ShopLoyal Terms of Service
- About the Site
The Site is a platform through which third party merchants (“Merchants”) sell specifically discounted products and/or services and/of value add offers (“Purchasable Offers”); and to distribute coupons which are free for consumers to “clip” and use toward future purchases (“Coupons”) (collectively, “Merchant Offerings”). Merchants are the sellers and issuers of the Offerings. The Merchant is solely responsible to you for the care and quality of the goods and services it provides and for fulfilling all purchased Merchant Offerings and honoring all posted coupons.
- Ownership of the Site
- Use of the Site
As a condition of your use of the Site, you agree that:
- You are at least 18 years of age;
- You are able to create a binding legal obligation;
- You are not barred from receiving products or services under applicable law;
- You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
- You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You will only make purchases on the Site for your own use and enjoyment or, as a gift for another person;
- You have the right to provide any and all information you submit to the Site, the information and all such information is accurate, true, current and complete;
- You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account);
- By entering your email address and registering with ShopLoyal you agree to receive correspondence from ShopLoyal by email, text, push notification, and other commonly used methods of digital communication. You may unsubscribe at any time.
- Access to the Site
ShopLoyal retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
- Your Account
You may only create and hold one account on the Site for your personal use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information, including, without limitation, payment data; and (b) opt-out of persistent login. You understand and agree that ShopLoyal shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. Your account will expire if your account is not maintained with current information, including a valid credit card.
- Your Conduct
Submitting any content to the Site that:
- Violates applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
- Contains personal information, except when we expressly ask you to provide such information;
- Contains viruses or malware;
- Offers unauthorized downloads of any copyrighted, confidential or private information;
- Has the effect of impersonating others;
- Contains messages by non-spokesperson employees of ShopLoyal purporting to speak on behalf of ShopLoyal or provides confidential information concerning ShopLoyal;
- Contains chain letters of any kind;
- Is purposely inaccurate, commits fraud or falsifies information in connection with your ShopLoyal account or to create multiple ShopLoyal accounts; or
- Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
- Attempting to do or actually doing any of the following:
- Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
- Scanning or testing the security or configuration of the Site or to breach security or authentication measures; or
- Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.
- Using any of the following:
- Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
- Any Site content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with ShopLoyal; or
- The Site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with ShopLoyal, including, without limitation, aggregating current or previously offered deals.
- Collecting any of the following:
- Content from the Site, including, but not limited to, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
- Personal Information (defined in our Privacy Statement), User Content (defined in Section 12 below) or content of any consumers or Merchants.
- Engaging in any of the following:
- Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by ShopLoyal;
- Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Reselling or repurposing your access to the Site or any purchases made through the Site;
- Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
- Aggregating any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
- Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission;
- Hyperlinking to the Site from any other website without our initial and ongoing consent; or
- Acting illegally or maliciously against the business interests or reputation of ShopLoyal, our Merchants or our services.
- Your Privacy
- Terms of Sale
- Copyright and Trademarks
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws of the United States. ShopLoyal owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of ShopLoyal or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. ShopLoyal does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
ShopLoyal owns trademarks, registered and unregistered, and “ShopLoyal,” the ShopLoyal logo and variations thereof found on the Site are trademarks owned by ShopLoyal or its related entities and all use of these marks inures to the benefit of ShopLoyal. “ShopLoyal” trademarks are registered in the United States of America.
Other marks on the site not owned by ShopLoyal may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of ShopLoyal unless otherwise stated, or may be the property of their respective owners. You may not use ShopLoyal’s name, logos, trademarks or brands without ShopLoyal’s express permission.
- User Content
The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a ShopLoyal account to submit User Content.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. ShopLoyal makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
- Public Nature of Your User Content.
You understand and agree that User Content is public. Any person (whether or not a user of ShopLoyal’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. ShopLoyal is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by ShopLoyal. Other users may post User Content that is inaccurate, misleading or deceptive. ShopLoyal does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of ShopLoyal. ShopLoyal does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including any objectionable User Content.
- License Grants.
Some User Content you submit to ShopLoyal may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant ShopLoyal a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the Personal Information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, ShopLoyal shall have no obligation to use your Personal Information in connection with any User Content.
