Privacy Policy

Privacy Policy Changes

This Privacy Policy is subject to change. We encourage you to review this Privacy Policy frequently for any revisions or amendments. Changes to this Privacy Policy will be posted on this Site and will be effective immediately upon posting. You will be deemed to have been made aware of and have accepted the changes by your continued use of our Site or Services. If we determine that a change to this Privacy Policy will result in using your Personal Information acquired before the change in a materially new way, we will provide you notice before using your Personal Information in the new way.

Conflict Between This Policy and Local Laws and Regulations

When federal, state, and local laws and regulations require a higher level of protection for your Personal Information, they take precedence over this Privacy Policy. In addition, the specific requirements of this Privacy Policy apply only when local laws and regulations permit.

Information We Collect as a Business

Personal Information

We collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including:

• Identifiers such as name, birthday, customer ID number, email address, phone number, and mailing address;
• Commercial information such as purchase history, enrollment source, and payment information (e.g., bank name, account number, credit/debit card expiration date);
• Internet & other electronic network activity information such as browsing, and search history and data collected by cookies;
• Professional or Employment-Related Information such as employer, job title, and reference information; and
• Personal Information categories listed Cal. Civ. Code § 1798.80(e) to the extent collected under another category of Personal Information listed herein.

If we engage with you as a contractor, we may also obtain your Social Security Number which is considered a type of “Sensitive Personal Information” under some state privacy laws. We will only use your Social Security Number for tax, accounting, legal, and other similar business purposes directly related to our business relationship with you.

The types of Personal Information we collect about you may vary based on how you use the Site and/or Services and your relationship with us.

Usage Data and Site Activity

We automatically collect information in connection with the actions you take on the Site (“Usage Data”). For example, each time you use the Site, we automatically collect the type of web browser you use, the type of device you use, your operating system, your Internet Service Provider, the pages you view, referring and exit pages, the date and time of your visit, and the number of clicks to, from, and within the Site, and the duration of your visits to the Site. If this information is capable of being associated with you, directly or indirectly, we treat it as Personal Information. If this information is not capable of being individually associated with you, we treat it as Usage Data.

Communication Recordings

We may record calls and retain the content of text messages or other written/electronic communications between you and us. By communicating with us, you consent to our recording and retention of communications.

How We Collect Information

Voluntary Disclosure. We may ask you to provide us with Personal Information when you communicate with us (online or offline), make a purchase from us, and at other times. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Site or Services or we may not be able to fulfill your requested transaction.

Third-Party Data Sources. We may collect Personal Information from third-party data sources such as data brokerages, marketing/advertising agencies, analytics firms, telecommunications providers, Clients, and government agencies.

Cookies & Other Automated Tools. We use cookies (a small text file placed on your computer to identify your computer and browser) and other automated tools such as tracking pixels to improve the experience of the Site and Services, such as saving your preferences from visit to visit to present you with a customized version of the Website. Many web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Instructions for how to manage cookies in your browser can be found online. However, certain features of the Site and Services may not work if you delete or disable cookies.

We use the following types of cookies:

• Session Cookies: Session cookies keep track of you or your information as you move from page to page within the Site and are typically deleted once you close your browser. For example, session cookies allow your online credit application to function properly.
• Persistent Cookies: Persistent cookies reside on your system and allow us to customize your experience if you leave and later return to the Site. For example, persistent cookies may allow us to remember your preferences.
• Analytics Cookies: Analytics cookies help us understand how our Site is working and who is visiting our Site. Google Analytics is one tool we use, and you can learn more by reviewing Google’s Privacy Policy.

If you arrive at the Site by “clicking through” from another website, then certain information about you that you provided to that other website, such as the terms you were searching on that led you to the Site, may be transmitted to us and we may use it. You should review the Privacy Policy of any website from which you reached the Site to determine what information was collected by that website and for what purpose(s) you agreed that website could use that information. We may retain information about you provided to us by other websites and will only use it in accordance with this Privacy Policy. Such information may be associated with other Usage Data or Personal Information.

Information from Advertisements. If you arrive at the Site via an advertisement (e.g., banner ad), we may collect information regarding the advertisement with which you interacted and your interactions (e.g., item clicked, date and time).

Surveys. From time to time we may request Personal Information from consumers via surveys. Participation in these surveys is completely voluntary and you have a choice whether or not to disclose Personal Information. The requested information typically includes personal identifiers and contact information.

