March 10, 2023
Percents, Inc. (“Percents”, “we”, “us”, and “our”) is committed to protecting your privacy. This Privacy Policy ("Policy", "Privacy Policy", and "Privacy Notice") describes our practices regarding the Personal Data (as defined below) we collect from users of our website, located at www.percents.com (“Site”) and services (“Services”) we provide through our partners.
User Consent.
By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.
Privacy and Children’s Use.
Our Site and Services are not for use by any individuals under the age of 18. We do not intentionally gather Personal Data from visitors who are under the age of 18. If a minor under the age of 18 submits Personal Data to us, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 18, please contact us at support@percents.com.
Types of Data We Collect.
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, e-mail address or payment card, as well as any other non-public information about you that is associated with or linked to any foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
A. Information You Provide to Us.
· We may collect Personal Data from you, such as your first and last name, e-mail address, and zip code when your card issuer creates an (“Account”) on your behalf.
· If you use our Services on your mobile device,your card issuer may share your unique device id number.
· If you tell us where you are (e.g., by allowingyour mobile device to send us your location), we may store and use thatinformation to provide you with location-based information and advertising. Ifyou want to deactivate this feature, you can turn off location services on yourmobile device.
· We retain information on your behalf, such as files and messages that you store using your Account.· If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
· When you participate in one of our surveys, we may collect additional profile information.
· We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Services.
· We may also collect Personal Data at other points in our Site that state that Personal Data is being collected.
B. Payment Card Transaction Data.
Notwithstanding anything to the contrary in the Terms of Use or this Privacy Notice, Percents and its third party service providers will use and disclose your payment card transaction data as follows:
· To confirm a qualifying purchase or return to match transactions to confirm whether you qualify for an offer;
· To share transaction data with participating merchants as needed for the merchant to confirm a specific transaction occurred or rewards should be awarded; for example, the date and amount of your purchase and the last 4 digits of your card number so the merchant can verify your purchase with its records if thereis a missing or disputed transaction;
· To provide participating merchants or third party service providers aggregated and anonymized information relating specifically to registered card activity;
· To create a record of the transaction data and maintain and use data in connection with operating the Services;
· To calculate your rewards;
· To redeem your rewards;
· To enable card-linked offer(s);
· To provide you with target offers that may be of interest to you;
· For internal research and Services development; and
· To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant. You authorize the sharing, exchange and use of transaction data described above and herein by and among Percents and Percents’ third party service providers, applicable payment card networks and applicable merchants. By agreeing to our Terms of Use and this Privacy Policy, you agree to our collection and use of your payment card transaction data.
C. Information Collected via Technology.
· Information Collected by Our Servers. To make our Site andServices more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
· LogFiles. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site or theServices again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
· Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistentCookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This typeof information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs. We also placeCookies on our retail partners’ websites so that we can keep track of your rewards with the applicable retail partners, and in some cases monetize said cookies.
· FlashLSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not removeFlash Cookies. To learn how to manage privacy and storage settings forFlash Cookies, click here.
· Google Analytics. We use Google Analytics to help analyze how users use theSite. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your PersonalData. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.
D. Location Information. If you have enabled location services on your phone, we collect, store, and use information about your location to recommend offers based on where you are currently shopping. This information is not shared with third parties except in aggregated, anonymized formats. If you do not want us to collect this information, you can disable location services on your phone.
Use of Your Personal Data.
A. General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data to:
· facilitate the creation of and secure your Account on our network;
· identify you as a user in our system;
· provide improved administration of our Site and Services;
· provide the Services you request;
· improve the quality of experience when you interact with our Site and Services;
· send you administrative e-mail notifications, such as security or support and maintenance advisories.
B. User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first name and last initial, and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with your Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
C. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information(such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose AnonymousData to third parties in our sole discretion.
Disclosure of Your Personal Data. We may disclose your Personal Data as described below and as described elsewhere in this Privacy Notice:
A. Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer; to conduct quality assurance testing; facilitate creation of accounts; and/or provide technical support. These third party service providers are required not to use your Personal Data other than to provide the services requested by Percents.
B. Affiliates. We may share some or all of your Personal Data with our subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.
C. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
D. Payment Card Networks. We may share your Personal Data with payment card networks in order to calculate points, redeem rewards, and otherwise facilitate participation in the Percents program.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL,FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IFTHE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OFALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING SUPPORT@PERCENTS.COM. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.
Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Percents may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Percents; (c) to protect or defend the rights or property of Percents or users of the Site orServices; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.
Third Party Websites. Our Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
Your Choices Regarding Information. You have several choices regarding the use of information on our Service:
A. Unlinking Your Card. To opt out of the Services and unlink your card, please reach out to your card issuer.
B. Cookies. If you decide at any time that you no longer wish to accept Cookies from ourService for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.
C. Modifying or Deleting Your Personal Data. If you change any of your Personal Data with your card issuer, that information will be communicated to Percents in order to update your Account. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes. Although it is not always possible to remove or modify information in the databases, we will make reasonable efforts to do so, unless we deem it reasonably advisable or necessary (in our sole and absolute discretion) to retain any information or data in connection with your use of the Site or any Software or Services.
Security of Your Personal Data. Percents is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protectyour Personal Data, we cannot guarantee its absolute security.
Changes to This Privacy Policy. ThisPrivacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. If you do not wish to permit changes in our use of your Personal Data, or if you do not agree to our revisedPrivacy Policy, you can opt out of the Services and deactivate your account with us. In the event this occurs, it is solely your responsibility to reach out to your card issuer to unlink your card. Continued use of our Site orServices, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Contact InformationIf you have any questions or comments about this Privacy Notice, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, you may contact us via email at support@percents.com or via US Postal Mail at Percents, 300 Lenora Street #1719, Seattle, WA 98121.