As between you and ShopLoyal, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant ShopLoyal a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. ShopLoyal’s license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
As detailed in Section 3, contributing User Content or other information on or through the Site, is limited to individuals over 18 years old. The Site is designed and intended for adults. By contributing User Content or other content on or through the Communities, you affirm that you are over 18 years old. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least 18 years old. If you are under 18 years old, please notify us and we will take action.
- Unsolicited Ideas
We do not accept or consider, directly or through any ShopLoyal employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, materials, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them.
ShopLoyal has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and ShopLoyal will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
- Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
ShopLoyal reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. ShopLoyal may, under appropriate circumstances and at its discretion, terminate your or any third-party’s right to access to the Site, if ShopLoyal determines that you or a third-party is a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to ShopLoyal’s attention, you must provide ShopLoyal’s DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for ShopLoyal’s DMCA Agent for notice of claims of copyright infringement is: ShopLoyal, Inc. Attn: Legal Department, 380 N. Old Woodward Ave, Suite 209 Birmingham, MI 48009.
- Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF SHOPLOYAL, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, SHOPLOYAL HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
- Limitation of Liability
- Electronic Communications
When you use the Site or send emails to ShopLoyal, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
- Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked site or resource.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release ShopLoyal from any and all claims or liability related to any product or service of a Merchant, any action or inaction by a Merchant, including but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering and any conduct, speech or User Content, whether online or offline, of any other third-party.
- Force Majeure
- Entire Agreement
- Choice of Law
- Dispute Resolution
To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section 25(e) and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address: ShopLoyal, Inc., Attn: Legal Department, 380 N Old Woodward Ave, Suite 290, Birmingham, MI 48009. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. ShopLoyal will reimburse those fees for Disputes totaling less than $10,000 unless the arbitrator determines the Dispute is frivolous. Likewise, ShopLoyal will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Chicago, Illinois, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside.
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you agree that any such Dispute may only be instituted in a state or federal court in Cook County, Illinois; (ii) you and ShopLoyal irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and ShopLoyal agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (iv) you and ShopLoyal agree to waive any right to a trial by jury.
(e) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
(f) Severability. With the exception of Section 24(b) above, if any part of this Section 24 is ruled to be unenforceable, then the balance of this Section 25 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
- Additional Disclosures
You are contracting with ShopLoyal, Inc. Correspondence should be directed to: ShopLoyal, 34300 Woodward, Suite 200, Birmingham, MI 48009
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Last Updated: May, 2019
This Privacy Statement (“Privacy Statement”) explains how ShopLoyal® (“ShopLoyal,” “us,” “our,” and “we”) uses your information and applies to all who use our Website, mobile applications, electronic services, social networking sites, or any individual, business partner-specific, merchant-specific, city- specific, or other area-specific Web sites we offer that link to or reference this Privacy Statement (collectively, the “Site”) and when you receive electronic communications from us.
Please read this Privacy Statement carefully and review it periodically for the latest information about our privacy practices. By using the Site, you agree to the terms of this Privacy Statement. If you do not agree with the practices described in this Privacy Statement, please do not provide us with your personal information or interact with the Site.
We will routinely update this Privacy Statement to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality or features to the Site. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of notice on the Site prior to the change becoming effective. You can determine when this Privacy Statement was last revised by referring to the date it was “Last Updated” above. You can review the last version of this Privacy Statement here.
This Privacy Statement is organized as follows:
- Types of Information We Collect
- Your Choices
- How ShopLoyal® Uses Information
- When and Why ShopLoyal® Discloses Personal Information
- How ShopLoyal® Collects Information
- Security of Personal Information
- Accessing and Correcting Personal Information
- Social Networks
- Privacy Practices of Third Parties
- EU/EEA Safe Harbor; Notice to Residents of Countries outside the United States of America
- Children’s Privacy
- Contact Us; California Privacy Rights and Other Countries
- Glossary of Terms
- Types of Information We Collect
We will collect information, including Personal Information and Non-Identifying Information, when you interact with us and the Site, for example when you:
- access or use the Site;
- register, subscribe, or create an account with ShopLoyal®;
- open or respond to our emails;
- provide information to enroll or participate in programs provided on behalf of, or together with, Business Partners;
- visit any page online that displays our ads or content;
- purchase products or services on or through the Site;
- connect or link to any Site via social networking sites;
- post comments to Online Communities; and
- provide information to our Vendors.
This Privacy Statement does not apply to the collection of information in any way other than as listed above.
- Your Choices
We think that you benefit from a more personalized experience when we know more about you and what you like. However, you can limit the information you provide to ShopLoyal®, and you can limit the communications that ShopLoyal® sends to you.
You can manage your email and notice preferences by logging into your account via the ShopLoyal®
mobile application, by selecting your user image which will take you to the settings
page. You can also manage your subscriptions by following subscription management instructions contained in the commercial e-mails that we send you. You may choose to subscribe to some types of messages, and may choose to unsubscribe from others. You may update your subscription preferences at any time. Please note that even if you unsubscribe from promotional email messages, we may still need to contact you with important transactional information related to your account and your purchases. For example, even if you have unsubscribed from our promotional email messages, we will still send you confirmations when you make purchases on the Site.
You may manage how your browser handles Cookies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available.
You may manage how your mobile device and mobile browser share certain Device Data with ShopLoyal®, as well as how your mobile browser handles Cookies by adjusting the privacy and security settings on your mobile device. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
If you wish to opt out of receiving offers directly from our Business Partners, you can follow the opt-out instructions in the emails that they send you.
- How ShopLoyal® Uses Information
We (or our Vendors on our behalf), use information collected as described in this Privacy Statement to:
- Operate, maintain and improve the Site and our services;
- Provide you with personalized ads and offers for products and services from us and participating Business Partners;
- Facilitate and fulfill orders placed on the Site – for example, for ShopLoyal® vouchers and other goods and services, including tracking redemption;
- Evaluate your eligibility for certain types of offers, products or services that may be of interest to you, and analyze advertising effectiveness;
- Answer your questions and respond to your requests;
- Perform analytics and conduct customer research;
- Communicate and provide additional information that may be of interest to you about ShopLoyal® and our Business Partners, sometimes by combining your information with information from Other Sources;
- Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages, and requested information, including on behalf of Business Partners;
- Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our Business Partners;
- Manage our everyday business needs, such as administration of the Site, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms & Conditions, or to comply with the law;
- Allow you to apply for a job, post a video or sign up for special offers from merchants, Business Partners, or third parties through the Site, and to
- Enhance other information we have about you directly or from Other Sources to help us better understand you and determine your interests.
We also may use information collected as described in this Privacy Statement with your consent or as otherwise required or permitted by law.
- When and Why ShopLoyal® Discloses Information
We (or our Vendors on our behalf) may share your Personal Information as required or permitted by law:
- with any ShopLoyal® Affiliate who may only use the Personal Information for the purposes described in this Privacy Statement;
- with our Vendors to provide services for us and who are required to protect the Personal Information;
- to report or collect on debts owed to us or our Business Partners;
- with relevant Business Partners:
- with whom we jointly offer products and services;
- to facilitate a direct relationship with you, including in connection with any program we administer on behalf of the Business Partner;
- to enable electronic communications with you as part of purchase, a sponsored reward, offer, contest, program, or other activity in which you have elected to participate;
- to the extent you have purchased or redeemed a ShopLoyal® voucher, goods or services offered by a Business Partner or participated in an offer, rewards, contest or other activity or program sponsored or offered through ShopLoyal® on behalf of that Business Partner;
- with a purchaser of ShopLoyal® or any of the ShopLoyal® Affiliates (or their assets);
- to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions;
- to combat fraud or criminal activity, and to protect our rights or those of our Affiliates, users, and Business Partners, or as part of legal proceedings affecting ShopLoyal®;
- in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate; or
- with your consent.
We encourage Business Partners to adopt and post privacy policies. However, their use of Personal Information obtained through ShopLoyal® is governed by their privacy policies and is not subject to our control.
We may also disclose Non-Identifiable Information:
- for the same reasons we might share Personal Information;
- with Business Partners for their own analysis and research;
- to facilitate targeted content and ads; or
- with Third-Party Ad-Servers to place our ads and/or ads of our merchants or Business Partners on the Site and on third-party sites, and to analyze the effectiveness of those ads.
- How ShopLoyal® Collects Information
You provide us with your Personal Information when you register, subscribe, create an account, purchase or redeem ShopLoyal® vouchers, discounts and coupons, or otherwise when you provide us with your Personal Information during your interaction with the Site. We also collect Personal Information when you contact us online for customer service and other support using self-help tools, such as email, text, or by posting to an Online Community.
When you access these pages or open email messages, we use Pixel Tags and Web Beacons to generate a notice of that action to us, or our Vendors. These tools allow us to measure response to our communications and improve the Site’ pages and promotions.
Device Data may be collected when your device interacts with the Site and ShopLoyal®, even if you are not logged into the Site using your device. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
- Security of Personal Information
ShopLoyal® has implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information. For example, we use industry-standard CPI Compliant encryption technology to secure Financial Account Information.
- Accessing and Correcting Personal Information
You can access, update and delete your, Financial Account Information, and the other information you provided to us in your profile by logging into your account and accessing the “My Account” section of the Site or sending us an email at [email protected]. Keeping your Personal Information current helps ensure that we, our Affiliates and Business Partners offer you the offers that are most relevant to you.
If you want to close your ShopLoyal® account or have other questions or requests, please contact us. While we are ready to assist you in managing your subscriptions, closing your account, and removing your active profile, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases on the Site for financial reporting and compliance reasons.
We will retain your Personal Information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. If you wish to cancel your account or request that we no longer use your Personal Information to provide you services contact us at [email protected] We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
- Social Networks
Social Community Areas
The Site may be accessible through or contain connections to areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products and merchants, and submit media content. Prior to posting in these areas, please read our Terms of Service carefully. All the information you post may be accessible to anyone with Internet access, and any Personal Information you include in your posting may be read, collected, and used by others. For example, if you post your email address along with a public restaurant review, you may receive unsolicited messages from other parties. You should avoid publicly posting Personal Information or identifying information about third parties.
Connecting through Social Networks
ShopLoyal® offers social networking users the opportunity to interact with friends and to share on social networks. If you are logged into both ShopLoyal® and a social network, when you use the Site’ social networking connection functions, we will link your social network account with your ShopLoyal® account if the email addresses match. If the email addresses do not match, we ask you if you want to link them and you must validate that you control the accounts. If you are already logged into ShopLoyal® but not logged into your social network site, when you use the Site’ social network connection functions, you will be prompted to enter your social network web site credentials or to sign up for the social network.
- Privacy Practices of Third Parties
This Privacy Statement only addresses the use and disclosure of information by ShopLoyal® through your interaction with the Site. Other websites that may be accessible through links from the Site may have their own privacy statements and personal information collection, use, and disclosure practices. Our Business Partners may also have their own privacy statements. We encourage you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of a sponsored offer or promotion.
- EU/EEA Safe Harbor; Notice to Residents of Countries outside the United States of America
ShopLoyal® is headquartered in the United States of America. We recognize that the European Community has established a data protection regime pursuant to Directive 95/46/EC (the “Directive”). The Directive applies to the European Economic Area (“EEA”). Switzerland has also established a data protection regime pursuant to the Federal Act on Data Protection (“FADP”). These regimes restrict companies in the EEA and Switzerland (collectively, “EEA/CH”) from transferring personal data about individuals in the EEA/CH to the United States, unless there is “adequate protection” for such personal data when it is received in the United States. To create such “adequate protection” and allow our Affiliates, Vendors and Business Partners to overcome the restriction on international data transfers established by the Directive and the FADP, we adhere to the Safe Harbor Privacy Principles published by US Department of Commerce (“Safe Harbor Principles”) with respect to personal data about individuals in the EEA/CH that our subsidiaries and Business Partners in the EEA/CH send to us, (“EEA/CH Data”). More information on the Safe Harbor Principles and ShopLoyal®‘s scope of participation is available at http://export.gov/safeharbor/ .
