User Agreement

BitRail Privacy Policy

Effective July 15th, 2022

General

This BitRail Privacy Policy (this “Privacy Policy”) describes the practices of BitRail, LLC (“BitRail” or “we/us”) concerning the collection, use, and sharing of your personally identifiable information on the thewww.bitrail.io website (together with any other websites on which this Privacy Policy is posted, the “Site”).  Capitalized terms used in this Privacy Policy not otherwise defined in this Privacy Policy shall have the meanings given in the BitRail User Agreement (the “User Agreement”), into which this Privacy Policy is incorporated. As used in this Privacy Policy, the following terms have the following meanings:

 

“Affiliates” are companies related by common ownership or control, including financial or non-financial companies. Non-Affiliates are companies not related by common ownership or control.

 

“Aggregated Data” means aggregated data derived from User Information and transaction information from the Site, which data cannot reasonably be used to identify any User or other individual.

                                       

Applicable Law” shall have the meaning given in the User Agreement, but for residents of the State of California, it shall include the CCPA.

 

Bank Account” has the meaning given in the User Agreement.

 

BitRail” is defined in the introduction to this Privacy Policy.

 

BitRail Account Terms” has the meaning given in the User Agreement.

 

BitRail Account Status” means the status of your BitRail Account concerning a particular Transfer or transaction, such as whether it is subject to a Hold or other delay under the User Agreement or BitRail Account Terms.

 

CCPA” means the California Consumer Privacy Act of 2018 and related regulations, as may be amended.

 

Coins” has the meaning given in the User Agreement.

 

Financial Information” is defined in Section I(1)(c) below.

 

Host Site” has the meaning given in the User Agreement.

 

Identity Verification Information” is defined in Section I(1)(a) below.

 

Mobile Application” means an application with some or all the site’s functionality for users’ mobile devices.

 

“Mobile Phone Subscriber Information”  may include, without limitation, a User’s name, date of birth, postal address, billing zip code, telephone numbers, electronic mail addresses, credit card numbers, Customer Proprietary Network Information (CPNI), location information, handset and mobile device identifiers (International Mobile Subscriber Identity (IMSI) and International Mobile Equipment Identity (IMEI)), and other status details, if available, such as account information and credit information.

 

Personal Information” means information that may be used to identify a specific individual or that is about an identifiable individual, including but not limited to name, email address, phone number, or credit card number. 

 

Purchase Data” means the name of the Payor/Payee, amount of and date of a Transfer using our Services, and any associated order number from the Host Site, if any.

 

Registration Information” is defined in Section I(1)(a) below.

 

Service(s)” means the services by BitRail available to Users on the Site and Mobile Applications.

 

Site” is defined in the introduction to this Privacy Policy.

 

“Support System” means the support system for Users of the Site available at  http://www.bitrail.io/Support/.

 

Transaction Information” is defined in Section I(1)(b) below.

 

Transfer” has the meaning given in the User Agreement.

 

“User” means a visitor to our Site, including but not limited to registered Users.

 

User Agreement” is defined in the introduction to this Privacy Policy.

 

User Information” means Registration Information, Transaction Information, and Financial Information of such User.

 

Yodlee Interface” means the optional interface between BitRail, and the User’s Bank Account facilitated by BitRail’s service provider Envestnet | Yodlee.

Yodlee Terms of Use” means the terms applicable to the Yodlee Interface located at Yodlee Terms of Use[KAV1] , which are now incorporated into this Privacy Policy.

I. Information We Collect on the Site and How We Use It

You can visit our Site and learn about the Services we provide without providing Personal Information. However, you need to provide Personal Information to use our Services. Certain items of non-personally identifiable information, such as IP address, are collected automatically from every Site visitor, even if not voluntarily provided, as discussed further below.

We collect and use Personal Information in the specific ways listed below to improve our Site and Services to you and meet our obligations under Applicable Law. We also use the Personal Information you provide for other purposes consistent with the reason you provide such information.

1.              User Information.  Below we describe the various components of your User Information and specific uses for each type of User Information.  In addition to the services described below, BitRail uses your User Information in the following ways:

 

·       To provide the Services and customer support, you request.

