Effective as of November 1, 2006

Maintaining the privacy of your information is of the highest importance to Pay By Touch. Consistent with our professional and personal values, Pay By Touch has adopted the following privacy policy. This policy describes how we collect, use and share personally identifiable information ("PII") we obtain from and about individuals, both online and off-line.

NOTIFICATION OF CHANGES
Pay By Touch may revise this policy from time to time. If we make material changes to this policy that change the way we collect or use your PII, we will notify you by email or by means of a notice displayed on the Pay By Touch homepage at www.paybytouch.com.

COLLECTION OF YOUR INFORMATION
Pay By Touch collects your personally identifiable information ("PII") in order to safely and securely deliver our services to you. This information may include: name, address, telephone number, email address, digital photograph, government-issued photo ID, payment card and checking account information, social security number (for check-writing or check-cashing purposes), loyalty account information, biometric information and information about your transactions and use of various products and services.

When we collect PII from you, it is because you are voluntarily submitting the information to us when you: (1) complete the voluntary enrollment process either online or at a participating retailer; (2) enter membership, frequent shopper, reward or other loyalty account information in your Pay By Touch wallet; (3) process a transaction via the Pay By Touch service; or (4) participate in a contest or survey.

As part of your voluntary enrollment in the Pay By Touch service, you will be asked to provide a record of your biometric information such as your fingerprint. Pay By Touch captures your biometric information when you enroll, and we reserve the right to capture your biometric information during transactions, from time to time, for the purpose of keeping your data up-to-date, so we can maintain the security and integrity of our biometric authentication system.

When you sign up for Pay By Touch services at a participating retailer, you are providing PII to that retailer as well as to Pay By Touch.

COOKIES
A cookie is a small text file that is stored on your computer for record-keeping purposes. We use cookies to help you navigate the Pay By Touch website and to understand how you use the site.

You can remove and/or reject cookies by following the directions provided in your Internet browser's "help" file. However, if you reject Pay By Touch's cookies completely, you may be required to reenter your password more frequently during a session and you may be unable to access certain features on the Pay By Touch site.

This privacy statement covers the use of cookies by Pay By Touch only.

LOG FILES
As is true of most websites, we gather certain information automatically and store it in log files for purposes of fraud detection. This information includes Internet Protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp and clickstream data. We do not use this information to identify an individual user. We may link the automatically-collected data to PII for security and trouble-shooting purposes.

USES OF THE INFORMATION YOU PROVIDE TO US
Pay By Touch will use the personally identifiable information ("PII") you provide in a manner that is consistent with this policy. Pay By Touch may use PII in an aggregate, anonymous form for research purposes and to facilitate improvement of our products and services.

Pay By Touch may use your PII to safely and securely process your transactions, to facilitate your use of programs and services provided on your behalf by Pay By Touch, to respond to your inquiries and to provide you with information about programs or services that we believe will be of interest to you. We may use your PII to contact you if any issues arise that could impact our ability to provide you Pay By Touch's services, including during enrollment or during the processing of a transaction.

Pay By Touch will not rent, sell, license, or lend your PII to third parties for advertising or marketing purposes without your consent. We may share your PII with third parties in order to process your transactions, but they are prohibited from using it for any other purpose. For example, we will provide your loyalty account information only to the individual retailer or organization that is the creator of the loyalty program in which you have enrolled, as part of normal program administration.

Your biometric information will be used primarily for providing Pay By Touch services. In some cases, Pay By Touch may provide biometric information to vendor partners who have entered into confidentiality agreements with Pay By Touch. These companies use such information to develop, test, modify and improve the performance of their hardware and software products related to Pay By Touch services. In such cases, no PII other than the biometric information is provided to such vendor partners. Furthermore, this information will not be sold to third parties.

There may also be instances when Pay By Touch may contact you or share your PII with third parties without providing you a choice in order to protect the safety and security of Pay By Touch members, to protect against fraud or to comply with the law.

NOTICE
When you voluntarily provide personally identifiable information ("PII") to Pay By Touch, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses Pay By Touch will make of the information.

YOUR CHOICES
You can choose whether or not you want to receive product and marketing materials from Pay By Touch or from third parties when you enroll online at www.paybytouch.com. If you enroll at one of our participating retailers, you may decide whether to receive such materials by updating your profile at our website, or by emailing us at customerservice@paybytouch.com. You can change your product and marketing preferences at any time by updating your profile online or calling us at 1-866-PAY-BY-TOUCH (0800 032 6048 in the United Kingdom).

Pay By Touch reserves the right to contact you for purposes of ensuring the security and proper operation of your account.

SECURITY OF YOUR INFORMATION
Pay By Touch understands the importance of protecting the information that you have entrusted to us. To protect your information, we employ industry-leading information security standards and safeguards, physical controls and security procedures. We enforce strict security policies to ensure that only properly authenticated and authorized individuals have access to your data, and we limit this access to that information which is required in order to fulfill your requests or provide Pay By Touch with a specific service.

PROTECTION FROM FRAUD
Pay By Touch protects you against loss from fraud arising from using the Pay By Touch service. Pay By Touch will reimburse you for any loss you may sustain as a result of fraudulent transactions on the Pay By Touch service not covered by your bank, credit card company or similar organization. To take advantage of this fraud protection, you must follow the steps in Pay By Touch's Fraud Protection Policy at www.paybytouch.com/fraud_protection.html.

ACCESSING AND UPDATING YOUR PII
You can log into "My Wallet" on the Pay By Touch website at any time to manage the profile and payment options in your Pay By Touch wallet. During normal business hours, you may update or correct your information at the location where you enrolled in Pay By Touch services or at any other authorized Pay By Touch retail location. You are responsible for managing your own financial and relationship account information with the relevant account issuing bodies (e.g., banks, merchants, clubs, card associations, etc.) and keeping your account information current in your Pay By Touch wallet. Pay By Touch will not modify your account information without your permission, except in the case of correcting an obvious error (such as your zip code).

Please be aware that enrollment and account administration should take place only at authorized Pay By Touch retail locations. Call 1-866-PAY-BY-TOUCH (0800 032 6048 in the United Kingdom) for a list of official locations.

If you need additional assistance, you can send us an email at customerservice@paybytouch.com, or call us toll-free at 1-866-PAY-BY-TOUCH (0800 032 6048 in United Kingdom). Customer Service representatives are available 24 hours a day, seven days a week and will respond to your inquiry no later than 3 business days from the receipt of your request.

WHOM TO CONTACT WITH PRIVACY CONCERNS
If you have questions or concerns regarding this statement, please email us at customerservice@paybytouch.com, or call us at 1-866-PAY-BY-TOUCH (0800 032 6048 in the United Kingdom).

If you have questions or concerns regarding our privacy policy, you should first contact Customer Support by email: customerservice@paybytouch.com, or call us at 1-866-PAY-BY-TOUCH (0800 032 6048 in the United Kingdom). You may also mail a letter to:

Pay By Touch
Attn: Customer Support
101 Second Street, Suite 1100
San Francisco, CA 94105

EU SAFE HARBOR COMPLIANT
Pay By Touch complies with the EU Safe Harbor framework as set forth by the United States Department of Commerce regarding the collection, use and retention of data from the European Union.