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SpotOn Website Privacy Policy

SpotOn, Inc. (“SpotOn”) respects the personal privacy of its clients and other users of this website (the “Website”). We (SpotOn) will use your information that we obtain from your use of this Website only as described in this Privacy Policy (“Privacy Policy”).

This Privacy Policy applies to information that you provide or we gather when you visit this Website. This Website describes SpotOn and the services it offers its business clients (“Clients”). SpotOn’s services (“Services”) provide the tools for Clients to operate a “Customer Connections program” through which Clients can communicate with their customers and potential customers by sending messages (“Notes”), including special offers, through various social media platforms using technology developed by SpotOn (the “SpotOn Application”). If a Client provides a loyalty program that offers special benefits for repeat customers (“Loyalty Program”), such Loyalty Program may be offered through the SpotOn Application.

If you are a business that would like to become a Client, you may sign up here and agree to the SpotOn Application Contract. If you are an individual who has signed up to participate in a Loyalty Program offered by one or more SpotOn Clients, you may be able to check your accrued Loyalty Program Points through this Website.

This Privacy Policy applies only to this Website, not to the SpotOn Application, any other website or social media platforms, such as Facebook , Twitter*, Foursquare* or any other third party sites through which an individual may receive Notes from a Client or otherwise participate in a Client’s Customer Connections program. To understand how your information is handled when you use any of such tools or sites, you should read the privacy policies associated with such tools or sites. We encourage you to read this entire Privacy Policy before using this Website. By using this Website, you agree to the terms of this Privacy Policy; do not use this Website if you are unwilling to accept the terms and conditions of this Privacy Policy. When you use this Website, you consent to the collection, storage, use, and disclosure of information in accordance with this Privacy Policy.

After reading this Privacy Policy, you will know:

  1. What information SpotOn collects from you
  2. How SpotOn uses and may disclose information obtained through this Website
  3. What choices you have about how SpotOn treats your information
  4. How SpotOn protects your privacy
  5. What SpotOn does about children visiting this Website
  6. How comments you may make on this Website are handled and
  7. How you can contact SpotOn.

  1. INFORMATION SPOTON COLLECTS FROM YOU

    Active Information Collection

    From Clients and Prospective Clients. We actively collect information from Clients and prospective Clients for our services (hereafter collectively, “Clients”) who visit our Website both (i) by permitting them to communicate directly with us via email, texting, telephone or otherwise and (ii) when they sign up on this Website to become a SpotOn Client. Some of the information that a Client submits that is required for such Client to register to become a Client could identify the Client and its officers, such as business name and address, credit card or bank information (for billing purposes), type of business, telephone number, email address, zip code and names of responsible officers or employees. We refer to such information as “Identifiable Business Information.” In addition, Client may be asked to answer additional questions that are optional (“Optional Information”).

    We will inform Clients which questions are optional. If a Client does not submit the required information to sign up for SpotOn’s services or does not accept the SpotOn Application Contract or the Privacy Policy or Terms of Service required by SpotOn in connection with the Services, Client will not be able to use the Services.

    When a Client uses SpotOn’s Services, SpotOn will collect information related to the Client’s business and customers, as described in the SpotOn Application Contract and the related Privacy Policy and Terms of Service.

    From Consumers and Other End Users. Other than as described under “Loyalty Programs” below, we do not actively collect information from consumers and other end users (other than Clients) who visit this Website. Consumers and other end users may use this Website to learn about SpotOn and the Services it offers and review the Terms of Service and Privacy Policy that apply if you sign up for a Client’s Customer Connections program.

    Loyalty Programs. If you sign up to participate in a Loyalty Program with one or more of SpotOn’s Clients, you may be able to view your accrued Loyalty Program points through this Website. If SpotOn makes that capability available, you will be asked to register and provide SpotOn with information it requests in order to associate your Loyalty Program information with you. Some of the information you submit when you register to view your Loyalty Program points may identify you personally (“Personally Identifiable Information”). If you do not submit the required registration information, you will not be able to view your Loyalty Program points through this Website, but you will still be able to view Loyalty Program points accrued with each Client through that Client’s Facebook page or other site powered by SpotOn. To understand how SpotOn handles your information related to Loyalty Programs, other information collected by SpotOn related to your registration to participate in a Client’s Costumer Connections program, or any other aspect of your interaction with Clients or SpotOn through the SpotOn Application, we encourage you to read the Privacy Policy applicable to such activities.

    Passive Information Collection

    As you navigate through this Website, we may collect certain information passively (that is, information may be gathered without you actively providing the information). Like most website operators, we, our advertisers and our third party service providers may track IP addresses, use both session and persistent cookies, and assign Internet tags. Our system also automatically gathers information about the areas you visit on this Website and collects operational information about the technology you use, such as your browser, type of computer or mobile device, operating systems, Internet service provider and the domain names of the websites from which you linked to this Website and to which you go after viewing this Website. Our advertisers and third party service providers may gather similar information.

    In addition, when you visit this Website, we may store some information on your computer or mobile device. This information will be in the form of a cookie or similar file and will help us in many ways. For example, cookies allow us to tailor this Website in a way that better matches your interests and preferences. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. SpotOn does not collect Identifiable Business Information or Personally Identifiable Information automatically, but we may tie information collected automatically to your previously submitted Identifiable Business Information or Personally Identifiable Information.

    This Website may contain electronic images known as web beacons—also referred to as single-pixel gifs—that permit SpotOn to count users who have visited this Website and for other related statistics—(e.g., recording the popularity of certain Website content and verifying system and server integrity). Web beacons are not used by SpotOn to access your Identifiable Business Information or Personally Identifiable Information; they are used solely to compile aggregated statistics concerning the use of this Website. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.

    The reason we collect passive information is that it helps us understand what areas of this Website are most popular, which areas may require improvement and what technologies are being used by our visitors. This information helps us to update and improve this Website. We also use this information for security purposes, to detect and to block security breaches and to provide you with a safe online environment.

    Third Party Information Collection

    If you link to this Website from another site, or link to another site from this Website, the privacy policies of such third party sites are not under the control of SpotOn. SpotOn has no responsibility or liability for the use of your personal information by any third party sites; for the collection, storage or use of your information by such third parties; or for their privacy policies or for their security practices. If you would like information on any other party’s privacy policy, you should contact that party directly, and we encourage you to do so.

    We may hire third parties to assist our marketing efforts by placing SpotOn ads on other websites or search engines. We may also use third parties to display ads of unrelated companies on this Website. Such third party marketers or advertisers may use cookies to serve ads based on your prior visits to this Website and other websites. SpotOn does not have any control over such cookies. You may be able to modify your browser settings to decline such cookies. If you decline cookies that affect your use of this Website some features may not be available or may not operate properly.

    This Privacy Policy is applicable only to information you submit to or we collect from this Website. If you link from this Website to the Facebook pages of a Client or other sites powered by SpotOn, you should be aware that your activities on those sites are subject to the separate Privacy Policy applicable to those sites.


  2. HOW SPOTON USES AND MAY DISCLOSE INFORMATION OBTAINED THROUGH THIS WEBSITE

    Internal Use of Identifiable Business Information and Personally Identifiable Information.

    Except as otherwise stated, we may use information collected via this Website to improve the content of this Website, to customize this Website to your preferences, to communicate information to you if you have requested it (such as your accrued Loyalty Program points), for our marketing and research purposes (including marketing other services provided by SpotOn), and for any other purpose specified in this Privacy Policy.

    When you provide Identifiable Business Information or Personally Identifiable Information to this Website (for example, in order to become a Client or to register to review your accrued Loyalty Program points), we may combine such information with information about you we have collected from your use of a Client’s Customer Connections program, as described in the Privacy Policy applicable to such programs.

    Limited Disclosure of Identifiable Business Information and Personally Identifiable Information to Third Parties.

    SpotOn will not disclose Identifiable Business Information or Personally Identifiable Information you provide or we collect via this Website to third parties without your consent, except as described below.

    (A) to contractors or service providers SpotOn uses to support its business (such as programming, providing technical support, enhancing our data usage, analyzing data and/or assisting with marketing, customer service and other administrative tasks), and only if we understand that such third parties will treat your personal information consistently with this Privacy Policy;

    (B) in the event of a sale, merger, liquidation, dissolution, reorganization, assignment, or other transfer of stock or the business of SpotOn (“Sale of Business”). In the case of any Sale of Business, it is the obligation of the buyer to use your information collected by us in accordance with this Privacy Policy. If the buyer changes this privacy policy it should do so only prospectively and after providing you notice of the change;

    (C) if required by law or in response to any judicial order, inquiry of any administrative agency; in response to a subpoena or an inquiry from law enforcement or governmental authorities; or

    (D) if SpotOn believes the release of such information is necessary to protect the rights of SpotOn or to address or prevent illegal or harmful activity.

    Other than as described above, SpotOn does not distribute your Identifiable Business Information or Personally Identifiable Information obtained through this Website to third parties. However, you understand that if you register with a Client to participate in the Client’s Customer Connections program, that program will be subject to a separate Privacy Policy and Terms of Service.

    Information that Does Not Identify Your Business or You Personally.

    SpotOn may provide aggregate statistics or information about its customers, sales, trends, Loyalty Program usage, online traffic patterns, related information or other statistical de-identified or aggregated information to third parties, but these statistics or information will not include any Identifiable Business Information or Personally Identifiable Information (“Non-Identifying Information”). Non-Identifying Information collected about you is also used by SpotOn and/or third parties we contract with to troubleshoot, operate and improve this Website, to assist us with marketing or ad placement, to cooperate with law enforcement activities or legal orders, to protect our rights or to address or prevent illegal or harmful activity. In addition, SpotOn may use all information you submit or SpotOn collects about you, which does not identify your business or you personally, in any way SpotOn deems useful, including publishing statistics such as those described above to promote SpotOn or its services.

    Third parties with which we share Non-Identifying Information may use information about your visits to this Website and other websites in order to provide advertisements about goods and services that may be of interest to you.


  3. CHOICES YOU HAVE ABOUT HOW SPOTON USES YOUR INFORMATION

    SpotOn strives to provide you with choices regarding the information you provide to us through this Website. We have created mechanisms to provide you with the following control over your information:

    (i) You may view and modify the business information or personal information you submitted through this Website as follows: If you are a Client, you may modify the information you submitted when you signed up to become a Client as described in the SpotOn Application Contract. If you are a consumer or other end user, you may modify the information you submitted when you registered to be able to view your accrued Loyalty Program points or cancel your user account for that service by emailing support@spoton.com.

    (ii) If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of this Website may then be inaccessible or may not function.


  4. HOW YOUR INFORMATION IS PROTECTED

    SpotOn works hard to protect your personal information, using both technical and procedural methods to maintain the integrity and security of our databases. These include the use of SSL encryption, firewalls, administrative access level controls and employee training. You should keep in mind, however, that no Internet transmission or data storage is ever completely secure or error-free. While SpotOn believes it uses commercially reasonable security procedures, it cannot guarantee the security of any information submitted by you, gathered about you or stored by SpotOn.

    The safety and security of your information also depends on you. You should never share your password used to access your accrued Loyalty Program points, or any other password, with anyone else, and you should notify us promptly at support@spoton.com if you believe the security of such password has been breached. Remember to log off of this Website before you leave your computer.

    This Website may contain links to other sites and/or resources over which SpotOn has no control. SpotOn makes no representations or warranties with respect to the content, ownership, or legality of any such linked sites. Links to third party sites are provided solely as a convenience to you and should not be construed as an affiliation with or endorsement by SpotOn of such third parties or any content, items, or services on third-party sites. You access and use such other sites, including the content, items, or services on those sites, solely at your own risk, and SpotOn has no responsibility or liability resulting from your access or use of such other sites. These linked sites may collect personal information from you when you enter their site. Any such collecting of information is not subject to the control of SpotOn. To ensure protection of your privacy, you should always review the privacy policies of the sites you visit when linking from this Website.

    You acknowledge and agree that SpotOn has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.


  5. WHAT SPOTON DOES ABOUT CHILDREN VISITING THE SPOTON APPLICATION

    This Website is not intended for children under the age of 13 and is not designed to attract anyone under the age of 13. SpotOn will not knowingly collect Personally Identifiable Information from site visitors under the age of 13. We encourage parents to talk to their children, including children between the ages of 12 and 18, about their use of the Internet and the information they disclose online. If a child of any age has provided us with Personally Identifiable Information, a parent or guardian of that child may contact us via e-mail at support@spoton.com if they would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our databases.


  6. HOW COMMENTS YOU MAY MAKE ON THIS WEBSITE ARE HANDLED

    On this Website you may be able to post public comments, including comments about SpotOn. You understand that any messages you post on this Website may be read, saved, used and/or distributed by SpotOn and any other users of this Website. Any such postings by you may be re-posted by any of such users on other websites, used in blogs, etc., and may appear in web searches. SpotOn cannot control who views information you post or what they do with it, so you should use care when sending any personal information to any public access site. SpotOn also cannot control and is not responsible for the accuracy, truthfulness or tastefulness of any information posted by other users in the public portions of this Website. Any use you make of any such postings, and any reliance on them is at your own risk.


  7. HOW YOU CAN CONTACT SPOTON

    If you believe your Identifiable Business Information or Personally Identifiable Information has been submitted to this Website other than as authorized by you, that your privacy has been compromised, or if you have any questions, comments or concerns about this Privacy Policy or the information practices of this Website, please contact us at:

    SpotOn, Inc.

    2350 Kerner Blvd.

    Suite 300

    San Rafael, CA 94901

    877-814-4102

    privacy@spoton.com

“We,” “our,” and “us,” when used in this Privacy Policy refer to SpotOn.

“You” and “your” when used in the Privacy Policy refer to the Client or to the consumer or other end user, as the case may be.

You should review this Privacy Policy carefully, because if you do not agree with the privacy practices of SpotOn, your ultimate choice is not to use this Website. Remember, by using any part of this Website, you accept and agree to the privacy practices described in this Privacy Policy.

You agree that that by visiting this Website, you accept that any dispute over privacy is subject to this Privacy Policy.

SpotOn reserves the right to update this Privacy Policy at any time. If this Privacy Policy changes, the revised policy will be posted on this Website. You are responsible for periodically reviewing our Privacy Policy, and should do so frequently, especially before you provide any Identifiable Business Information or Personally Identifiable Information. Changes to this Privacy Policy will not apply retroactively to Identifiable Business Information or Personally Identifiable Information that was collected before such changes were made, except as may be required or authorized by law. When we change the Privacy Policy, we will also revise the “last updated” date at the end of this Privacy Policy. For material changes to this Policy, we will notify you by placing prominent notice on this Website. If we update this Privacy Policy, your continued use of this Website (following the posting of the revised Privacy Policy) means that you accept and agree to the terms of the revised Privacy Policy. We recommend that you periodically review this Privacy Policy.

This Privacy Policy was last updated on June 13, 2011.

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