·       To process transactions on the Site and Mobile Applications.

·       To compare information for accuracy and share it with third parties to prevent fraud, prohibited, or illegal activities.

·       Send you transaction-related notifications about transactions you carry out on the Site and Mobile Applications.

·       To enforce the User Agreement and perform our billing, administration, and collections functions (and to contact you, when necessary, about these functions).

·       To credit reporting bureaus, report information about your account, including late payments, missed payments, or other delinquencies or defaults on your bills.

·       To better understand your interests and other marketing-related initiatives, including customizing, personalizing, measuring, and improving our Services and the content and layout of our Site and Mobile Applications.

·       To communicate with you and carry out actions requested by you (such as subscriptions to newsletters), including promotional messages and updates to our Services (some of which may be related to your transactions on the Site).

·       To resolve disputes, collect fees, and troubleshoot problems.

·       To share information with law enforcement, other governmental agencies, or authorized third parties when required by Applicable Law under a criminal investigation.

·       To share information with third parties as part of investigations of fraud or alleged illegal activity or any other activity that may expose you, another user of the Site, or us to legal.

·       For additional required or permissible purposes under Applicable Law.

 

a. Registration Information and Identity Verification Information. The Site’s registration process requires users to provide us with accurate contact. Personal Information, including name, street address, birth date, email address, a username of your choosing, and a password (collectively, “Registration Information”). In addition, if you do not choose a Username, a Username will be assigned to you.

Currently, whether you wish to use the Site as an individual or in connection with a business you represent, we verify your eligibility for an account in your capacity.

We verify your account registration information either: (i) by obtaining confirmation of identity verification (including all information described below as Identity Verification Information) from a Host Site where you have agreed to use the Services via that Host Site; or (ii) through a third-party liability identity verification service provider. This is done to prevent fraud. All information described in this Section is called “Identity Verification Information.”

Pre-Fill Identity Verification Option.  Our third-party identity verification provider uses your Mobile Phone Subscriber Data, as defined above, from your mobile carrier (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless carrier) to verify your identity and provide BitRail your mailing address, your Social Security Number (SSN) and a “Trust Score.” The “Trust Score” measures the degree of confidence that the mobile device can be trusted as a real, valid, and trustworthy device for the purposes of verification.

Identity verification using your Mobile Phone Subscriber Information includes a Pre-Fill Form Option for us to expedite verifying your identity using information confirmed by our third-party identification verification provider. It requires you to provide us with your express opt-in consent by clicking on the “OK” button on the consent page.

You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to BitRail or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how to see how we treat your data.

Manual Identity Verification Option: If you do not agree to the “Pre-Fill Form Option” above or your identity cannot be verified using that option, BitRail can manually verify your identity.  This requires you to submit written evidence of your name and address, including documents as may be requested by Bit Rail, such as a copy of your driver’s license, utility bill, or similar documentation as may be requested by BitRail at its discretion.  

If you register your account using a BitRail Mobile Application, verifying your identity by a third-party provider is automatic. You may not opt out of this identity verification service.

BitRail verifies your email address by sending you an email with a link for you to click on to confirm that it is your correct email address. You will not be permitted to use BitRail until your email address has been verified to BitRail’s satisfaction.

b. Transaction Information. We collect certain information submitted or generated during transactions on the Site and Mobile Applications based on your activities, including (i) the dates and amounts of Transfers and exchanges of currencies and Coins transacted; (ii) the Purchase Data; (iii) BitRail Account information of other parties to the Transfer and any Host Site identifier for the Transfer, such as a Host Site identifier for an item purchased or sold; and (iv) your BitRail Account Status (collectively, “Transaction Information”). We may also collect the personal information you provide through chats, correspondence, or dispute resolution, which is also considered Transaction Information.

c. Financial Information. If you use our Service, you must provide us with financial information about the U.S.-based bank account you want to use for your BitRail Account, including your bank account number, type of bank account, bank routing number, and billing address (“Financial Information”). Only the last four digits of your bank account number are visible to BitRail employees when performing support and rendering the BitRail Services. This Financial Information is used to facilitate transactions you carry out on the Site and to collect on fees and debts incurred through your use of the Site. We share Financial Information with Affiliates and Non-Affiliate third parties to facilitate the completion of transactions on the Site and Mobile Applications, to respond to subpoenas, for other legal compliance purposes, and billing and collections.

d. Yodlee Interface Information.  As described in the Agreement, you may optionally use the Yodlee Interface to facilitate speeding up funding of your BitRail Account.  The Yodlee Terms of Use made part of this Privacy Policy describe this process and our privacy and security practices concerning Personal Information, including your bank account number, that we access or receive through the Yodlee Interface.

