Privacy Policy

Cardholder Agreement

 
Electronic Funds Transfers Policy Your Rights and Responsibilities
 
Electronic Transfers
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. These provisions apply to accounts established primarily for personal, family, or household purposes. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
 
As used in this Policy, the words “we,” “our,” “us,” “FIS” mean “Fidelity National Card Services, Inc.” and the words “you,” and “your” mean everyone who is liable for purchases made using this Card.
 
About Your Breakout Card
Your Breakout Card (“Card”) is issued by Fidelity National Card Services, Inc. It is not issued by the financial institution (your “Bank”) that maintains the deposit account that you have linked to your Breakout Card (“Deposit Account”) to. The terms, benefits, and protections associated with your Breakout Card may vary from those that apply to a debit card issued by your Bank. For example, if you use your Breakout Card to make a purchase that exceeds the balance in the deposit account that you linked to the Breakout Card, that account may become overdrawn even if you chose not to allow overdrafts with respect to a debit card issued by your Bank, and you may incur associated overdraft fees. Similarly, the liability limits applicable to your Breakout Card may be different from those applicable to a debit card issued by your Bank.
 

Consumer Liability

Tell us AT ONCE if you believe your Card, Card number, and/or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Card. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if applicable) if you fail to notify us. If you tell us within four (4) business days after you learn of the loss or theft of your Card, Card number, and/or PIN, you can lose no more than $50 if someone used your Card, Card number, and/or PIN without your permission.
 
If you do NOT tell us within four (4) business days after you learn of the loss or theft of your Card, Card number, and/or PIN, and we can prove we could have stopped someone from using your Card, Card number, and/or PIN without your permission if you had told us, you could lose as much as $500.
 
Also, if your statement from your Bank shows transfers that you did not make, including those made by Card, code or other means, tell us at once. If you do not tell us within 90 days after the statement was mailed to you by your Bank, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us in time of these transfers. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods in our sole discretion.
 

Contact in event of unauthorized transfer

If you believe your Card, Card number, and/or PIN has been lost or stolen, call: 1-855-788-1797or write: Breakout Card, Mail Stop TA-14, PO Box 30033, Tampa, FL 33630
 
Business days
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
 

Types of Transfers and Transfer Limitations

Types of Transfers
You may only use your Card, Card number, and/or PIN to pay for goods and services at participating Merchant retail stores in the United States and at Merchant’s website (if available). A listing of participating Merchants can be found at www.MyBreakoutCard.com and is updated from time to time.  You must present your Card and enter your PIN if you wish to use your Card to pay for goods or services at Merchant retail stores. At Merchant’s website (if available), you must enter your Card number and your PIN if you wish to pay for goods or services with your Card. If you make an exchange of an item previously purchased using your Card for another item in accordance with a Merchant’s merchandise exchange policy, any difference in the price will be credited by an electronic funds transfer (“EFT”) to, or transferred by EFT from, your Deposit Account, as applicable. If you return an item previously purchased using your Card, the amount of the return will be credited by EFT to your Deposit Account or refunded in cash, at Merchant’s discretion and in accordance with Merchant’s refund policy.
 
Transfer Limitations
When you use your Card, you will be limited by the amount of funds in your Deposit Account as of the date your Bank receives and processes an EFT. For security and fraud prevention purposes, there are limits on the number of times you may use your Card and/or the total dollar amount of purchases that you may make with your Card. You agree that the dollar amount limitation on your Card may be less than the dollar amount of available funds in your Deposit Account and that such dollar amount and transaction limitations may change from time to time without any notice to you. You cannot use your Card at an automated teller machine (ATM) or at non-participating retail stores or anywhere outside of the United States. You cannot use your Card to make payment on any credit account. You cannot use your Card to authorize recurring preauthorized payments from your Deposit Account. You may be subject to additional limitations based on your agreement with your Bank.
 

