Tocaya Rewards powered by Thanx

Thanx Privacy Policy

Effective Date: January 1, 2020

See previous version here

Thanx, Inc. ("Thanx", "our", "us" or "we") provides this Privacy Policy to describe our collection, use and disclosure of personal information we receive about users of our website located at www.thanx.com (this "Site") and customers and users of merchants that partner with us to help them offer and promote their goods and services, such as restaurants, retailers and malls (collectively, "Merchants"). This includes personal information of users of:

  1. The Thanx mobile application and websites that link to this Privacy Policy (collectively the "Thanx Service") and customers or prospective customers to whom Merchants send communications through the Thanx Service (such application, website and communications are referred to collectively as the "Thanx Service");
  2. Mobile applications and websites that link to this Privacy Policy and that Thanx operates for Merchants whose names and brands appear on the application or website (each a "Merchant Branded Services"); and
  3. Merchant-operated mobile applications and websites into which our services or functionality are embedded ("Embedded Services").

As used in this Privacy Policy, "Services" means, collectively, the Thanx Service, any Merchant Branded Services and the Embedded Services.

Revisions to this Privacy Policy

We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you of those changes by posting them on the Services or by sending you an email or other notification, and we'll update the effective date at the top of this Privacy Policy to indicate when those changes will become effective.

Personal Information Collection

Personal information you provide to us. Personal information that you may provide to us through the Services or otherwise includes:

Third party sources of personal information. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

Automatically collected personal information. We, our service providers, and our third-party advertising partners may automatically log information about you, your computer or mobile device, your activity over time on our sites and other online services, and your interactions with our marketing communications, such as:

Cookies and similar technologies. Some of the automatic collection described above is facilitated by cookies and similar technologies:

Some of these cookies and similar technologies are served by third party service providers or business partners, and can be used by these parties to recognize your computer or mobile device when it visits the Services and other online services. These third parties and Thanx may use the following types of cookies and similar technologies:

You can learn more about options for limiting use of cookies and similar technologies in the Your Choices section below.

Personal Information Use

We use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery. We use your personal information to:

Research and development. We may use your personal information for research and development purposes, including to analyze user behavior, understand the effectiveness of existing features, plan new features, measure audience size or characteristics and otherwise analyze and improve the Service and our business. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Marketing and advertising. We, our service providers and third-party advertising partners may use your personal information for the following marketing and advertising purposes:

Compliance and protection. We may use your personal information to:

Information Sharing and Disclosure

We will not share any personal information that we have collected about you except as described below or at the time of collection or with your consent:

Thanx Service Merchants. When you join the Thanx Service you may transact with Merchants that participate in the Thanx network (each a "Thanx Service Merchant") and earn reward progress or rewards at those merchants. We share your personal information with Thanx Service Merchants with whom you choose to transact so they can administer your participation in their rewards program, and update you on special offers, products or services that may be of interest to you. Although we will share your email address with the first Thanx Service Merchant from whom you accept an introductory offer, we will only share your email address with other Thanx Service Merchants with your consent.

Thanx Service Merchants may use the information we share with them to message you inside and outside of the Thanx Service (e.g., via email and text messages) with advertisements about products or services that may be of interest to you or to respond to your requests. In addition, we may share your phone number with any Thanx Service Merchant whose product or service you purchased so it can process, support and track your purchase. Except as restricted by Thanx, Thanx Service Merchants may also use and share personal information that we share with them in the same manner that Thanx uses and shares personal information as described in this Privacy Policy.