2.  Information RequestsWe may ask you to provide Personal Information to allow us to respond to your requests for information or other proposals made over the Site or Mobile Applications.

3. Communications from BitRail. Most messages, notifications, and communications generated by the Site result directly from the User’s actions (such as account Registration Information, confirmation of a transaction, or the User’s choice to subscribe to certain communications) or as necessary to inform you of changes to the Site or Services, or changes to the User Agreement including the BitRail Account Terms. Other messages may result from marketing initiatives on the Site; however, Users may opt out of receiving marketing messages; see the section below entitled “Communications from the Site and Your Choices.”

Communications from our Site may contain web beacons or “clear.gif” images. These are small, usually transparent graphic images that can be used for recording when a message has been opened to track marketing campaigns’ performance. Our third-party service providers and we currently log responses using web beacons, but this information is not stored or linked to your User Information in our systems.

4. Other Information We Collect. We automatically collect your IP address when you visit our Site or use our Services. We use your IP address to restrict your use of our Service in some geographic areas, such as outside the United States. We also use your IP address to help diagnose problems with our server and to administer our Site and Services. Your IP address is used to gather broad demographic information and to track usage patterns on the Site. We also may collect geo-location information, device identification number, statistics about page views, and standard web log information. We do not automatically correlate this information with User Information about individual Users. However, if you disclose your location while using our Support System, it may be added to your User Information.  Note, however, that our third-party website analytics service providers may correlate this information with you – see below under “WebSite Analytics” for your choices in this regard.

5. Cookies. First-party cookies refer to cookies that are set by our Site. We are the only ones with access to this information. Third-party cookies or requests allow other third parties access to the data collected. These cookies are usually used for analytics and advertising.

What are cookies, and why do we use them?

A cookie is a small text file containing alphanumeric characters downloaded and stored on your computer or another device when you visit websites and uniquely identifies your browser. You do not need to provide us with any Personal Information if you simply want to browse through our Site. Like many other websites, we may record information in first-party cookies that your web browser routinely shares, such as your browser type, browser language, software and hardware attributes, the date and time of your visit, the website from which you came, the geographical location of the IP address and the pages on this Site that you visit. This will generally be data we collect to compile Aggregated Data. We do not usually associate this data with the Personal Information that you provide to us. Still, we may do so to investigate apparent fraud or a threat to the Site, our business, or our Users.

We use third-party cookies to collect information about how Users use our Site.

Personal data collected and types of cookies and technologies used.

a.     Functional Cookies.  Functional cookies make a website usable by enabling essential functions like page navigation and access to secure website areas.  The website cannot function properly without these cookies. We use Google Tag Manager on our Site to manage tags on our Site.  It is not a cookie, but it is essential to the Site’s functioning and cannot be opted out of.  We use other cookies to identify trusted web traffic and preserve your session across page requests.

b.     Analytics Cookies. Analytics cookies help website owners to understand how visitors interact with their website by collecting and reporting information anonymously.  We use Google Analytics for this purpose. 

c.     Advertising Cookies. Advertising cookies are used to track visitors across websites, including third parties sites, to display relevant and engaging ads for the individual user, making them more valuable for website publishers and advertisers.  We use advertising cookies only to measure the effectiveness of the advertising of our Sit on other websites.  We do not allow advertising cookies on our Site that facilitate showing you ads on other websites.

