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:

• Contact data, such as your name, phone number, email address, postal address.
• Profile data, such as the username and password you set for your account on the Services as well as your age, date of birth, gender, and other information you include in your Services account profile.
• Payment data, such as your payment card number and other billing information.
• Order data, such as information about orders you place with Merchants and the deliveries of those orders.
• Communications, such as information about you that you provide when you request information from us or otherwise correspond with us.
• Account preferences, such as your preferences for receiving our communications and any other preferences you set in your Service account.

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:

• Transaction Data. We collect transaction information related to purchases you link to your Services account ("Transaction Data"), including, but not limited to, purchase amount, purchase time and date and Merchant for each transaction. By connecting a payment card to 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 connected payment card at all participating Merchants and to share Transaction Data with us and the Merchants 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 connected payment card for these purposes. You also authorize us to share your Transaction Data with the participating Merchant where the transactions 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. You can remove your payment card from your account at any time in your settings. When you do so we will no longer capture future transactions associated with the removed card, but we will retain the Transaction Data associated with your removed card for historical transactions as necessary to maintain your rewards program progress and keep track of any applicable rewards.
• Merchant Data. Merchants may share personal information with us about their customers or prospective customers to whom the Merchants send communications through the Thanx Services.

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:

• Device data, such as your device's operating system type and version, manufacturer and model, browser type, mobile application/SDK version, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), internet protocol (IP) address, unique identifiers (including identifiers used for advertising purposes), API keys, language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 3G) and status, time zones, and general location information such as city, state or geographic area.
• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have
• Precise geolocation when you authorize our mobile application to access your device's location.

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

• Cookies are small data files stored on 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 usage of 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 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, track when our email messages are opened, 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).
• SDKs. We use third-party software development kits ("SDKs") in our mobile applications. A SDK is third-party computer code that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our app, or to facilitate online advertising.
• Session Replay Technologies. We use third party services provided by FullStory that employ software code to record users' interactions with the Services in a manner that allows us to watch DVR-like replays of those user sessions. The replays include users' clicks, mobile app touches, mouse movements, scrolls and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement. You can learn more about FullStory at https://www.fullstory.com/legal/privacy-policy and you can opt-out of session recording by FullStory at https://www.fullstory.com/optout/.

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:

• Advertising. Used by advertising companies to collect information about how you use online services over time. These companies use this information to show you ads they believe will be relevant to you online, and to measure how the ads perform.
• Analytics. Help us understand how the Services are performing and being used. These cookies may work with web beacons included in emails we send to track which emails are opened and which links are clicked by recipients. For example, we use Google Analytics a web analytics service offered by Google that tracks and reports website traffic. Please see Google's Data Privacy and Security Policy for information on how Google protects your data. You can opt-out of the use of Google Analytics by installing Google Analytics Opt-out Browser Add-on.
• Essential. Necessary to allow the technical operation of our Services (e.g., remembering your settings, allow you to log into your account, redirect you when you log out).

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:

• provide, operate and improve the Services and our business;
• enable the functionality of the Services, including to authenticate the user, enable features, prevent fraud, implement security measures, ensure server up-time, minimize crashes, and improve scalability and performance;
• communicate with you about the Services, including by sending announcements, updates, security alerts, and support and administrative messages, including through emails, text messages and push-messages;
• Send you Merchant-related service messages, such as text messages about the status of an order or delivery;
• understand your needs and interests, and personalize your experience with the Service and our communications; and
• provide support for the Services, and respond to your requests, questions and feedback.

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:

• Direct marketing. We may send you direct marketing communications about our products or services or products and services of Merchants or our other business partners that we think may interest you, as permitted by law. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
• Interest-based advertising. Our Merchants may elect to engage third-party advertisers or advertising companies to display ads on other online services. These companies may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) over time across the Merchant Branded Services, your communications and other online services, and use that information to serve ads on other online services that they think will interest you. This is called interest-based advertising. Merchants may also share names, email addresses and device identifiers about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the Your choices section below.

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

• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
• protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims);
• audit our internal processes for compliance with legal and contractual requirements and internal policies;
• enforce the terms and conditions that govern the Service; and
• prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

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.

• 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. When you receive such promotional communications from us, you will have the opportunity to "opt-out" by following the instructions provided in the communication 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 the Services or this Privacy Policy.
• Changing or Deleting Your Information: All Members may review, update, correct or delete the personal information accessible from their accounts by contacting us. If you request to delete all such information or information we designate as mandatory, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at [email protected]. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as permitted by law.

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 [email protected].

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 [email protected]. 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 [email protected].

Last Updated: April 18, 2022