What information SpotOn collects from you;
How SpotOn and Clients use and may disclose information obtained through any of the SpotOn Access Portals or the Services;
What choices you have about how SpotOn and Clients treat your information;
How SpotOn and Clients protect your privacy;
What SpotOn and Clients do about children visiting the SpotOn Application; and
How comments you may make are handled; and
How you can contact SpotOn and Clients.
INFORMATION SPOTON AND CLIENTS COLLECT FROM YOU
Active Information Collection
From Clients and Prospective Clients. SpotOn actively collects information from Clients and prospective Clients who visit our Website or who become a Client by accepting the Merchant Terms, both (i) by permitting them to communicate directly with SpotOn through the Website, via email, or otherwise and (ii) when they sign up (on the Website or otherwise) to become a SpotOn Client. Some of the information that a Client submits that is required for such Client to register to become a Client could identify the Client and its officers, such as business name and address, credit card or bank information (for billing purposes), type of business, telephone number, email address, zip code and names of responsible officers or employees. We refer to such information as “Identifiable Business Information.” In addition, Client may be asked to answer additional questions that are optional (“Optional Information”).
From Consumers and Other End Users. SpotOn actively collects information from our visitors both by asking specific questions, by allowing you to upload information through other tools (such as Facebook Connect), and by permitting you to communicate directly with us through the Website, via email or otherwise. If you sign up to use the Services, via any SpotOn Access Portal, or if a Client signs you up for its Customer Connections Program, some of the information that you submit (directly or via an upload), or that is submitted for you by a Client, is required to register you to use the Services. Some of such information could identify you personally, such as your first and/or last name, telephone number, email address, zip code and birthdate. Such information is called “Personally Identifiable Information.” In addition, you may answer additional questions on the registration form that are optional, or a Client may submit such information for you (“Optional Information”). Such optional questions may include demographic information and/or additional Personally Identifiable Information, such as your name (if not previously provided), gender, financial information or other information.
You will be informed which information on the registration form is optional. If you do not submit the required registration information or a Client does not submit it for you, you will not be able to use the Services. If you do not answer optional questions, you still can use the Services, but you will not be able to earn rewards that may be awarded to people who answer the optional questions and we may not be able to tailor the Services as closely to your interests.
SpotOn and Client may offer you, directly or through Facebook, Twitter, other social media sites, or other third parties, the opportunity to participate in activities related to the Services, such as responding to surveys, entering a contest or sweepstakes, playing games or providing information to our customer service representatives. If you choose to participate in such activities (when offered) SpotOn or Clients may collect additional Personally Identifiable Information or other information from you.
When you visit the Website, the SpotOn App, use the Services, or participate in activities that are part of the Services, SpotOn and Clients may collect information related to such activities. SpotOn does not intentionally collect Personally Identifiable Information about you other than (i) such information that you provide us as described above, either directly through a SpotOn Access Portal or through permissions you authorize with social media sites which are used in conjunction with the Services (e.g., Facebook, Twitter and other sites), or (ii) information submitted to SpotOn for you by one or more Clients. SpotOn may, however, keep track of your responses to Offers, visits to and purchases from Clients and associate that information with your registration information, including your Personally Identifiable Information (see “Program Information Collection,” below).
Passive Information Collection
As you navigate through the Website or the SpotOn App or use the Services, SpotOn may collect certain information passively (that is, information may be gathered without you actively providing the information) using various technologies and means, such as navigational data collection and geolocation data. Like most website operators, SpotOn, its advertisers and third party service providers may track IP addresses, use both session and persistent cookies, and assign Internet tags. SpotOn also automatically gathers information about the areas you visit on the Website and the SpotOn App and collects operational information about the technology you use, such as your browser, type of computer or mobile device, operating systems, Internet service provider and the domain names of the websites from which you linked to the Website or the SpotOn App and to which you go after viewing such sites. If you activate geolocation applications, SpotOn may have access to and store your geolocation information related to the Services.