Web Beacons

We may also use web beacons or similar technology to help us track the effectiveness of our communications. A web beacon (also known as an action tag, a clear gif, or a pixel tag) is a 1×1 pixel image embedded in a website page used to collect information transparently. For example, we may use a web beacon to count the number of visits to our site’s pages.  If you have signed up to receive any of our e-mail newsletters, we use similar technology to count how many recipients have opened the message and clicked on one of its links.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. (“Google“), to help us gather statistical information about our site’s visitors and how they use it. We also use Google Analytics to provide additional information about the Users to our Sites, such as their interests, hobbies, and preferences, based upon information gathered by Google through cookies and browser information. However, all information we gather via Google Analytics will be collected on an anonymous, aggregated basis and will not associate this data with your Personal Information. We use this information to gain a better understanding of the visitors to our Site and to improve our Site and product offerings.

Additional Information

To learn more about cookies or other technologies to deliver more relevant advertising and to know your choices about not having this information used by certain service providers, please visit http://www.aboutads.info/choices

Your Choices Regarding Cookies

Information captured through cookies is stored for a specific retention period. However, you can eliminate these cookies any time before the expiration date. You can opt out of many third-party cookies at http://www.aboutads.info/choices.

Browser Opt-Out

You also can manage your cookie settings from your browser. For example, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you disable cookies, however, it may interfere with the functionality of our Site, and you may not be able to use all of the Site’s features.

Details on how you can control and delete these cookies through your browser settings can be found on your browser’s specific settings or options page:

You can also use cookie management and disposal tools at your prerogative, such as downloading and installing specific browser plug-ins.

You can opt out of Google Analytics by downloading and installing the browser plug-in from the link: http://tools.google.com/dlpage/gaoptout.

To opt-out of seeing personalized ads via the Google platform, please visit https://support.google.com/ads/answer/2662922?hl=en. For more information regarding how Google uses cookies in advertising and how you can control advertising cookies, please visit ttp://www.google.com/policies/technologies/ads/. To personalize the ads you see via the Google platform, visit http://www.google.com/settings/ads. For more information on how Google uses data when visiting its partners’ websites or apps, visit the link: http://www.google.com/policies/privacy/partners/.

Mobile App Opt-Out to limit interest-based advertising

To determine interest-based advertising on your mobile device, you can review and adjust the settings provided by your device manufacturer, such as “Limit Ad Tracking” for iOS or “Opt-out of interest-based ads” for Android.

For further information about cookies, including seeing what cookies have been set on your device and how to manage and delete them, please visit www.allaboutcookies.org and https://www.networkadvertising.org/choices.

5. Mobile Devices. In addition to the information described above, our third-party service providers and we may collect additional information when you utilize any of our mobile applications, including the temporary or persistent unique device identifiers (sometimes called UDID), the IP address of your mobile device, and information about the way you use our mobile applications.

II. How We Share Your Information

Below we describe how we share your Personal Information with our Affiliates and third parties.

1. Sharing with Your Bank. At your direction, when you authorize an account connection between BitRail and a Bank Account you lawfully control or own and which you registered on the Site, Bit Rail and your bank will exchange Financial Information necessary to complete your transactions on the Site. Financial Information exchanged between Bit Rail and the bank at which your Bank Account is held may include account number, account balance, and account and transactional information such as purchases and funds Transfers. Before authorizing an account connection between BitRail and your bank, you should review your bank’s privacy notice.

2. Sharing with Affiliates. BitRail shares your User Information with our Affiliates acting as Host Sites only to carry out transactions requested by you on such Host Sites. In such cases, we may share Transaction Information, including BitRail Account Status Data, with Affiliates concerning transactions you request on such Host Site. We do not share your User Information with Affiliates for their marketing purposes.

3. Sharing with Non-Affiliated Third Parties. Other than as described in this Section II.4 or with your express consent, we will not share your Personal Information collected on the Site or Mobile Applications with non-Affiliate third parties without your permission, except as necessary or appropriate to (i) carry out the transaction, activity or request made by you on the Site or Mobile Applications, (ii) comply with any Applicable Law, including court orders or another judicial process, or (iii) enforce or apply agreements with you, or protect the rights, property or safety of us, our Affiliates or third parties, or as otherwise required or permitted by Applicable Law.

a. Host Sites. BitRail shares your User Information with third parties acting as Host Sites only to carry out transactions requested by you on such Host Sites. In such cases, we may share Transaction Information, including Purchase Data and BitRail Account Status Data, with third parties concerning transactions you request on such Host Site.