Fees

If your Bank returns an EFT unpaid for any reason, you agree to pay a “Service Charge” as follows:
 
PR, VI $15 CO, CT, IN, NM, NY, UT $20
AZ,  CA,  DC,
IL,   KY,   ME,
MA,  MI,  MO,
NE,  NV,  NH,
NJ,  NC,  OK,
PA,    RI,    VT, WA, WV, WI
$25 AL,  AK,  AR,  HI,
IA, KS, MN, MT, SC, TN, TX, WY
$30
MD, OR $35 DE, MS, ND, SD $40
VA $50
FL $25 for payments less than or equal to $50, $30 if greater than $50 and less than or equal to $300, $40 if greater than $300, or 5% of the payment amount whichever is greater. ID  $20  or  face  value  of  the  payment, whichever is less.
LA  $25  or  5%  of  the  face  value  of  the payment, whichever is greater.
GA $30 or 5% of face value of the payment whichever is greater. OH $30 or 10% of the face value of the payment, whichever is greater.
 
You further authorize us to collect the Service Charge via an EFT from your Deposit Account. 
 

Confidentiality

We will disclose information to third parties about your account or the transfers you make:
  1. Where it is necessary for completing transfers, or
  2. In order to verify the existence and condition of your Deposit Account or Card for a third party, such as a consumer reporting agency or merchant, or
  3. In order to comply with government agency or court orders, or
  4. If you give us your written permission.
 
You agree to our collection, use, and sharing of information about your EFTs, as provided in the Privacy Policy included as part of this Agreement. You expressly authorize us, Fidelity National Card Services, Inc., and their affiliates, to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared or accessed by others and are not employer-related email addresses. In addition, you further agree that (1) you will provide us with any changes to your email addresses and (2) notices or changes to any disclosures may be provided to your email addresses.
 

Receipts

You can get a receipt at the time you make a purchase using your Breakout Card using a point-of sale terminal at a Merchant’s retail store. If you make a purchase at a Merchant’s website (if available), a receipt will be provided with your order, in accordance with the Merchant’s policies on receipts.
 

Our Liability

If we do not complete a transfer to or from your Deposit Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
  1. If, through no fault of ours, you do not have enough money in your account to make the transfer.
  2. If the transfer would go over the credit limit on your overdraft line.
  3. If the use of the account is for anything other than personal, family or household purposes.
  4. If the point of sale terminal was not working properly and you knew about the breakdown when you started the transfer.
  5. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  6. There may be other exceptions stated in our agreement with you.
 

Error Resolution Notice

 
In case of Errors or Questions About Your Electronic Transfers, telephone us at 1-855-788-1797 or write us at Breakout Card, Mail Stop TA-14, PO Box 30033, Tampa, FL 33630 as soon as you can if you think your Bank statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 90 days after the FIRST statement on which the problem or error appeared.
 
  1. Tell us your name and Card number (if any).
  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
 
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, for point of sale transactions we may take up to 90 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. This is called a provisional credit.  If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Deposit Account.
 
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation and debit your account for the amount we provisionally credited to you during our investigation. You may ask for copies of the documents that we used in our investigation.
 

ALL  QUESTIONS  ABOUT  TRANSACTIONS  MADE  WITH  YOUR  BREAKOUT  CARD  MUST  BE DIRECTED TO US (FIDELITY NATIONAL CARD SERVICES, INC.), AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for these electronic fund transfer services and for resolving any errors in transactions made with your Breakout Card.

 
We will not send you a periodic statement listing transactions that you make using your Breakout Card. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR BREAKOUT CARD, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call us at 1-855-788-1797 or write us Breakout Card, Mail Stop TA-14, PO Box 30033, Tampa, FL 33630
 
LOYALTY POINTS RULES
 
1.         As provided in these Program Rules (“Rules”), account holders (“You” or “Your”) earn (VARIABLE A) on qualifying purchases.  A qualifying purchase (“Qualifying Transaction”) shall mean:  (i) a transaction that is made using the Breakout Card at a participating Merchant and (ii) a transaction that appears on Your statement during the Program period. Points are deducted for returns.
 
2.          Point requirements assigned to any cash back or merchant funded Award are subject to change from time to time without notice.
 