If you live outside the United States (including in the EEA/CH), and you use the Site or provide us with Personal Information directly via the Site, your information will be handled in accordance with this Privacy Statement. By using the Site or giving us your Personal Information, you are directly transferring your Personal Information and Non-Identifiable Information to us in the United States. The United States may not have the same level of data protection as your jurisdiction. However, you agree and consent to our collection, transfer, and processing of your Personal Information and Non-Identifiable Information in accordance with this Privacy Statement. You are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction when you use the Site or provide us with Personal Information. Regardless of where we transfer your information, we still protect your information in the manner described in this Privacy Statement.
- Children’s Privacy
ShopLoyal® does not intend that any portion of the Site will be accessed or used by children under the age of eighteen, and such use is prohibited. The Site is designed and intended for adults. By using ShopLoyal®, you represent that you are at least eighteen years old and understand that you must be at least eighteen years old in order to create an account and purchase the goods or services advertised through the Site. We will promptly delete information associated with any account be obtain actual knowledge is associated with a registered user who is not at least eighteen years old.
- Contact Us; California Privacy Rights and Other Countries
Please contact us if you have any questions or comments about our privacy practices or this Privacy Statement. You can reach us online at [email protected] You can reach us via postal mail at the following address:
Attention: Privacy Office
34300 Woodward Avenue
Birmingham, MI 48009
If you reside in Canada, you may have the right to be provided with access to Personal Information that we have collected about you and written information about our policies and practices with respect to the transfer of your personal information to Vendors outside Canada. E-mail us at [email protected] with questions.
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by ShopLoyal® pursuant to Section 1798.83 of the California Civil Code, please contact us via the email or address stated above. Please allow 30 days for a response.
- Glossary of Terms
Affiliate means a company owned and/or controlled by ShopLoyal®.
Business Partners means, collectively, third parties with whom we conduct business, such as merchants, co-marketers, distributors, and resellers.
Cookie means a small amount of information that a web server sends to your browser that stores information about your account, your preferences, and your use of the Site. Some cookies are temporary, whereas others may be configured to last longer. “Session cookies” are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. “Persistent cookies” are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser.
Device Data means information concerning a device you use to access, use, or interact with the Site, such as operating system type or mobile device model, browser type, domain, and other system settings, the language your system uses and the country and time zone of your device, geo-location, unique device identifier or other device identifier, mobile phone carrier identification, and device software platform and firmware information.
Non-Identifying Information means information that alone cannot identify you, including data from Cookies, Pixel Tags and Web Beacons, and Device Data. Non-Identifying Information may be derived from Personal Information.
Online Communities means, collectively, our social networking pages or accounts, forums, bulletin boards, discussion groups, chat rooms or other methods of communication that may be offered on or linked through the Site.
Other Sources means sources of information that legally provide ShopLoyal® with your information, and which are outside the scope of this Privacy Statement at the time of collection.
Personal Information means information about you that specifically identifies you or, when combined with other information we have, can be used to identify you. This includes the following types of information:
Contact Information: your name, postal addresses, email addresses, social networking website user account names, telephone numbers, or other addresses at which you are able to receive communications.
Relationship Information: information you provide that enables us to determine lifestyle, interests, and activities, including location information related to your state/province, city, or neighborhood; areas of interest, the types of deals that interest you, information collected through your interactions with social networks, demographic information (e.g., birth date, age, gender); information about persons for whom you have purchased ShopLoyal® vouchers as gifts or who have bought ShopLoyal® vouchers as gifts for you; and information about friends who refer you or whom you have referred;
Transaction Information: information you provide when you interact with us and the Site, such as the ShopLoyal® vouchers you are interested in, purchase and redeem; email and other communications; and how you interact with Business Partners and our Vendors; and
Financial Information: information collected from you as needed to process payments for ShopLoyal® vouchers, discounts or other products or services that you buy, or as provided by you to administer your participation in optional services and programs, such as your payment card number, expiration date and card verification number.
Pixel Tags and Web Beacons means tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions.
Third-Party Ad-Servers means Vendors and other third parties that provide the technology to place ads on websites and track ad performance.
Vendors means, collectively, third parties that perform business operations on behalf of ShopLoyal® such as transaction processing, billing, mailing, communications services (email, direct mail, etc.), marketing, data processing and analytics, servicing, collections, or ad management.