b. Transaction Counterparties. BitRail shares Purchase Data with other BitRail Users you engage in Transfers on the Site or Mobile Applications.

c. Corporate Transactions. In the event of a corporate transaction such as a sale, merger, or reorganization or in the unlikely event of a bankruptcy or similar restructuring involving all or a portion of BitRail, LLC or its parent and Affiliate(s) (including but not limited to a spinoff of an Affiliate, and subsequent acquisition of that Affiliate by a new third party), or a sale or transfer of assets, we reserve the right to disclose or transfer your Personal Information to the non-affiliated third-party acquiring company(ies) and other third parties. In the event of such a sale or transfer, we will use reasonable efforts to direct the transferee(s) to use the Personal Information you have provided through this Site in a manner that is consistent with this Privacy Policy. We may collect and share aggregate information (such as sales, traffic patterns, or related information) with third parties.

d.  Sharing for Marketing Purposes. We do not share your Personal Information with any third parties for such third parties’ marketing purposes.

e.  Joint Marketing Partners.  “Joint Marketing Partners” refers to non-Affiliate companies that have a formal agreement with us to jointly market financial or other products or Services to you. We do not have any Joint Marketing Partners.

f.  Note Regarding Third Parties to Whom You Disclose Your Information. This Privacy Policy only addresses the information we collect from you, but not about how third parties (or our Affiliates acting as Host Sites) to whom you disclose your information may use and disclose it. If you disclose your Personal Information to third parties, other rules may apply to how they use and disclose information. We do not need police or influence the privacy practices of such third parties. When providing your Personal Information to such third parties, their privacy policies govern their use and disclosure of your Personal Information. Before disclosing your Personal Information to a third party, you should familiarize yourself with their privacy policy. Users who transact with each other may have access to each other’s names, User ID information, email address, and additional contact information. Using our Site, you agree to use other Users’ data only for BitRail transaction-related purposes or other purposes for which another User explicitly chooses.

4.  Sharing with our Service Providers. We hire contractors to provide certain parts of the Services on our behalf, including in the case of the Yodlee Interface, providing viewing access to your bank account of our BitRail Account.  Other contractors offer services such as trend and statistical analysis, marketing campaigns, information processing and storage, and new products and services development. As part of their services to us, these contractors may access some or all the data we maintain, including transaction data and your Personal Information. Still, they are always required to maintain the confidentiality of information they receive from us and are restricted from using the information for any purposes other than those authorized by us.

5. Aggregated Data. Our contractors and we may collect, share, and sell Aggregated Data, such as statistical information regarding our Users and their transactions on the Site, with third parties. 

III. Communications from the Site and Your Choices

1. Email and Text Messages from Us. The Site sends two types of communications: (1) email and text message notifications related to transactions on the Site, and (2) promotional email and text messages, which may include newsletters or other subscription-based communications, follow-on messages concerning your activity on the Site, or other marketing from us about our products and services, or those of our Affiliates or trusted partners. Please see the descriptions below concerning your choices for each.

a.  Transactional Messages. Notifications related to activity on the Site are generated due to registering as a User of the Site and conducting transactions. These notifications can include transaction notifications, billing messages, and other notifications related to activity on the Site. You cannot receive email notifications about transaction activity on the Site. You cannot opt-out of receiving messages by email and text as part of our two-factor authentication process. Every time you log in using a mobile phone, you will be required to complete our two-factor authentication process, which includes email and text messages. You will not receive any other types of text message notifications from us.

We may also send you specific notices, such as notices of a substantial change in the policies and operation of the Site. These notices are sent infrequently and cannot be opted out of other than by closing your account with us.

b.  Promotional Email and Text Messages. BitRail may send various promotional email messages, but you are free to opt out of these at any time. Some promotional email messages relate to newsletters or other subscription-based items.  To opt out of those messages, follow the instructions provided in the promotional statement.

c. Mobile Communications. Your consent in the User Agreement to receive texts from us is entirely voluntary. You may opt out at any time. To opt out of text messages, text STOP to any text message you receive. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming you opt-out. Your sole responsibility is to notify us if you no longer want to receive text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or following these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt-out of text messages, we reserve the right to make non-automated calls to you. 

IV. Children’s Privacy

The Site is not intended for or directed to persons less than 18 years of age. The BitRail Mobile Applications are likewise not intended for or directed to persons less than 18 years of age. We do not knowingly solicit or collect personal information from or about persons under 18, and we do not knowingly market or sell products or Services to persons under 18. If you are under 18 years of age, do not use the Site or the BitRail Mobile Applications.

Similarly, the Site is not intended for or directed to persons under 13 years of age. By the Children’s Online Privacy Protection Act (COPPA), we do not knowingly solicit or collect Personal Information from or about children under the age of 13 without first providing direct notice to a parent or guardian and obtaining the verifiable consent of such parent or guardian.


V. For Persons Outside the United States

BitRail servers are located in the United States. Use of BitRail Services is only available to persons located in the United States. The Site’s information practices and the terms of this Privacy Policy may or may not comply with foreign law, so if you disagree with this, please do not use the Site or our Services.


VI. Security of Your Personal Information

As described above, we store and process your Personal Information using third-party servers in the United States. We use physical, electronic, and procedural safeguards to prevent the loss, misuse, and alteration of the information under our control in compliance with US federal and state laws and regulations. When you submit sensitive information via our Site, such as bank account information, that information is subject to secure sockets layer (SSL) encryption technology. We comply with payment card industry (PCI) standards regarding the storage of Financial Information, such as bank account information.

We strive to keep our systems secure. However, despite our efforts, no data transmission over the Internet can be guaranteed 100% secure. As a result, while we strive to protect your Personal Information during transmission, we cannot ensure or warrant the security of any information you transmit or receive from us. We urge you to take steps to keep your info safe (including your account password), log out of your account after use, and close your web browser. If you share your password or Personal Information with anyone, you are responsible for all actions taken in your account’s name. If you lose control of your password, you may lose considerable control over your Personal Information and may be subject to legally binding actions taken on your behalf. Because of this, if the security of your password has been compromised, you are responsible for immediately notifying us and changing your password.

If BitRail learns of a breach of our system security, we may attempt to notify you electronically so that you can take appropriate protective actions. Using our Services, you agree that BitRail may communicate with you electronically regarding your information security. BitRail may post a notice on the Site or Mobile Application if it learns a security breach has occurred. We may also email you at the email address you have provided us. Depending on where in the United States you live, you may also have a legal right to receive notice of a security breach from us in writing.

VII. Other Site-Related Items

1. Other Sites. The websites of third parties may link to our Sites. We are not responsible for and have no liability for those websites’ privacy policies or practices. We recommend that you review the privacy policies of each website you visit.

2. Submissions.  Suggestions, materials, or other intellectual property sent or transmitted to us via our Site are governed by the separate terms applicable to such materials identified at the time of submission (if any).  All such items shall be deemed non-confidential, and we shall have no obligation concerning such things. We shall be free to use and distribute them to others without limitation, including but not limited to developing and marketing products incorporating them.


VIII. Acceptance of Privacy Policy

Using our Services, you have signified your acceptance of this Privacy Policy. If you no longer agree with the terms of this Privacy Policy, please do not use our Service or submit any Personal Information to us through our Site.

IX. Contact Us

If you choose to visit the Site, your visit and any dispute over privacy are subject to this Privacy Policy and our User Agreement, including limitations on damages to the extent permitted by Applicable Law, resolution of dispute procedures, and application of the law of the State of Georgia.

You may review, update and modify your Registration Information by logging in and visiting Vault Settings on the Site. However, you will not be able to change your mailing address unless you interact with our Support System to verify a new address. We will close your account immediately at your request, by Applicable Law.

If you have any concerns about the privacy practices of the Site, please contact us at the following address with a detailed description, and we will try to resolve them:

Attn: Legal
BitRail, LLC
800 Battery Avenue SE, Suite 3090, Atlanta, Georgia 30339

Or

The Support System for Users of the Site is available at  http://www.bitrail.io/Support/.


X. Changes to Privacy Policy. GLBA Consumer Privacy Notice

Please see our GLBA Consumer Privacy Notice concerning disclosures under the Gramm Leach Bliley Act.

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