3.         Your Breakout Card Points earnings statement will normally include the number of Points earned, subject to adjustment as provided for in these Rules. In the event You redeem unearned Points, Your Account may be charged for the actual cash difference between the net value of the actual Points available and the cash back Award.
 
4.         Your Account must be open and in good standing (i.e., not cancelled, terminated by either party or otherwise not available for Your use as a payment method) at the time You redeem points for cash back. FIS reserves the right to suspend Your participation in the Program until the Account is in good standing.
 
5.         Despite the Program’s best efforts to ensure accuracy, printing and Web site errors may occasionally occur. The Program Administrator reserves the right to correct such errors at any time.
 
6.         The Program may be modified, suspended or cancelled, and the redemption value of already accumulated Points may be changed, at any time without notice and without restriction or penalty.  Changes to the Program may include, but are not limited to, modifications that affect Point accrual and/or expiration of Points based on the Point term, age and expiration date of the selected options(s). Redemption requests must be received on or before the Program end and/or Point expiration date. Contact FIS for details on any current promotions affecting Point accrual or redemption options. Points may be forfeited due to Rules violations. This Program is void where prohibited or restricted by law. You are responsible for any applicable federal, state or local taxes.
 
7.         You agree to hold FIS and its affiliates, any Association and any vendors or other providers associated with the Program harmless if a participating Merchant fails to meet its contractual or other obligations, resulting in Program interruption or termination prior to Your redemption of Points for Merchant Funded Rewards or receiving Your Merchant Funded Reward.
 
8.         The Rules are subject to change at any time without notice. The most current version of these Rules is available on the Program Web site. Some Merchants may choose to add additional local rules and opportunities as related to Merchant Funded Rewards.
 
9.         FIS shall resolve all questions of what constitutes a Qualifying Transaction. All such resolutions or determinations by the FIS are final. The use of Your Breakout Card following receipt of these Rules will indicate Your agreement to these Rules.
 

FACTS

WHAT DOES FIDELITY NATIONAL CARD SERVICES, INC. DO WITH YOUR PERSONAL INFORMATION?
Why?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
  • Social Security number
  • Transaction history
  • Checking account information
  • Account transactions
  • Purchase history
  • Risk Tolerance
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 Fidelity Information Services, LLC chooses to share; and whether you can limit this sharing.
 
Reasons we can share your personal information Does Fidelity Information Services, LLC 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
 
No
 
No
For joint marketing with other financial companies No No
For our affiliates’ everyday business purposes—
information about your transactions and experiences
 
Yes
 
No
For our affiliates’ everyday business purposes—
information about your creditworthiness
 
No
 
We don’t share
For our affiliates to market to you No We don’t share
For nonaffiliates to market to you Yes Yes
 
To limit our sharing
  • Call 1-855-788-1797 —our menu will prompt you through your choice(s)
Please note:
If you are a new customer, we can begin sharing your information [30] days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice.
However, you can contact us at any time to limit our sharing.
Questions?
Call 1-855-788-1797
Who we are
Who is providing this notice?
Fidelity National Card Services, Inc.
 
What we do
How does Fidelity National Card Services, Inc. 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.
How does Fidelity National Card Services, Inc. collect my personal information?
We collect your personal information, for example, when you
  • Open an account
  • Use your debit card
  • Give us your contact information
  • Provide account information
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 creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
What happens when I limit sharing for an account I hold jointly with someone else? Your choices will apply to everyone on your account.
 
Definitions
Affiliates
Companies related by common ownership or control. They can be financial and nonfinancial companies.
Our affiliates include financial companies such as Fidelity National Information Services, Inc., Fidelity Information Services, LLC,  NYCE Payments Network, LLC, ClearCommerce Corp., Certegy Check Services, Inc., and ChexSystems, Inc.
Nonaffiliates
Companies not related by common ownership or control. They can be financial and nonfinancial companies.
  • Nonaffiliates we share with can include retailers that participate in the Breakout debit card.
Joint marketing
A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
  • Fidelity National Card Services, Inc. doesn’t jointly market