Sweepstakes and Contests. We may offer opportunities for consumers to participate in sweepstakes or contests. Participation in these sweepstakes or contests is completely voluntary but participation usually requires providing certain Personal Information. The requested Personal Information typically includes unique identifiers and contact information.

Social Media Widgets. The Site may include social media features, such as the Facebook and Twitter widgets. These features may collect information about your IP address and the pages you visit on our Site as well as other Personal Information if you interact with them. Your interactions with social media features are governed by the privacy policies of the companies that provide them.

How We Use and Share Information as a Business

Generally. We use Personal Information for internal purposes, such as to:

• Provide you with the Site and Services;
• Service consumer accounts;
• Market products and services to you;
• Perform marketing and other types of research and analytics;
• Develop new or modified products and services;
• Operate information security and anti-fraud programs;
• Retrieve information from and report information to consumer reporting agencies;
• Collect on accounts;
• Complete legal filings and processes;
• Perform day-to-day business operations such as accounting and general management;
• If you are a contractor to us, manage our relationship with you; and
• Respond to governmental and other legal requests.

We do not use or disclose Sensitive Personal Information for any purposes beyond those allowed in 11 Cal. Code of Regs. § 7027(m).

Testimonials. If you provide a testimonial, we may post it publicly on the Site or in other advertising material. By providing a testimonial, you give us permission to use it in any manner and for any purpose, including in marketing and advertising communications.

Service Providers. We may disclose your Personal Information to other businesses who provide services to us or on our behalf (“Service Providers”). Categories of Service Providers we use include:

• Fulfillment and account servicing vendors, which help us provide products, services and information to you, service your account or benefits, and perform payment processing services;
• Marketing and communications vendors, which help us market our products/services to you, conduct promotions, surveys and other outreach campaigns;
• Research and development vendors, which help us develop and improve our products and services;
• Data and business analytics vendors, which help us collect, analyze and improve the accuracy of our data (including Personal Information);
• IT and network administration vendors, which provide services such as data storage and management, website hosting, and data security;
• Professional service firms, which provide accounting, legal, human resources, and other professional services; and
• General service providers, which help us with day-to-day business operations such as office support services, courier services, facilities management, and document destruction.

We require each Service Provider to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

In the past twelve months, we may have disclosed each category of Personal Information that we collect (listed above) to our Service Providers.

Third-Party Sharing & Selling. We do not sell or share your Personal Information to other companies who do not provide services to us (“Third Parties”). Whenever we use the term “share” in this Privacy Policy, we mean sharing for cross-context behavioral advertising purposes.

Third-Party Disclosures. In the past twelve months, we have not disclosed any category of Personal Information we collect (listed above) to Third Parties.

Membership Program Benefit Providers. If you enroll in one of our membership programs, you direct us to disclose your Personal Information to such program’s benefit providers to the extent reasonably necessary to facilitate your transaction and provide the program benefits to you.

Personal Information We Collect as a Service Provider for Our Clients

When acting on behalf of our Clients as a service provider, we may collect, use, and disclose Personal Information for the purpose of servicing those Clients. The specific categories of Personal Information collected and how that Personal Information is used or disclosed is determined by our Clients and will vary.

The Personal Information collected, used, and disclosed on our Clients’ behalf is governed by their privacy policies. When acting on behalf of a Client, we supply that Client with all information requested by them or consistent with their contract. This information is usually what is required to facilitate a specific transaction or operate a loyalty program but can vary depending on the Client. If you request information about the Personal Information we collect, use, and disclose on our Clients’ behalf, we will direct you to contact the Client(s).

Security

We recognize the importance of safeguarding the confidentiality of Personal Information from loss, misuse, or alteration. Accordingly, we employ commercially reasonable administrative, technical, and physical safeguards to protect Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Site or Services, you do so at your own risk.

Other Websites

Please be aware that third-party websites accessible through the Site or recommended through our Services may have their own privacy and data collection policies and practices. We are not responsible for any actions, content of websites, or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing information.

Compliance With Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate to respond to legal requests (including court orders, investigative demands and subpoenas), to protect the safety, property, or rights of ourselves, consumers, or any other third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with law.

