Terms and Conditions

Wyrz Cardholder Agreement

IMPORTANT – PLEASE READ

CAREFULLY

  1. Terms and Conditions for the Wyrz Prepaid Visa® Card. This document constitutes the agreement ("Agreement”) outlining the terms and conditions under which the Wyrz Prepaid Visa Card has been issued to you by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa U.S.A. Inc. "Metropolitan Commercial Bank” and "Metropolitan” are registered trademarks of Metropolitan Commercial Bank © 2014. The Program Manager for the Wyrz Prepaid Visa Card is Prepaid Network, Inc and the Customer Service telephone number is 1-800-353-4516. By accepting and/or using this Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "Card” means the non-reloadable Virtual Wyrz Prepaid Visa Card issued to you by Metropolitan Commercial Bank, and sold to you by Prepaid Network Inc, dba Wyrz, the seller and distributor of the Wyrz Card. "Card Account” means the records we maintain to account for value of claims associated with the card. "You” and "your” means the person or persons who have received the Card and who are authorized to use the Card as provided for in this Agreement. "We,” "us,” and "our” mean Metropolitan Commercial Bank, our successors, affiliates or assignees, together with Wyrz. The Card is nontransferable, and it may be canceled, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you apply for a Wyrz Card, we will ask for your name, address, date of birth and social security number or country identification number, and other information that will allow us to identify you. We may also ask to see your driver’s license or other documentation bearing your photo as verification of your identity. By participating in the Card program, you warrant factual representation of the required information is accurate, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), social security number or other identification documentation, date of birth, and telephone number. If you falsify, misrepresent, or fail to provide requested information, we may cancel your Card. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially Federal investigation. We reserve the right to restrict or delay your access to any such funds.

  1. Your Card. The Card is a non-reloadable virtual prepaid card. The Card allows you to access funds loaded to your Card Account by you. The funds in your Card Account will be FDIC-insured once we have been able to verify your identity. You may access the funds in your Card Account by using your Card Number to make a purchase. The Card is not a credit card. The Card is not a gift card, nor is it intended for gifting purposes. You will not receive any interest on your funds on the Card. The funds on your Card will not expire, regardless of the expiration date on the front of your Card. After a period of 24 hours, your Card Account will expire and any unspent funds will be returned to your original funding source (bank account, debit or credit card used to purchase the Wyrz Prepaid Visa Card).

  2. Fees: All fees are related to the APPLICATION AND use of your Card. ALL FEES (AND THOSE REGARDING THE MISUSE OF YOUR CARD) are set forth in the "Schedule of Fees and Charges” ATTACHED TO THIS AGREEMENT AND INCORPORATED HEREIN BY REFERENCE. FEES INCURRED PURSUANT TO THE TERMS OF THIS AGREEMENT MAY be withdrawn from your Card Account and will be assessed so long as there is a remaining balance in your Card Account, unless prohibited by law. You agree to pay all fees associated with the Card. We may from time to time amend the Fee Schedule, at our sole discretion as set forth in the section of this Agreement entitled, "Amendment and Cancellation.” If you request a service that is not included in this Schedule of Fees and Charges and there is a fee for such service, such fee will be disclosed at the time you request the service and you agree that any such fee may be deducted from your Card Account.

  3. Virtual Card Account Use and Purpose. Subject to the limitations set forth in this Agreement, you may use your Virtual Card or Virtual Card Number to purchase goods or services wherever your Virtual Card is honored as long as you do not exceed the value available in your Virtual Card Account. There may be fees associated with some of these transactions. For fee information, see the "Schedule of Fees and Charges” attached to this Agreement. You agree not to use your Virtual Card Account for illegal gambling or any other illegal purpose. You are wholly responsible for the use of this card according to the terms of this agreement.

  4. Purchasing and loading your Virtual Card Account. You may purchase and add funds to your virtual card (called "value loading”) using the Wyrz website (www.wyrz.co)) and your bank account, debit card, or credit card. Absent special approval, the maximum aggregate value of funds across the Virtual Card Account(s) you hold with us may not exceed $10,000 in any 24 hour period. You agree to present the Card information and meet identification requirements as may be required from time to time. You cannot load your Card Account by check or money order.

  5. Limitations on Frequency and Dollar Amounts of Card loads: The aggregate amount of Cards that you can purchase in any 24-hour period is limited to a value of $10,000 - (see Transaction Limits amounts set forth in the enclosed Schedule of Fees and Charges). The maximum value of any one Virtual Card Account(s) is restricted to $1,500. We will determine any maximum value by aggregating the activity and value of all Card Accounts you may have with us. For security reasons, we may further limit the number or dollar amount of transactions you can make with your Card.

  6. Transactions Using Your Virtual Card Number. Although you initiate a transaction by providing your Virtual Card Number without the use of a physical card (whether for a mail order, Internet or telephone purchase), the legal effect will be the same as if you used a Card to conduct a PINNED or SIGNATURE transaction for such purchases.

  7. Your Obligation for Negative Balance Transactions. You should monitor your balance and ensure that you have funds available in your Virtual Card Account to cover the transaction and all associated fees. The transaction will be rejected (declined) for insufficient funds and will not exceed available funds (no negative balance). Each time you initiate a Virtual Card transaction, you authorize us to reduce the funds available in your Virtual Card Account by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount in your Virtual Card Account through an individual transaction or a series of transactions to create a "negative balance” as the transaction will be declined. Nevertheless, if any transactions cause the balance in your Virtual Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees.  You may also be liable for any related Insufficient Funds/NSF Fee(s) as set forth in the accompanying "Schedule of Fees and Charges.”  We reserve the right to bill you for any negative balance or to recoup such negative balance from any other Virtual Card we have issued to you. You agree to pay us promptly for the negative balance and any related fees. We also reserve the right to cancel your Virtual Card should you create one or more negative balances with your Virtual Card.

  8. Business Days. Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of New York.

  9. Authorization Holds. You do not have the right to stop payment on any purchase transaction originated by use of your Card. When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and the merchant may estimate its final value. When we authorize a purchase transaction, we commit to make the requested funds available when the transaction finally settles and will place a temporary hold on your Card’s funds for the amount indicated by the merchant. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card for the correct amount of the final transaction.

  10. Returns and Refunds. If you are entitled to a refund for any reason for goods or services obtained with your Virtual Card, you agree to accept such credits to your original funding source (debit or credit card used to purchase the Wyrz Prepaid Visa Card). The amounts credited to your original funding source for refunds may not be available for up to five (5) days from the date the refund transaction occurred.

  1. Card Cancellation and Suspension; Limits. When you purchase a Card directly from the Wyrz website, we will only take the funds from your bank account or credit card once you view the card online. If the value of the Card is not spent within 24 hours of purchase, the funds will be returned to your original funding source (bank account, debit, or credit card), and the Virtual Card will be canceled. We reserve the right, in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of transactions. We may refuse to issue a Card, revoke Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. Our cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We can waive or delay enforcement of any of its rights under this Agreement without losing them.

  2. Decline of Transactions. International transactions will be declined; we reserve the right to decline any transaction as we see fit. We have no obligation to inform You of the reason for a decline.

  3. Receipts. You will receive via email a receipt at the time you purchase a Wyrz card. You agree to retain your receipt to verify your purchase. If you do not receive a receipt, please contact Wyrz Customer Service at 1-800-353-4516 or go to our website at www.wyrz.co.

  4. Confidentiality. We may disclose information to third parties about your Card or the transactions you make using your Card: (1) Where it is necessary for completing transactions; (2) In order to verify the existence and condition of your Card for a third party, such as a merchant; (3) In order to comply with government agency, court order, or other legal reporting requirements; (4) If you give us your written permission; (5) To our employees, auditors, affiliates, service providers, or attorneys as needed; and (6) as otherwise provided in our Privacy Policy Notice below. By accepting these Terms and Conditions you agree to the disclosure of your personal information as set out in this paragraph.

  1. Our Liability for Failure to Complete Transactions. In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. We will not be liable, for instance: (1) If, through no fault of ours, you do not have enough funds available in your Card Account to complete the transaction; (2) If a merchant refuses to accept your Card; (3) If access to your Card has been blocked after you reported your Virtual Card or login/access information compromised; (4) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (5) If we have reason to believe the requested transaction is unauthorized; (6) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; (7) Any other exception stated in our Agreement with you.