In addition, when you visit the Website or the SpotOn App, SpotOn may store some information on your computer or mobile device. This information will be in the form of a cookie or similar file and will help us in many ways. For example, cookies allow us to tailor the Website, the SpotOn App and the Services or other offerings to you in a way that better matches your interests and preferences. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. SpotOn and its Clients do not collect Personally Identifiable Information automatically, but we may tie information collected automatically to your previously submitted Personally Identifiable Information.
The Website and the SpotOn App may contain electronic images known as web beacons—also referred to as single-pixel gifs—that permit SpotOn and/or its Clients to count users who have visited the Website or the SpotOn App and for other related statistics—(e.g., recording the popularity of certain Website or SpotOn App content and verifying system and server integrity). Web beacons are not used by SpotOn or Clients to access your Personally Identifiable Information; they are used solely to compile aggregated statistics concerning the use of the Website and the SpotOn App. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.
The reason SpotOn collects passive information is that it helps us understand which areas of the Website and the SpotOn App are most popular, which areas may require improvement and what technologies are being used by our visitors. This information helps SpotOn to update and improve the Website and the SpotOn App and our Services. SpotOn also uses this information for security purposes, to detect and to block security breaches and to provide you with a safer online environment.
Program Information Collection
After you register with SpotOn (through a SpotOn Access Portal) or are registered by a Client, you may receive Offers from one or more Clients; may have such Offers sent to you automatically via email, mobile communications (e.g., SMS text messaging, mobile notifications), Facebook, Twitter or other social media; may be able to post those Offers on your own Facebook page to share with your friends; and/or may be able to use other tools offered by SpotOn. SpotOn may automatically keep track of all of those choices and associate them with the registration information you provided or that was provided for you by a Client, including your Personally Identifiable Information, plus any Optional Information you (or a Client on your behalf) may have provided. SpotOn may also keep track of, and associate with your Personally Identifiable Information and Optional Information, activities you engage in offline that relate to the Services, such as which Offers you respond to (for example, by purchasing the goods or services that are the subject of the Offer) and loyalty rewards you earn from offline purchases. All of the information described in this paragraph is called “Client Participation Data.” SpotOn may use Client Participation Data for a number of purposes, including keeping track of rewards points (if offered by the Client), categorizing you with respect to your response to Offers and rewards programs of each Client, and marketing goods or services of Clients, SpotOn or third parties to you, as described in Section 2. SpotOn will offer you the option not to receive such marketing messages.
If SpotOn permits certain Clients with which (or by which) you are registered to do so, such Clients may also keep track of Client Participation Data and use it as described above, including marketing goods or services of Clients, SpotOn or third parties to you, as described in Section 2. Any Client given permission to use Client Participation Data will agree to offer you an option not to receive such marketing messages.
In addition to the foregoing, SpotOn will have access to information regarding your registration with and participation in the Offers and loyalty programs offered by all Clients for which, or by which, you are registered (“Program Participation Data”). Program Participation Data may be used by SpotOn to keep track of loyalty points that you have accrued with each Client SpotOn works with, which may allow you to check all of those programs you are enrolled in on one page of the Website. SpotOn may also use Program Participation Data for purposes such as categorizing you with respect to various merchants or types of merchants, Offers and loyalty programs and for sending you marketing messages for goods or services of SpotOn or other merchants or service providers. Program Participation Data may enable SpotOn to market third party goods and services to you, as described in Section 2. SpotOn will offer you the option not to receive such marketing messages. To do so, you should go to the Website and elect not to receive marketing messages.
Third Party Information Collection
Currently, the SpotOn Technology is hosted on the Website and the SpotOn App, and also on Facebook’s platform. In the future, the SpotOn Technology could be hosted on other social media or other locations. Depending on the choices you make when you register, Offers may be sent to you through Facebook, Twitter or other social media, and additional social media applications may in the future be included with our services (e.g., geolocation information). Information related to you, your use of the SpotOn Technology and the goods and services provided by SpotOn and Clients may be available to Facebook, Twitter and other third parties such as the operators of various social media or other sites.
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HOW SPOTON AND CLIENTS USE AND MAY DISCLOSE INFORMATION OBTAINED THROUGH THE SERVICES
Internal Use of Personally Identifiable Information.
You provide Personally Identifiable Information when you register for the Services through any SpotOn Access Portal (for example, on the registration page or through an upload you authorize), and a Client may send SpotOn such information for you. SpotOn may combine any such information with Client Participation Data and/or Program Participation Data, as described in Section 1 under the heading “Program Information Collection.”
SpotOn may provide Personally Identifiable Information and Optional Information you have provided to SpotOn (directly or through an upload), or that has been submitted to SpotOn by a Client on your behalf, to certain Clients with which (or by which) you are registered, and that have been permitted such information access by SpotOn. When and if permitted by SpotOn, such Clients may use that information to send you messages, independently of the Services, about their goods and services and about the goods and services of other merchants. If you do not wish to receive such messages you may opt out of receiving them by choosing the opt-out option provided in such messages. All Clients granted such permission by SpotOn will agree not to provide your Personally Identifiable Information or Optional Information to third parties except as described in the next section.
Limited Disclosure of Personally Identifiable Information to Third Parties.
SpotOn will not disclose Identifiable Business Information or Personally Identifiable Information provided by end users or Clients or that SpotOn collects in conjunction with the Services, to third parties (i.e., to parties other than Clients with which (or by which) an end user is registered) without consent, except as described below. Clients have also agreed to limit disclosure of end users’ Personally Identifiable Information to the following:
(C) if required by law or in response to any judicial order, inquiry of any administrative agency; in response to a subpoena or an inquiry from law enforcement or governmental authorities; or
(D) if SpotOn or a Client believes the release of such information is necessary to protect the rights of SpotOn or the Client (including enforcing the Merchant Terms or User Terms) or to address or prevent illegal or harmful activity.
Neither any Client nor SpotOn will have any liability for disclosure of your information resulting from actions by Facebook or other social media companies or platforms, or from errors in transmission or the unauthorized intervention of third parties.
Information that Does Not Identify Your Business or You Personally.
SpotOn may provide aggregate statistics or information about its customers, sales, trends, loyalty program usage, online traffic patterns, related information or other statistical de-identified or aggregated information to third parties, but these statistics or information will not include any Identifiable Business Information or Personally Identifiable Information (“Non-Identifying Information”). Non-Identifying Information collected about end users, Clients and prospective Clients is also used by SpotOn and/or third parties we contract with to troubleshoot, operate and improve the Website, the SpotOn App and other SpotOn Technology, to assist us with marketing or ad placement, to cooperate with law enforcement activities or legal orders, to protect our rights (including enforcing the Merchant Terms and User Terms) or to address or prevent illegal or harmful activity. In addition, SpotOn may use all information submitted by end users, Clients or prospective Clients or that SpotOn collects about any of the foregoing that is Non-Identifying Information in any way SpotOn deems useful, including publishing statistics such as those described above to promote SpotOn or its Services.
SpotOn may use information that end users provide or that SpotOn collects about end users from their use of the Services or related to the SpotOn Technology, including their response to Offers from Clients, their participation in the rewards programs of Clients (if any) and/or other information, to send end users marketing messages related to goods or services SpotOn believes will be of interest to them. Such goods or services may be offered by SpotOn, Clients, or other third parties. (See description in Section 1, under “Program Information Collection.”). Such marketing messages may be sent via email, mobile communications, Facebook, Twitter, other social media or otherwise, depending on how the end user has elected to receive Notes from various Clients. End users can opt out of receiving such marketing messages through the “Settings” tab in the SpotOn App and by choosing the opt-out option provided in email messages.