Other Transfers

We may disclose Personal Information and Usage Data with businesses controlling, controlled by, or under common control with us. If we are merged, acquired or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction or in connection with the evaluation of a potential transaction.

How Long We Retain Your Data

We retain your Personal Information for as long as we have a relationship with you. We also retain your Personal Information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it. This includes retention to comply with our legal, regulatory, tax, and/or accounting obligations. Generally, we retain Personal Information tied to financial transactions for approximately seven (7) years after our relationship with you has ended and we retain Personal Information that is not tied to financial transactions for approximately two (2) years after our relationship with you has ended, but the term for which we retain your Personal Information may be longer or shorter. We do so in accordance with our data retention policies and applicable law.

Children’s Privacy

The Site and Services are not intended for children under the age of 16 and we do not knowingly collect, sell, or share the Personal Information from children under the age of 16. If we become aware that we have inadvertently received Personal Information from a child under the age of 16, we will delete such information from our records.

Additional California Consumer Rights

If you are a resident of California, you have additional rights to access and control your Personal Information. Because we act as a Service Provider to our Clients and may collect Personal Information in our capacity as a Service Provider to them, if your request relates to Personal Information that we collect or process on our Client(s)’ behalf, you must submit your request to exercise your rights to the relevant Client(s). In that case, if you submit a request to us, we will provide you with information about how to submit a request to the relevant Client(s).

Right to Know. You have the right to request twice per 12-month period that we disclose to you certain information about our collection, use, disclosure, and sale of your personal information over the past 12 months, including: (i) the categories or, if requested, specific pieces of Personal Information we collected about you; (ii) the categories of sources from which we collect your Personal Information; (iii) the business or commercial purpose(s) for which we collected your Personal Information; and (iv) the categories of Third Parties with whom we sold, shared, or disclosed your Personal Information and including the categories of Personal Information sold, shared, or disclosed to each and the purposes for doing so. We are not permitted to provide access to specific pieces of Personal Information if the Personal Information is sensitive or creates a high risk of potential harm from disclosure to an unauthorized person such as financial information, social security numbers, and driver’s license numbers. We will not provide specific pieces of personal information unless you expressly request them.

Right to Deletion. You have the right to request that we delete any Personal Information we have collected about you. Please understand that we are not required to honor a deletion request if a legal exemption applies such as if we need the information to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned with your expectations, or comply with legal obligations.

Right to Correct. You have the right to request that we correct inaccurate Personal Information we maintain about you. After you request to correct inaccurate Personal Information, we will provide instructions for you to provide us with optional documentation to support your request and we will consider it. We may decline to correct your Personal Information if we determine based on the totality of the circumstances that your Personal Information is more likely than not accurate. We may decide to delete your allegedly inaccurate Personal Information instead of correcting it.

Submitting a Request. If you are a California resident and would like to exercise your rights, you may submit a request by emailing us at Privacy@MemberSrvc.com, by calling us toll-free at 855-323-4891, or by completing our online request form. If you submit your request via email, please include at least your name, mailing address, email address, and a description of your request. We will confirm receipt of your request within 10 business days.

After you submit your request, we may contact you to obtain additional information necessary to verify your identity. For example, we may require you to verify certain information in our files or submit a signed declaration under penalty of perjury verifying your identity. We will not process your request without verifying your identity, so please respond promptly. If you do not timely respond to our requests for information, we may deny your request.

We will process verified Right to Know, Deletion, and Correction requests within 45 days of receipt, subject to any applicable exemptions and extensions permitted by law up to 90 days. If you have an online account with us, we will provide the response to your request via the online account, otherwise, we will give you the option to choose between mail and electronic delivery.

Authorized Agent. If you are an authorized agent submitting a request on behalf of a California resident, you must provide a copy of a lawful power of attorney or a written signed authorization from the consumer along with proof of your identity. You may provide this documentation via email to Privacy@MemberSrvc.com after submitting the request. We may contact you and/or the consumer on whose behalf you claim to act to verify your authorization.

Non-Discrimination Notice. We will not discriminate against any consumer for exercising their privacy rights under law or this Privacy Policy.

California “Do Not Track” Disclosure. Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. At this time, our Site and Services do not respond to “do not track” signals.

Contact Us

If you have any questions about our Site, Services, or this Privacy Policy, please email us at CustomerService@MyPerksPortal.com or send us a letter to the following address: