PerkStreet Financial

This privacy policy describes our policies with respect to your Personal Information. We will describe how your information is collected, how it is used, and how it is protected.

In this policy, you and your mean the customer or customers in whose name or names your PerkStreet Checking Account is listed. We, us and our mean PerkStreet Financial, Inc. The Bank means The Bancorp Bank, which offers the PerkStreet Checking Account. Perks Account means your PerkStreet rewards account. Personal Information means information about you that we collection in connection with providing your Perks Account to you. Personal Information does not include information that is available from public sources, such as telephone directories or government records.

How we use, collect and retain Personal Information

We collect Personal Information about you from the following sources:

• Information you give us or the Bank on applications and other forms
• Information about your transactions with us or others
• Information from the Bank

If your Perks Account or your PerkStreet Checking Account is closed for any reason or becomes inactive, we will treat your Personal Information as if you were still our customer.

The Security of Your Personal Information

We limit the access by our employees and agents to Personal Information that we believe is reasonably necessary to maintain your Perks Accounts, to complete transactions or Perks redemptions, or otherwise meet your needs

We will not share your Personal Information with any company or third party except as required or permitted by law.

This means, for example, that we can disclose your confidential information:

• To third parties that help us provide products or services to you, such as the Bank, data processors that work for us, mail companies, or software vendors;
• To third parties that assist us in marketing accounts and services and to other financial institutions with which we have joint marketing agreements to enhance our financial product or service offerings;
• To third parties, such as merchants, that process or service a financial product, service or transaction that you requested or authorized;
• To respond to a subpoena, court order or judicial process; to pursue a sale, merger, or transfer of all or a portion of a business or operating unit; to our regulators and auditors; to protect against or prevent fraud, manage risk, or resolve customer disputes;
• To a third party with whom you specifically authorize us to share the information.

Whenever other companies or third parties provide services for us or on our behalf, we require them by contract to maintain appropriate safeguards designed to ensure the security and the confidentiality of your Personal Information.

If You Have Any Questions:

If you have any questions regarding this policy, please write us at support@myperkstreet.com, or call us at 866-792-2834.

Changes to Our Policy

This policy is accurate as of the date at the top of the policy. We reserve the right to change this policy and any of the practices described here at any time by providing appropriate notice to you.

Our Website Policy

We are also committed to the responsible use and protection of your Personal Information on our website. Our website privacy notice can be found at http://www.perkstreet.com.

For Nevada Residents Only

Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 West Washington Street, Suite 3900, Las Vegas, NV 89101; telephone number: 1-702-486-3132; e-mail BCPINFO@ag.state.nv.us; PerkStreet Financial, Customer Service Center, 409 Silverside Road, Suite 105, Wilmington, DE .

Notice

Please carefully review the following Terms and Conditions for Use of this web site ("Terms and Conditions"). In these Terms and Conditions, "we," "us," "our" and "PerkStreet" all refer to PerkStreet Financial. By accessing this site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site, or any pages thereof.

Use of Information and Materials

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. The information contained in this web site is not intended to provide any specific legal, accounting, financial, or tax advice to individuals or entities, and shouldn't be relied on or used for any such purposes. Downloading, printing or copying from this web site must be for noncommercial, personal use only.

Copyright Information

Content in the pages, in the screens displaying the pages, and in the information, materials and other content contained in the site is owned by PerkStreet Financial unless otherwise indicated and is protected by United States and international copyright laws and treaties. The information, materials and other content may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to created a derivative work, sold, or otherwise used for public or commercial purposes without the express written consent of PerkStreet.

Trademarks Belonging to PerkStreet Financial and Others

PerkStreet is a trademark of PerkStreet Financial. Unauthorized use of any logos and/or name or trade names belonging to PerkStreet Financial or any of its affiliates or subsidiaries is prohibited. Certain graphics, logos, icons, designs, words, titles or phrases contained in this web site may constitute trade names, trademarks or service marks of PerkStreet Financial or others. Trademarks may be registered in the United States and in other countries as applicable. The display of trademarks on the pages of this web site does not imply that a license of any kind has been granted unless expressly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of law, and could subject the copier to legal action.

Amazon, Amazon.com, Amazon MP3, the Amazon MP3 logo and the Amazon.com logo are trademarks of Amazon.com, Inc. or its affiliates. iTunes® and iTunes Logo® are registered trademarks of Apple Inc. BEST BUY, the BEST BUY logo and the tag designs are trademarks of BBY Solutions, Inc. Bruegger’s and the Bruegger’s logo are trademarks of © Bruegger’s Enterprises, Inc. The Dunkin’ Donuts trademarks/ trade dress are owned by DD IP Holder LLC. Used under license. GAP, Inc. and the GAP logo are trademarks of © GAP, Inc. Peet’s and the Peet’s logo are trademarks of © Peet’s Coffee & Tea, Inc. Rhapsody and the Rhapsody logo are trademarks of © RealNetworks, Inc. Starbucks, the Starbucks logo and the Starbucks Card design are either trademarks or registered trademarks of Starbucks U.S. Brands, LLC. The Bullseye Design and Target are registered trademarks and Target GiftCard is a service mark of Target Brands, Inc. All rights reserved. Ticketmaster and the Ticketmaster logo are trademarks of Ticketmaster Entertainment, Inc.