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CHOICES END USERS HAVE ABOUT HOW SPOTON AND CLIENTS USE THEIR INFORMATION
SpotOn strives to provide Clients, and SpotOn and Clients strive to provide end users, with choices regarding the information Clients and end users provide. SpotOn has created mechanisms to provide Clients and end users with the following control over their information:
(i) You may view and modify the Identifiable Business Information or Personally Identifiable Information and/or Optional Information you submitted through the a SpotOn Access Portal, or that was submitted to SpotOn on your behalf by a Client, as follows: If you are a Client, you may modify the information you submitted when you signed up to become a Client as described in the Merchant Terms. If you are a consumer or other end user, you may modify the information you submitted when you registered, or when a Client registered you, by going to the Website. If an end user wants to stop receiving all messages through the Services, the end user will need to delete the SpotOn App from his or her mobile device, visit each social media company through which the user chose to have the Services provided (e.g., Facebook, Twitter, etc.) and delete SpotOn from each such social media company, and choose the opt-out option provided in messages sent via email. To stop receiving Notes from a particular Client (or from SpotOn itself), end users should opt out of such messages through the “Settings” tab in the SpotOn App and choose the opt-out option provided in emailed messages sent by such Client (or, in the case of SpotOn, by SpotOn). SpotOn keeps track of end users’ transactions with Clients, as well as communications about Clients that end users makes through the SpotOn Technology (e.g., posting Offers to a Facebook page, sending Offers to friends). End users cannot delete information associated with such transactions and communications.
(ii) Marketing messages from SpotOn and, when and if permitted, Clients or third parties, will contain an option for the end user to choose not to receive such messages in the future.
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HOW YOUR INFORMATION IS PROTECTED
SpotOn works hard to protect the personal information of end users, using both technical and procedural methods to maintain the integrity and security of our databases. These include the use of SSL encryption, firewalls, administrative access level controls and employee training. End users should keep in mind, however, that no Internet transmission or data storage is ever completely secure or error-free. While SpotOn believes it uses commercially reasonable security procedures, it cannot guarantee the security of any information submitted by end users, Clients or prospective Clients, information gathered about end users or information stored by SpotOn.
The safety and security of information of Clients and end users also depends on the user. Clients and end users should never share their SpotOn passwords, or any other password (including their Facebook passwords), with anyone else, and should notify SpotOn, Facebook or other relevant provider promptly if you believe your password security has been breached. Remember to log off of the Website and/or App before you leave your computer or mobile device.
The Website, SpotOn App or other sites through which end users may use the Services may contain links to other sites and/or resources over which SpotOn and Clients have no control. SpotOn and Clients make no representations or warranties with respect to the content, ownership, or legality of any such linked sites. Links to third party sites are provided solely as a convenience to end users and should not be construed as an affiliation with or endorsement by SpotOn or Clients of such third parties or any content, items, or services on third-party sites. Access and use of such other sites, including the content, items, or services on those sites, solely at the risk of the user, and neither SpotOn nor any Client has any responsibility or liability resulting from users’ access or use of such other sites. These linked sites may collect personal information from users when entering their site. Any such collecting of information is not subject to the control of SpotOn or any Client. To ensure protection of privacy, users should always review the privacy policies of the sites they visit when linking from the Website, the SpotOn App or any other site associated with the Services.
End users acknowledge and agree that neither SpotOn nor any Client has any responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.
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WHAT SPOTON AND CLIENTS DO ABOUT CHILDREN VISITING THE SPOTON APPLICATION
The Website, the SpotOn App and the Services are not intended for children under the age of 13 and are not designed to attract anyone under the age of 13. Clients who use SpotOn’s Services may sell goods or services for children that are intended to be purchased by adults. SpotOn will not knowingly collect Personally Identifiable Information from site visitors under the age of 13, and Clients have agreed that they will not knowingly collect such information. SpotOn and Clients encourage parents to talk to their children, including children between the ages of 12 and 18, about their use of the Internet and the information they disclose online. If a child of any age has provided SpotOn with Personally Identifiable Information, and a parent or guardian of that child would like this information deleted from SpotOn’s records, such parent or guardian may contact SpotOn by going to the Website and clicking on the appropriate tab. SpotOn will then use reasonable efforts to delete the child"s information from our databases.
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HOW PUBLIC COMMENTS ARE HANDLED
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SpotOn Transact, LLC
300 California St, Fourth Floor
San Francisco, CA 94104
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