  2. In Case of Errors or Questions about your Card Account. Telephone Wyrz Customer Service at 1-800-353-4516, go to our website at www.wyrz.co or write to us at The Seagram Building, 375 Park Avenue Suite 2607, New York City NY 10152 U.S.A. as soon as you can, if you think an error has occurred in your Card Account. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You will need to tell us: (1) your name and Card Number; (2) why you believe there is an error, and the dollar amount involved, and (3) approximately when the error took place. If you tell us orally, we will require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days (5 business days for Visa Point-of Sale Signature unauthorized debit transactions) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, days (5 business days for Visa Point-of Sale Signature unauthorized debit transactions) we may not credit your Card. For errors involving new Cards, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation and debit your account for the amount of the provisional credit. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-r

  3. Unauthorized Transfers. If you believe your Virtual Card Number has been accessed by an unauthorized party or you believe an unauthorized electronic transfer occurred without your permission, contact Wyrz Customer Service at 1-800-353-4516 or write to us at The Seagram Building, 375 Park Avenue Suite 2607, New York City NY 10152 U.S.A., Attn: Customer Service. You should also email Customer Service at support@wyrz.co. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way.

  4. Your Liability for Unauthorized Transfers. You agree to exercise reasonable control over your user ID(s); and password(s) and any other access code related to your Card Account (each, an "Access Code"). Tell us AT ONCE if you believe your Card information or Access Code(s) has been lost or stolen. Also, if your transaction history shows transfers that you did not make, including those made with your Card Number or Account Number, or you believe an electronic transfer has been made without your permission, tell us at once. Telephoning Customer Service on 1-800-353-4516 is the best way of keeping your possible losses down. You could lose all of the money in your Card Account. If you tell us within two (2) business days after you learn of the loss or theft of your Card information, you can lose no more than $50.00 if someone used your Card information without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card information, and we can prove that we could have stopped someone from using your Card information without your permission if you had told us, you could lose as much as $500.00. If you do not tell us within sixty (60) days after the earlier of the date you electronically access your Card Account or the date we sent the FIRST written history on which the error appeared, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good, documented, reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

The following provisions of this Section apply to all Card Accounts: You will not be liable for unauthorized use that occurs after you notify us of the unauthorized use of your Card information or Access Code(s). You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue replacement Card(s) or Access Code(s), but only after you have provided such proof and security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate your Card(s) and/or Card Account to prevent future losses. If you share your Card(s) or Access Code(s) (PIN(s)) with another person, use of your Card Account by that person may be considered as authorized. If you authorize another person to use your Card or Access Code(s), you agree that you will be liable for all transactions arising from use of the Card or Access Code(s) by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way. Visa’s Zero Liability policy covers U.S.–issued cards only and does not apply to certain commercial card transactions. Cardholder must notify us promptly of any unauthorized use.

  1. Other Terms. Your Virtual Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Virtual Card Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, whether local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement shall be governed by the law of the State of New York except to the extent preempted or governed by federal law.

  2. Amendment and Cancellation. We may amend or change the terms and conditions of this Agreement at any time and you must read and agree to it each time You purchase a Card. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You also may cancel this Agreement by calling customer service on 1-800-353-4516. If your Card is canceled by you or us when the Card has a balance, we will credit your original funding source (bank account, debit, or credit card) when you made the purchase. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

  3. Telephone Monitoring/Recording. From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

  4. No Warranty Regarding Goods and Services. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase through your Virtual Card Account.

  5. Arbitration Provision. This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. (a) Definitions: As used in this Arbitration Provision, the term "Claim” means any claim, dispute or controversy between you and us, or between you and Prepaid Network Inc, program manager of the Wyrz Prepaid Visa® Card. or any of its agents or retailers, arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreement. "Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term "Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any additional cardholders designated by you; (ii) the amount of available funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court shall be pursued only in arbitration. As used in this Arbitration Provision, the terms "we” and "us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we” or "us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms "you” or ”your” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders. (b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services ("JAMS”) or the American Arbitration Association ("AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org. © Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE "CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. (d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. (e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification. (f) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. (g) Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

  6. Delivery of Electronic Communications

The following E-Communication Disclosure ("Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Card Account and any related products and services ("Communications”), to the extent you have consented to receiving such Communications electronically (and a failure to consent will result in a declined application for a Wyrz Prepaid Visa® Card).

Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we will provide you with all Communications in electronic format, unless and until you withdraw your consent as set out below. Your consent to receive electronic Communications includes, but is not limited to:

  • All legal and regulatory disclosures and communications associated with your Card Account and any related products or services

  • Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement

  • Privacy policies and notices

  • Error resolution policies and notices

  • Responses to claims filed in connection with your Card Account

  • Notices regarding insufficient funds or negative balances

Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such Communications on our website at

www.wyrz.co

How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by contacting us at 1-800-353-4516 or writing to us at The Seagram Building, 375 Park Avenue Suite 2607, New York City NY 10152 U.S.A. If you do withdraw your consent, you will no longer be able to use your Card Account, except where prohibited by law. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e-mail address, your contact information, and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through www.wyrz.co or by contacting us at 1-800-353-4516.

Hardware and Software Requirements. In order to access, view, and retain Communications that we make available to you electronically, you must have:

  • An Internet browser that supports 256 bit encryption

  • Microsoft Internet Explorer IE11 or above, or the equivalent software

  • Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit

  • An e-mail account with an Internet service provider and e-mail software

  • A personal computer (1.00 GHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in via a plain text-formatted e-mail or by access to our web site using browser specified above or equivalent software.

Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by calling 1-800-353 -4516, or by writing to us at The Seagram Building, 375 Park Avenue Suite 2607, New York City NY 10152 U.S.A… We may charge you a service charge for the delivery of paper copies of certain Communications provided to you electronically pursuant to this authorization. See the attached "Schedule of Fees and Charges” for details about this service charge. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

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

Rev. 8/2015

Metropolitan Commercial Bank Privacy Policy Notice:

FACTS

WHAT DOES Metropolitan Commercial Bank DO WITH YOUR PERSONAL INFORMATION?

Why?

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

What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Identification Information
  • Account Balances
  • Transaction History
  • Account Transactions
  • Checking Account Information
  • Wire Transfer Instructions

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

How?

All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Metropolitan Commercial Bank chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information

Does Metropolitan Commercial Bank share?

Can you limit this sharing?

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

Yes

No

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

Yes

No

For joint marketing with other financial companies

Yes

No

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

No

We don't share

For our affiliates' everyday business purposes information about your creditworthiness

No

We don't share

For non-affiliates to market to you

No

We don't share

Questions?

Call 1-866-363-8226 or visit www.metropolitanbankny.com

What We Do

How does Metropolitan Commercial Bank protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate.

How does Metropolitan Commercial Bank collect my personal information?

We collect your personal information, for example, when you

  • Open an account
  • Apply for financing
  • Show your driver’s license
  • Provide account information
  • Give us your contact information

We also collect your personal information from others, such as credit bureaus, affiliates or other companies

Why can't I limit all sharing?

Federal law gives you the right to limit only:

  • sharing for affiliates' everyday business purposes - information about your credit worthiness
  • affiliates from using your information to market to you
  • sharing for non-affiliates to market to you

State laws and individual companies may give you additional rights to limit sharing.

Definitions

Affiliates

Companies related by common ownership or control. They can be financial and non-financial companies. Metropolitan Commercial Bank does not share with our Affiliates so they can market to you.

Non-affiliates

Companies not related by common ownership or control. They can be financial and non-financial companies. Metropolitan Commercial Bank does not share with non-affiliates so they can market to you.

Joint Marketing

A formal agreement between non-affiliated financial companies that together market financial products or services to you. Our joint marketing partners include credit card account companies.

Other Important Information

For Alaska, Illinois, Maryland and North Dakota Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing - without your authorization.

For California Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing - without your authorization. We will also limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us.

For Massachusetts, Mississippi and New Jersey Customers. We will not share personal information from deposit or share relationships with nonaffiliates either for them to market to you or for joint marketing – without your authorization.

For Texas Customers. If you have a complaint, first contact the customer service division of Metropolitan Commercial Bank at 1-866-363-8226. If you still have an unresolved complaint regarding the company’s money transmission activity, please direct your complaint to Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov.

For Vermont Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing without your authorization, and we will not share personal information with affiliates about your creditworthiness without your authorization.

Rev. 8/2015

Schedule of Fees and Charges: