Thanx Privacy Policy

Effective January 1, 2020

Welcome to Thanx! Your privacy is important to us; we value your loyalty and are dedicated to protecting your information. Thanx, Inc. ("Thanx", "our", "us" or "we") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from (i) users of our service which includes Web Ordering, our website located at www.thanx.com (this "Site") and our application for mobile devices (collectively the "Thanx Network Service"); and (ii) users of the mobile applications and websites that Thanx powers on behalf of our third party business partners (each a "Branded Offering Merchant") where this Privacy Policy is made available to you (each a "Merchant Branded Offering"). As used in this Privacy Policy, the term "Services" means the Thanx Network Service and any Merchant Branded Offerings. The collection and processing of information between Thanx and Merchants are subject to the terms of the Thanx Merchant Agreements executed between Thanx and its Merchant customers.

Revisions to this Privacy Policy

Any information that is collected via the Services is covered by the Privacy Policy in effect at the time such information is collected. 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 "Last Updated Date" at the end of this Policy to indicate when those changes will become effective.

As used in this policy, the terms "using" and "processing" information include using cookies on a computer or mobile device, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization.

Information Collection and Use

Our primary goals in collecting information are to provide and improve the Services, to administer your use of the Services (including your account, if you are an account holder), and to enable you to enjoy and easily navigate the Services.

Personally Identifiable Information.

Your use of our Services is voluntary. However, if you wish to use certain features of the Services, we may ask you to provide us with, or grant us access to, or permission to obtain, certain personally identifiable information that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, phone number, credit card/debit card number or other billing information, email address and postal address. For example, we collect Personal Information in connection with your registration to join the Thanx Network Service, to authenticate a customer account and to communicate with customers regarding rewards, updates, respond to customer inquiries, marketing and service-related communications and to reset passwords. We also collect Personal Information on behalf of the Branded Offering Merchant when you register to use its Merchant Branded Offering. When you complete your registration in either instance you become a "Member". If you create an account using your login credentials from one of your Social Networking Service ("SNS") accounts, we will be able to access and collect your name and email address and other Personal Information that your privacy settings on the SNS account permit us to access (such as your "real" name, profile picture, email address and other information you make publicly available via the applicable SNS).
We also collect other information that you provide as part of registration and the administration and personalization of your profile webpage, as applicable (e.g., without limitation, age, date of birth, gender, extended profile or survey responses, zip code, geo-location information and mobile device identification information (e.g., UDID) ("Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Services and administer your inquiries. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Users (defined below) to attempt to provide you with a better or more personalized experience, to improve the quality and value of the Services and to analyze and understand how the Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

Transaction Data. We also collect transaction information related to purchases you make with Linked Cards ("Transaction Data"), including, but not limited to, purchase amount, purchase time and date and merchant for each transaction. A "Linked Card" means one or more payment cards you choose to link with the account you create using the Services. By connecting any Linked Card via the Services, you authorize us to share your payment card information with your payment network (e.g., AMEX, MasterCard or Visa) to enable the payment network to examine transactions on your Linked Cards at all participating Thanx merchants and to share Transaction Data with us in order to facilitate your participation in the Services (e.g., to administer the loyalty programs you join and your accrual of rewards), and you give us the right to use the Transaction Data from your Linked Cards for these purposes. You also authorize us to share your Transaction Data with the participating merchant where the transaction occurred to enable the merchant to process your rewards and deliver personalized offers to you. Notwithstanding anything to the contrary in the Thanx Terms of Service or this Privacy Policy, we and our participating merchants will use Transaction Data only as described in this paragraph. Purchases made with an enrolled card will earn rewards and rewards progress at the corresponding merchant on the Thanx platform. You can find your rewards and rewards progress in the specific merchant's branded application, if available, or in the Thanx application. By enrolling your card in any Thanx powered application your card will accrue rewards and reward progress at all Thanx participating merchants. You can remove your Linked Card from the Services at any time by visiting your account, selecting "Registered Cards", clicking "Edit" and deleting any card(s) you prefer. When you do so we will no longer capture future transactions associated with the Linked Card, but we will retain the Transaction Data associated with your Linked Cards for historical transactions as necessary to maintain your rewards program progress and keep track of any applicable rewards.

Information Related to Use of the Services. When you visit the Services, whether as a Member or a non-registered user just browsing (any of these, a "User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to the Services, pages of the Services that you visit, the time spent on those pages, information you search for on the Services, access times and dates and other statistics. From users of the mobile applications part of the Services, we also collect Log Data such as agent version, platform, SDK version, API key for the application, application version, mobile device model, manufacturer and version, access times and dates, time zones and network status.

We use several third-party services to collect, monitor and analyze this information in order to increase the Services' functionality and user-friendliness, and to better tailor the Services to visitors' needs. We also use this information to verify that visitors to the Services meet the criteria required to process their requests. Accordingly, Log Data is shared with these third-party service providers (such as Google Analytics and Mixpanel) but does not include Personal Information. If you do not want your data to be used by Google Analytics you may opt-out by installing the Google Analytics Opt-Out Browser Add-On.

Information Collected Using Cookies and other Web Technologies

"Cookies" are small data files that we transfer to your device for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Services. Second, we utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by Users and web traffic routing on the Services. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Services and then close your browser, as applicable. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of Services or its functionality.

"Web Beacons" (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user's device, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

Location Information. When you use the Thanx app or the apps part of a Branded Merchant Offering, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device's GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device.

Information Sharing and Disclosure

We will not share any Personal Information that we have collected from or regarding you except as described below:

Information Shared with Social Networking Services. The Services give you the option to share information contained in your account with certain SNSs. We will not share your account information, which may contain your Personal Information, with such SNSs unless you expressly authorize such disclosure.