Links

Please note that once you leave this web site, PerkStreet Financial accepts no responsibility for the content, products, services or privacy policies of non-PerkStreet web sites. Links to other web sites or references to products, services or publications other than those of PerkStreet Financial don't imply the endorsement or approval of such web sites, products, services or publications by PerkStreet Financial.

Warranty Disclaimer

The information contained in this site, including texts, graphics,, links, or other items are provided “as is.”. Neither PerkStreet nor its suppliers warrant the availiability, accuracy, adequacy, completeness or timeliness of the information, materials, products, and services accessed on or through the site and expressly disclaims liability for errors or omissions in the information or materials accessed on or through the site. No warranty of any kind, whether implied or express, including but not limited to the warranties of non-infringement, title, merchantability, fitness for a particular purpose and freedom from computer virus is given in conjunction with the information, materials, products, or services.

Governing Law and Jurisdiction

You agree that your use of the site shall be governed by all applicable Federal laws and the laws of the State of Delaware without giving effect to any principles of conflicts of law. You expressly agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the City of Wilmington in the State of Delaware.

Limitation of Liability

In no event will PerkStreet be liable for any damages, including without limitation direct or indirect, special incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if PerkStreet, or representatives thereof, are advised of the possibility of such damages, losses, or expenses.

Questions?

If you have any questions, or would like additional information, you may contact PerkStreet Financial by email at HYPERLINK "mailto:support@myperkstreet.com" support@myperkstreet.com, by telephone at 866.792.2834 or write to Customer Service Center at 409 Silverside Road, Suite 105, Wilmington, DE, 19809.

Revised 9/08/09

1. Introduction

This agreement sets forth the terms and conditions that govern the PerkStreet Rewards Program (the “Rewards Program”). By establishing a PerkStreet checking account with our banking partner (the “PerkStreet Checking Account), you are automatically eligible for and become a member of the Rewards Program. By maintaining your PerkStreet Checking Account and becoming a member of the Rewards Program, you agree to the terms and conditions in this agreement.

2. Defined Terms

“You” and “your” refers to the customer or customers in whose name or names the PerkStreet Checking Account is listed. “We,” “us” and “our” refers to PerkStreet Financial, Inc. “Perks Account” refers to your PerkStreet rewards account. “Perks” refers to the rewards you have accumulated by making Qualifying Purchases (as defined below) with your PerkStreet Financial Visa^® Debit Card (the “PerkStreet Card”). “Perks Website” refers to https://rewards.perkstreet.com, which can only be accessed by going to https://www.myperkstreet.com, signing into your PerkStreet Checking Account, and clicking on “My Rewards.” “Perks Merchants” refers to merchants listed on the Perks Website. “Coffee Perks Merchants” refers to Perks Merchants listed on the Perks Website as participating in the Coffee Program, as defined below. “Music Perks Merchants” refers to the Perks Merchants listed on the Perks Website as participating in the Music Program, as defined below.

3. Eligibility

You may only open a PerkStreet Checking Account and have a Perks Account if you are a natural person using the PerkStreet Checking Account for personal, family or household purposes. You will only earn Perks on your PerkStreet Card purchases as long as we, in our sole discretion, determine that your PerkStreet Checking Account is in good standing and is eligible for participation in the Rewards Program. An ineligible PerkStreet Checking Account includes, without limitation, a PerkStreet Checking Account that is frozen, restricted, closed, terminated, expired, inactive or dormant, is subject to litigation or any adverse (or conflicting) claim of any third party, or has a negative balance. In the event of fraud or abuse of the Rewards Program privileges or violation of this agreement (including any attempt to sell, exchange or otherwise transfer Perks), we reserve the right to cancel your membership in the Rewards Program.

4. Perks Account Owners

Multiple PerkStreet Cards issued in connection with the same PerkStreet Checking Account will share the same Perks Account. Any person with signature authority on a PerkStreet Checking Account may redeem Perks, regardless of who earned the Perks. We are not responsible for and have no duty, obligation or liability regarding any disputes involving joint PerkStreet Checking Account holders or authorized users of the PerkStreet Card relating to Perks Account ownership, participation in or redemption of rewards under the Rewards Program.

