories of third parties. This includes information about Website visitors, registered users, employees, vendors, suppliers and any other person interacting with us either online or offline. Not all information is collected about individuals. For instance, we may collect different information from applicants for employment than from customers.

Category of Information collected

Source: How was this data collected?

Business purposes for use: Why are we collecting this data?

Categories of third parties receiving information: Who will get the data that has been collected?

Identifiers (name, alias, postal address, email address, phone number, fax number, account name, Social Security number, driver's license number, passport number, unique personal identifier, IP address)

Individuals submitting information to us; or

information we may receive from data partners.

Auditing relating to transactions;

security detection, protection and enforcement;

functionality debugging/error repair;

performing services for you;

accepting or retaining your agreement to use of our Processing Services;

fraud and illicit activity detection and prevention; or

employment or application for employment purposes.

Service providers (such as payment processors, mail houses, employee benefits partners);

affiliated companies;

auditors;

outside legal counsel; or

law enforcement.

Sensitive Information (name with financial account, medical, health, and health insurance information, user name and password)

Individuals submitting information to us;

Information we may receive from data partners;

employment applications; or

employees.

Auditing relating to transactions;

security detection, protection and enforcement;

functionality debugging/error repair;

performing services for you; or

employment purposes.

Service providers (such as payment processors, employee benefits partners);

affiliated companies; or

law enforcement.

Protected classification information (race, gender, ethnicity, religion)

Individuals submitting information to us;

Employment applications; or

employees.

Security detection, protection and enforcement; or

employment or application for employment purposes.

Service providers (such as employee benefits partners);

affiliated companies; or

government regulators.

Commercial information (transaction history, products/services purchased, obtained or considered, product preference)

Individuals submitting information to us; or

information we may receive from data partners.

Auditing relating to transactions;

security detection, protection and enforcement;

functionality debugging/error repair; or

performing services for you.

Service providers (such as payment processors);

affiliated companies; or

law enforcement.

Electronic network activity (browsing or search history, website interactions, advertisement interactions)

Information automatically collected from Website visitors.

Security detection, protection and enforcement; or

functionality debugging/error repair.

Affiliated companies; or

law enforcement.

Audio, video or similar information (customer service calls, security monitoring)

Individuals submitting information to us; or

information we collect for security purposes.

Security detection, protection and enforcement;

performing services for you; or

quality control.

Affiliated companies.

Biometrics

Not Collected

Not Collected

Not Shared

Geolocation

Information we automatically collect from Website visitors.

Security detection, protection and enforcement; or

fraud and illicit activity detection and prevention.

Affiliated companies; or

law enforcement.

Professional, educational or employment related information

Individuals submitting information to us;

information received from third parties in connection with vendor or employment status or applications; or

information we observe in connection with vendor or employment oversight.

Security detection, protection and enforcement; or

employment or application for employment purposes.

Affiliated companies.

Inference from the above (preferences, characteristics, behavior, attitudes, abilities, etc.)

Not Collected

Not Collected

Not Collected

CONTACT US

Questions, comments, and requests regarding this Privacy Policy are welcomed and should be addressed to:

YapStone, Inc.
Legal Department
2121 N. California Blvd., Suite 400
Walnut Creek, CA 94596.
privacyofficer@yapstone.com

Effective Date: June 26, 2020

Download the PDF version of The YapStone Privacy Policy


Yapstone Logo

Yapstone is a PCI-DSS Compliant Payment Facilitator, operating with Money Transmitter Licenses in all required states and territories.

Products

Facebook LogoTwitter LogoInstagram Logo
© 2019 YapStone, Inc. NMLS #1488912. All rights reserved.

By continuing to use this website you consent to our use of cookies to enhance your experience. To find out more about how we use cookies or to change your cookie settings, please review our Privacy Policy.