Information Shared with Thanx Network Merchants. When you join the Thanx Network Service you may transact at participating merchants part of the Thanx network (each a "Thanx Network Merchant") and earn reward progress or rewards at those merchants. When you do so, Thanx may provide your anonymous and/or aggregate transaction data to the Thanx Network Merchant in order to enable the merchant to track the efficacy of their participation in the Thanx network. For the first Thanx Network Merchant you at which you select an introductory offer (including intro rewards that grant progress toward a reward) and/or through which you sign up for the Thanx Network Service ("Initial Thanx Merchant") we automatically share the Personal Information and Non-Identifying Information we collect from you with the Initial Thanx Merchant. This information is shared with the Initial Thanx Merchant so they can administer your participation in their rewards program, update you on special offers, products or services that may be of interest to you. Initial Thanx Merchants are contractually obligated to comply with applicable law in their use of the information they may receive from us about you. For Thanx Network Services you purchase directly through the Thanx app, such as Exclusive Offers, we will share your e-mail address and phone number to enable the Thanx Network Merchant whose product or service you purchased for purposes of processing, supporting and tracking your purchase. For all other Thanx Network Merchants, you may have the option to provide your email address or other Personal Information and Non-Identifying Information to a Thanx Network Merchant and we will only share that Personal Information with a Thanx Network Merchant when you expressly authorize us to do so. Thanx Network Merchants may use this information to message you inside and outside of the Thanx Network Service (e.g., via email) with advertisements about products or services that may be of interest to you or to respond to your requests. Thanx Network Merchants are contractually obligated to comply with applicable law in their use of the information they may receive from us about you.

Information Shared with Branded Offering Merchants. When you join a Merchant Branded Offering we automatically share the Personal Information, Transaction Data and any other information we collect from you with the Branded Offering Merchant. This information is shared with the Branded Offering Merchant so they can administer your participation in their rewards program and learn about your interests and the products and services you enjoy. Branded Offering Merchants may also use this information to message you inside and outside of the Merchant Branded Offering. For example, a Branded Offering Merchant may use your Personal Information to deliver you rewards and keep track of your rewards progress in its loyalty program. Branded Offering Merchants are contractually obligated to comply with applicable law in their use of the information they may receive from us about you.

Merchants may require emails (for electronic delivery) and addresses (for physical delivery) of products purchased. Phone numbers and email addresses may also be requested in the event the Merchant or common carrier utilized by Merchant needs to contact the purchaser or recipient to facilitate delivery of the orders to the appropriate location. Emails may also be provided to confirm an order. 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). SMS and email communication to facilitate orders and deliveries are processed through integrations offered through Twilio. Information is processed pursuant to agreements between such third-party integration services, Merchants and Thanx. 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, and Toast Privacy Statement for additional information.

Information Shared with Third Parties. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Information Shared with Our Services Providers. We may employ third party companies and individuals to facilitate the Services, to provide the Services on our behalf, to perform website and application-related services (e.g., without limitation, maintenance services, database management, credit card processing, web analytics and improvement of the Services' features) or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. For offers purchased directly via Thanx (as opposed to earning through loyalty points), such as Exclusive Offers, Thanx utilizes a third party payment processor and a payment orchestration platform, to validate, tokenize and vault credit cards (and other payment types) and then process charges against those payment methods against one or more of the payment gateways that are integrated with the Thanx platform. Information collected to process and vault payments may include a user's email address, phone number, and billing and shipping address. Each are PCI-DSS compliant and only store tokenized card data. Please see Stripe's Privacy Policy and Spreedly Privacy Policy for more information. Thanx does not store credit card numbers.

Information Disclosed for Our Protection and the Protection of Others. Thanx cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Thanx or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Information Disclosed in Connection with Business Transactions. Thanx may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Your Choices

We offer you choices regarding the collection, use and sharing of your Personal Information and we will respect the choices you make. 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.

Opt-Out: We may periodically contact you with loyalty rewards and offers, discounts, experiences, targeted promotions and other information that may be of interest to you (including, without limitation, regarding the Merchant Branded Offering powered by Thanx). When you receive such promotional communications from us, you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive. We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to the terms applicable to a Merchant Branded Offering or this Privacy Policy.
Changing or Deleting Your Information: All Members may review, update, correct or delete the Personal Information provided to us in course of the use of the Services via their accounts or by contacting us. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at support@thanx.com with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

Thanx is very concerned with safeguarding your information. The security of your Personal Information is important to us. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site or via the Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Thanx transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Your California Privacy Rights

California Consumer's Request to Know, Right to Delete, Right to Opt-Out of Sale Notices. For Information on your California Consumer Rights, please see: California Consumer Privacy Rights Notice ("Notice")

A verifiable Consumer Request under this Section may be submitted to Thanx effective January 1, 2020 by emailing Thanx at support@thanx.com or through the account or as otherwise designated in the Notice.

For each request, Thanx will initially verify the email address on file with the email address submitted in the applicable request. Further verification will be based upon confirmation of data correlating to information maintained by Thanx, as applicable. Consumers may designate an authorized agent to make a request on the Consumer's behalf at support@thanx.com. Requests by authorized agents are subject to additional verification requirements pursuant to the rules and regulations set forth in the CCPA. Please see the Notice for additional information.

Phishing

Identity theft and the practice currently known as "phishing" are of great concern to Thanx. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website.

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.

Our Policy Toward Children

The Services are not directed to persons under 18. We do not knowingly collect personally identifiable information from children under 16. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she 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 from our files.

Contacting Us

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

Last Updated: December 22, 2020