5. Qualifying Purchases

You earn Perks by making Qualifying Purchases with your PerkStreet Card. “Qualifying Purchases” include:

• Purchases you sign for (purchases using your PIN code do not earn points)
• Internet purchases
• Phone and mail order purchases
• Contactless purchases (purchases made by holding your PerkStreet Card up to a secure reader instead of swiping your PerkStreet Card)

You cannot purchase Perks.

6. Choosing a Perks Program

When you first sign up for a Perks Account, you must select a “Perks Program” described in section 8. You can change your Perks Program at any point in the future.

7. How You Redeem

Logging into the Perks Website will allow you to access your Perks Account. We have partnered with a variety of Perk Merchants to offer you choices in redeeming your Perks. We may add or remove Perks Merchants in our sole discretion. When you redeem Perks, we will load credits onto gift cards or your account at a Perks Merchant of your choice. Depending on the Perks Program you have selected and the Perks Merchant you select for redeeming your Perks, we may offer these credits via a variety of methods and at varying redemption thresholds, which we may change in our sole discretion. Information regarding the redemption thresholds and the method of redemption is available on the Perks Website. You cannot transfer or sell Perks, and all Perks must be redeemed by you.

8. Perks Programs

Currently, there are three Perks Programs from which you may choose: the Coffee Program, the Music Program or the Cash Back Program. We may add or remove Perks Programs in our sole discretion. Each Perks Program has its own Perk and frequency of Perks accrual.

• The Coffee Program Perk is a “cup” of coffee. For every $200 in Qualifying Purchases, you will earn 1 “cup.” You can redeem each “cup” that you earn for $2 in credit at any Coffee Perks Merchant. The $2 in credit that you obtain upon redeeming each “cup” may be used toward any product offered by the Coffee Perks Merchant.
• The Music Program Perk is a “song.” For every $100 in Qualifying Purchases, you will earn 1 “song.” You can redeem each “song” that you earn for $1 in credit at any Music Perks Merchant. The $1 credit that you obtain upon redeeming each “song” may be used toward any product offered by the Music Perks Merchant.
• The Cash Back Program base currency is a dollar. For every $100 in Qualifying Purchases, you will earn 1 dollar. You can redeem each dollar that you earn for $1 in credit in PerkStreet Financial Visa Gift Cards or at the Perks Merchants for the Cash Back Program, a list of which can be found on the Perks website.

9. Perks Accrual

The amount and type of Perks earned are based on the Perks Program in which you are enrolled at the time we post Perks to your Perks Account. We will post Perks to your Perks Account periodically. The frequency with which we post Perks to your Perks Account is in our discretion and subject to change without notice. You are only able to redeem Perks in whole units. The Perks Website will show your accrued Perks but will only reflect whole units of Perks, so any partial progress towards earning your next Perk will not be shown.

10. Switching Perks Programs

You may switch Perks Programs at any time by going to the Perks Website and selecting one of the available Perks Programs. There is no penalty to switch between Perks Programs. Your accumulated Perks will be switched over to the Perks for the new Perks Program, based on the ratio of the credit upon redemption of the old Perks to the new Perks. For example, 10 cups of coffee would be converted to 20 songs. Partial progress towards earning your next Perk will also be converted. We reserve the right to deny a request to switch Perks Programs if we determine, in our sole discretion, that such switches could be fraudulent or that there have been an excessive number of switches.

11. Expiration

Your Perks are valid until the end of the 36th month after the month in which they are posted to your Perks Account. Perks Accounts that are closed with a positive Perks balance will have the remaining balance forfeited at the time of closure. Perks will expire and be redeemed on a first in, first out basis.

12. Account Reversals

You earn rewards based on the Qualifying Purchases that you make with your PerkStreet Card. If you receive a credit to your PerkStreet Checking Account for any portion of a Qualifying Purchase, we will deduct an equal amount of Perks from your Perks Account that you earned by making the original Qualifying Purchases. In the event that this reversal results in your Perks Account having a negative balance, you agree that we may deduct from your PerkStreet Checking Account an amount equal to the credit you would otherwise receive upon redeeming the number of Perks by which your account is negative.

13. Perks Forfeiture

If your PerkStreet Checking Account is closed for any reason, your Perks Account will also be closed, and any Perks in the Perks Account will be forfeited. Your Perks may also be forfeited if your PerkStreet Checking Account becomes ineligible in accordance with section 3 for any reason. If your PerkStreet Checking Account balance is $0 or less, you will not be able to redeem Perks until such time as you make additional deposits to bring your account balance positive. You agree to forfeit all Perks earned over the life of the Perks Account if we determine in our sole discretion that the Perks that have been earned were the result of fraud, abuse of Rewards Program privileges or violation of this agreement.

14. Bonus Perks

Under certain circumstances you may be eligible for bonus Perks. Your bonus Perks may also be in the form of partial progress toward earning a Perk. We will calculate the bonus Perks, if any, each time we process your Qualifying Purchases. The frequency with which we process your Qualifying Purchases varies and is in our discretion and subject to change without notice.

• Coffee Program – If you are enrolled in the Coffee Perks Program at the time we process your Qualifying Purchases, we will give you a bonus equal to 25% of the amount of Perks you have earned for making Qualifying Purchases at any Coffee Perks Merchant since the last time we processed your Qualifying Purchases. In order for your Qualifying Purchase to be eligible for the bonus Perks, the Perks Merchant must be a Coffee Perks Merchant at the time we process your Qualifying Purchase.
• Music Program – If you are enrolled in the Music Perks Program at the time we process your Qualifying Purchases, we will give you a bonus equal to 25% of the amount of Perks you have earned for making Qualifying Purchases at any Music Perks Merchant since the last time we processed your Qualifying Purchases. In order for your Qualifying Purchase to be eligible for the bonus Perks, the Perks Merchant must be a Music Perks Merchant at the time we process your Qualifying Purchase.
• Cash Back Program –If you have been enrolled in the Cash Back Perks Program for the entire 60-day period prior to your birthday, or the life of your Perks Account if your Perks Account has been open for less than 60 days, we will give you a bonus of 25% of the amount of Perks earned for Qualifying Purchases that you make on your birthday. We will use the “transaction date” and not the “posting date” of the Qualifying Purchase to determine the Qualifying Purchases you make on your birthday. In the case of joint PerkStreet Checking Accounts, we will use the birthday of the PerkStreet Checking Account holder who was listed first in the PerkStreet Checking Account application. We rely on information furnished by you in your application to determine your birthday.

15. Bonus Eligibility.

We use data supplied by merchants and/or payment networks to determine which Qualifying Purchases are eligible for the bonus. Occasionally, this data will not be sufficient to make an appropriate determination on bonus eligibility. If that is the case, you can send us an image of the receipt for the Qualifying Purchases in an email addressed to BonusPerksIssues@perkstreet.com or in a fax to (888) 737-5749. Please include your name, address and the last four (4) digits of your PerkStreet Card number in the email or fax. We will investigate your request and notify you with our decision. We will evaluate requests on a case by case basis and all decisions by us are final.

16. General

The Rewards Program and its benefits are offered at our sole discretion. We reserve the right to cancel, terminate, change or temporarily suspend the Rewards Program and to amend this agreement at any time without notice. Cancellation, change or suspension of the Rewards Program may result in the forfeiture of earned Perks, in our discretion. We may modify the Rewards Program and this agreement in any manner we choose, including without limitation, making changes that reduce or eliminate Perks earned; that modify the formula used to calculate how Perks are earned, that change or eliminate Perks Programs, that change or eliminate Perks Merchants, or that institute new fees, such as for membership in the Rewards Program or for redemption of Perks. The Rewards Program is void where prohibited by federal, state or local law. This agreement is governed by Delaware law. You are responsible for any tax liability related to participation in the Rewards Program or as a result of Perks earned or redeemed.

17. Limitation of Liability

Neither we nor or any other entity associated with the Rewards Program, shall have any liability arising from, or related to, the Rewards Program. You and every other beneficiary of the Rewards Program release, discharge, and hold harmless us and any other entity associated with the Rewards Program and each of our respective subsidiaries, affiliates, employees, officers, directors, successors and assigns from all claims, damages or liability, including but not limited to physical injury or death, arising out of participation in the Rewards Program. If you are denied a benefit of the Rewards Program to which you are entitled, our liability shall be limited to your earned portion of the value of the benefit. Neither we nor any other entity associated with the Rewards Program shall have any liability arising from, or related to, the rewards of the Rewards Program, except as expressly stated herein.

Neither we nor our banking partner is responsible for the terms and conditions imposed by Perks Merchants or other suppliers of gift cards or credits. Neither we nor any Perks Merchant is responsible for replacing lost, stolen or expired gift cards. Gift cards and credits are not refundable or exchangeable or redeemable for cash and may not be sold. Gift cards and credits are valid only at participating suppliers through their expiration date. Delivery of a gift card will be made by first class mail. Please allow 2-3 weeks from the time of your request. We are not responsible for gift cards that are not received. Gift cards are void where prohibited by law. Gift card rewards and credits will not be personalized and are transferrable to any person. Gift card rewards cannot be replaced or refunded if lost or stolen or if a merchant fails to honor them or goes out of business. Once you redeem Perks for a reward, neither we nor our banking partner is responsible for the merchant’s failure to honor the gift card or credit. Mechanical reproductions, copies or facsimiles of a gift card will not be accepted. Additional terms and conditions imposed by the merchant or retailer will also apply.

Perks Merchants and any other suppliers of rewards are independent contractors and are not our agents or the agents of our banking partner. We expressly disclaim any implied warranties of merchantability of fitness for a particular purpose with respect to any rewards.