Merchant Branded Services. When you join a Merchant Branded Service we may automatically share the personal information, Transaction Data and any other information we collect from you with the Merchant. This information is shared with the Merchant so they can administer your participation in their rewards program and learn about your interests and the products and services you enjoy. Merchants may also use this information to message you inside and outside of the Merchant Branded Service. For example, a Merchant may use your personal information to deliver you rewards and keep track of your rewards progress in its loyalty program. Merchants may require emails (for electronic delivery) and addresses (for physical delivery) of products purchased. Phone numbers and email addresses may also be share with the Merchant or the common carrier utilized by Merchant if they need to contact the purchaser or recipient to confirm orders or facilitate delivery of the orders to the appropriate location. Delivery of orders placed with Merchants are enabled by third party software integrations to help Merchants facilitate online ordering, POS and delivery services, such as Olo, Toast and Open Tender (powered by Brandible). If you make a purchase for delivery, Merchants and such third party integrations systems will share personal information necessary for requested delivery with third party delivery partners (such as Postmates, DoorDash, and GrubHub), including your name, phone number, the product you purchased, and the delivery location. Please see the Olo Privacy Policy, Brandible Privacy Policy, Toast Privacy Statement, Bbot Privacy Policy and Bbot DPA for additional information. Except as restricted by Thanx, Merchants may also use and share personal information that we share with them in the same manner that Thanx uses and shares personal information as described in this Privacy Policy, or as described in the Merchant's privacy policy. Where a Merchant maintains a privacy policy apart from this Privacy Policy we encourage you to read it prior to joining a Merchant Branded Service. Merchants are contractually obligated to comply with applicable law in their use of the information they may receive from us about you.

Services Providers. We may employ third party companies and individuals to help us facilitate the Services and operate our business (e.g., without limitation, maintenance services, database management, hosting, information technology, payment card processing, email/SMS delivery, customer support, analytics and improvement of the Services' features) or to assist us in analyzing how our Services are used. For offers purchased directly via Thanx, Thanx utilizes a third party payment processor and a payment orchestration platform to process payment card payments. Please see Stripe's Privacy Policy and Spreedly Privacy Policy for more information. Thanx does not store payment card numbers.

Compliance and Protection. Thanx will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate for the compliance and protection purposes described above.

Business Transactions. Thanx may sell, transfer or otherwise share some or all of its assets, including your personal information, with relevant participants in transactions (or proposed transactions) such as a merger, acquisition, reorganization or sale of all or a portion of Thanx's assets or in the event of bankruptcy.

Your Choices

We offer you the choices below regarding the collection, use and sharing of your personal information. Please note that if you decide not to provide us with the personal information that we request, you may not be able to access all of the features of the Services.

NOTICE OF FINANCIAL INCENTIVE FOR CALIFORNIA RESIDENTS

The Thanx Services enables you to receive a variety of rewards via loyalty programs in exchange for allowing us to collect and use personal information about you.

When you participate in the Services, you allow us to collect (directly or indirectly), use, and retain personal information on an ongoing basis, as described in this Privacy Policy. This includes personal information such as name, email address, phone number, preferred service locations, and at your option, birth date, gender, and payment data. If you join the Services, in exchange for your participation, you will be able to earn discounts on purchases, free items, personalized customer experiences, prize items, including from the rewards marketplace, reward points, credit towards your account, or other financial incentives, the amount and nature of which will be determined by the extent of your participation in the Services and other factors. We may adjust the Services periodically and will notify you of changes. You can opt into the Services by joining the Services on the mobile application or website, through a third party service, or at the point of sale in a store. You also have the right to withdraw from the rewards program at any time by leaving the Services.

If you wish to stop participating in the Services, you can send an email to support@thanx.com.

The rewards available to you through the Services are based upon the reasonable determination of the value that Thanx receives from collecting and retaining personal information. This estimated value takes into account a variety of factors as permitted by law, including (but not limited to) the expenses incurred in collecting and retaining the information, the expenses incurred in providing rewards to you, and the estimated marginal revenue that derived from information related to a specific loyalty participant and program.

Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International Transfer

Your information may be transferred to — and maintained on — computers located in the United States or other locations outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.

Your California Privacy Rights

For Information on your California Privacy Rights, please see our California Consumer Privacy Rights Notice ("Notice")

Links to Other Sites

The Services contains links to other websites. If you choose to visit a third-party link, you will be directed to that third party's website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Children

The Services are not directed to persons under 18. We do not knowingly collect personal information online from children under 16. Aa parent or guardian of a child under 16 that believes the child has provided us with personal information without their consent as required by law should contact us at support@thanx.com. If we become aware that a child under 16 has provided us with personal information, we will delete such information.

Response To "Do Not Track" Signals

"Do Not Track" is a feature enabled on some browsers that sends a signal to request that a website disable its tracking or cross-website user tracking. Thanx shall treat any user-enabled global privacy controls, such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicate or signal the consumer's choice to opt-out of the sale of their personal information as a valid request submitted pursuant to the CCPA for that browser or device, or, if known, for the consumer.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at support@thanx.com.

Last Updated: April 18, 2022