EFFECTIVE AS OF December 16th, 2019.
SpotOn Transact, LLC (“SpotOn”) provides certain services directly to individual users like you (“Consumers”), and also provides technology for use by merchants (together, the “Services”). Merchants that are customers of SpotOn (“Merchants”) may provide certain information about you to SpotOn, and SpotOn may provide certain information about you to Merchants.
What information SpotOn collects from you
How SpotOn uses and may disclose information it obtains through a SpotOn Website, SpotOn Mobile or the Services
What choices you have about how SpotOn treats your information
How SpotOn protects your privacy
What SpotOn does about children visiting a SpotOn Website or Spoton Mobile
How comments you may make via SpotOn are handled;
How you can contact SpotOn
Information SpotOn Collects from you.
Active Information Collection.
SpotOn actively collects information from our visitors to a SpotOn Website or SpotOn Mobile both by asking specific questions, by allowing you to upload information through other tools (such as Facebook Connect or other social media site), and by permitting you to communicate directly with us through a SpotOn Website, SpotOn Mobile, via email or otherwise. If you sign up with SpotOn to use the Services directly with SpotOn or through any SpotOn Access Portal (including a Merchant or social media site), or if a Merchant signs you up for its services that use SpotOn technology, some of the information that you submit (directly or via an upload), or that is submitted for you by a Merchant, is required to register you to use the Services. Some of such information could identify you personally, such as your first and/or last name, telephone number, email address, zip code and birthdate. Such information is called “Personally Identifiable Information.” Some Services or programs may require you (or a Merchant on your behalf) to enter your demographic information and/or additional Personally Identifiable Information, such as your name (if not previously provided), gender, financial / credit card information or other information.
SpotOn and Merchants may offer you, directly or through Facebook, Twitter, other social media sites, or other third parties, the opportunity to participate in activities related to the Services, such as responding to surveys, entering a contest or sweepstakes, playing games or providing information to our customer service representatives. If you choose to participate in such activities (when offered) SpotOn or Clients may collect additional Personally Identifiable Information or other information from you with your consent.
When you visit a SpotOn Website, SpotOn Mobile, use the Services, or participate in activities that are part of the Services, SpotOn and Merchants may collect information related to such activities. SpotOn does not intentionally collect Personally Identifiable Information about you other than (i) such information that you provide us as described above, either directly to SpotOn or through a SpotOn Access Portal (including through permissions you authorize with social media sites which are used in conjunction with the Services (e.g., Facebook, Twitter and other sites)), or (ii) information submitted to SpotOn for you by one or more Merchants. SpotOn may, however, keep track of your responses to Offers (defined below), visits to and purchases from Merchants and associate that information with your registration information, including your Personally Identifiable Information (see “Program Information Collection,” below).
Passive Information Collection.
As you navigate through a SpotOn Website, SpotOn Mobile or use the Services, SpotOn may collect certain information passively (that is, information may be gathered without you actively providing the information) using various technologies and means, such as navigational data collection and geolocation data. The foregoing data may also be collected when you interact with the SpotOn technology, for example, by making an appointment or reservation or making a payment. Like most website operators, SpotOn, its advertisers and third-party service providers may track IP addresses, use both session and persistent cookies, and assign Internet tags. SpotOn also automatically gathers information about the areas you visit on a SpotOn Website and SpotOn Mobile 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 the SpotOn website or SpotOn Mobile and to which you go after viewing such sites. If you activate geolocation applications, SpotOn may have access to and store your geolocation information related to the Services.
In addition, when you visit a SpotOn Website or SpotOn Mobile, SpotOn 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 our websites, our mobile apps and the Services or other offerings to you 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 Personally Identifiable Information automatically, but we may tie information collected automatically to your previously submitted Personally Identifiable Information.
A SpotOn Website, SpotOn Mobile, or any other SpotOn interface that connects you to the Services may contain electronic images known as web beacons—also referred to as single-pixel gifs—that permit SpotOn to count users who have visited the website or mobile app and for other related statistics—(e.g., recording the popularity of certain content and verifying system and server integrity). Web beacons are not used by SpotOn to access your Personally Identifiable Information; they are used solely to compile aggregated statistics concerning the use of a SpotOn Website or SpotOn Mobile. 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 SpotOn collects passive information is that it helps us understand which areas of a SpotOn Website and SpotOn Mobile are most popular, which areas may require improvement and what technologies are being used by our visitors. This information helps SpotOn to update and improve its websites and mobile apps, and our Services. SpotOn also uses this information for security purposes, to detect and to block security breaches and to provide you with a safer online environment.
Program Information Collection
After you register with SpotOn (directly or through a SpotOn Access Portal) or are registered by a Merchant, you may receive “Offers,” defined as special promotions or offers from one or more Merchants; may have such Offers sent to you automatically via email, mobile communications (e.g., SMS text messaging, mobile notifications), Facebook, Twitter or other social media; may be able to post those Offers on your own Facebook page to share with your friends; and/or may be able to use other tools offered by SpotOn. SpotOn may automatically keep track of all of those choices and associate them with the registration information you provided or that was provided for you by a Merchant, including your Personally Identifiable Information you (or a Merchant on your behalf) may have provided. SpotOn may also keep track of, and associate with your Personally Identifiable Information, activities you engage in offline that relate to the Services, such as which Offers you respond to (for example, by purchasing the goods or services that are the subject of the Offer) and loyalty rewards you earn from offline purchases, your reservations and appointments, your spending habits, and other services that SpotOn may make available to you. All of the information described in this paragraph is called “Merchant Participation Data.” SpotOn may use Merchant Participation Data for a number of purposes, including keeping track of rewards points (if offered by the Merchant), categorizing you with respect to your response to Offers and rewards programs of each Merchant, and marketing goods or services of Merchants and SpotOn as described above. SpotOn will offer you the option not to receive such marketing messages from SpotOn.
If SpotOn permits certain Merchants with which (or by which) you are registered to do so, such Merchants may also keep track of Merchant Participation Data and use it as described above, including marketing their goods or services as described above. If a Merchant is given permission to use its Merchant Participation Data, SpotOn will require such Merchant to agree to offer you an option not to receive such marketing messages.
In addition to the foregoing, SpotOn will have access to information regarding your registration with and participation in the Offers and loyalty programs offered by all Merchants for which, or by which, you are registered (“Program Participation Data”). Program Participation Data may be used by SpotOn to keep track of loyalty points that you have accrued with each Merchant SpotOn works with, which may allow you to check all of those programs you are enrolled in on one page of a SpotOn Website or SpotOn Mobile. SpotOn may also use Program Participation Data, combined with your Personally Identifiable Information, for purposes such as categorizing you with respect to various Merchants or types of Merchants, Offers and loyalty programs and for sending you marketing messages for goods or services of SpotOn or other Merchants or service providers. Program Participation Data may enable SpotOn to market third-party goods and services to you, as described above. SpotOn will offer you the option not to receive such marketing messages. To do so, you should use the link provided by SpotOn in the message to elect not to receive future marketing messages, or if you are using SpotOn Mobile, you can adjust the application’s notification settings.
Third Party Information Collection
Currently, the SpotOn technology operates on SpotOn Websites, SpotOn Mobile, SpotOn devices at Merchants’ locations, may operate on Merchant’s websites, any Spoton.com URLs, and also operates on Facebook’s platform and other social media platforms. In the future, the SpotOn technology could operate on other social media or other locations. Depending on the choices you make when you register (or a Merchant registers for you), Offers may be sent to you through Facebook, Twitter or other social media, and additional social media applications may in the future be included with our services (e.g., geolocation information). Information related to you, your use of the SpotOn technology and the goods and services provided by SpotOn and Clients may be available to Facebook, Twitter and other third parties, such as the operators of various social media or other sites.
How SpotOn may use and disclose information obtained through the services
Internal Use of Personally Identifiable Information.
You provide Personally Identifiable Information when you register for the Services through any SpotOn Access Portal, including a SpotOn Website or SpotOn Mobile (for example, on the registration page or through an upload you authorize), and a Merchant may send SpotOn such information for you. SpotOn may combine any such information with Client Participation Data and/or Program Participation Data, as described in the section entitled “Program Information Collection.”
SpotOn may provide Personally Identifiable Information you have provided to SpotOn (directly or through an upload), or that has been submitted to SpotOn by a Merchant on your behalf, to certain Clients with which (or by which) you are registered, and that have been permitted such information access by SpotOn. When and if permitted by SpotOn, such Merchants may use that information to send you messages, independently of the Services, about their goods and services and about the goods and services of other merchants. If you do not wish to receive such messages you may opt out of receiving them by choosing the opt-out option provided in such messages. All Merchants granted such permission by SpotOn will have agreed not to provide your Personally Identifiable Information to third parties except as described in the next section. Merchants have also agreed to abide by the rules and obligations under the CAN-SPAM Act of 2003 (15 U.S.C. § 103, et seq). SpotOn is not responsible for assuring that Merchants comply with these commitments.
Limited Disclosure of Personally Identifiable Information to Third Parties
SpotOn will not disclose Personally Identifiable Information provided by you or by Merchants on your behalf, or that SpotOn collects in conjunction with the Services, to other third parties (i.e., to parties other than Merchants with which (or by which) an end user is registered) without consent, except as described below. Although SpotOn is not responsible for assuring that Merchants comply with their commitments, it does require each Merchant to agree to limit disclosure of Consumers’ Personally Identifiable Information to the following:
(B) as necessary to fulfill an order for a Consumer,
(C) to service providers of Merchant who need to know such information to provide services to Merchant consistent with their obligations and such service providers are obligated to keep such information confidential,
(D) if required by law or subpoena, in response to an inquiry from law enforcement authorities or regulators, or
(E) if Merchant believes the release of such information is necessary to address or prevent illegal or harmful activity.
Other than as described above, SpotOn does not distribute Personally Identifiable Information to third parties, and Merchants have agreed not to do so either. SpotOn is not responsible for assuring that Merchants comply with that commitment.
SpotOn will not have any liability for disclosure of your information resulting from actions by Facebook or other social media companies or platforms, or from errors in transmission or the unauthorized intervention of third parties.
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 Personally Identifiable Information (“Non-Identifying Information”). Non-Identifying Information is also used by SpotOn and/or third parties we contract with to troubleshoot, operate and improve SpotOn Websites, SpotOn Mobile and SpotOn technology, to assist us with marketing or ad placement, to cooperate with law enforcement activities or legal orders, to protect our rights (including enforcing the Merchant Terms and User Terms) or to address or prevent illegal or harmful activity. In addition, SpotOn may use all information submitted by Consumers that SpotOn collects about them that is Non-Identifying Information in any way SpotOn deems useful, including publishing statistics such as those described above to promote SpotOn or its Services.
SpotOn may use information that Consumers provide or that SpotOn collects about Consumers from their use of any SpotOn Website, SpotOn Mobile, the Services or resulting from use of the SpotOn technology, including their response to Offers from Merchants, their participation in the rewards programs of Merchants (if any) and/or other information, to send Consumers marketing messages related to goods or services SpotOn believes will be of interest to them. Such goods or services may be offered by SpotOn, Merchants, or other third parties. (See description above, under “Program Information Collection.”). Such marketing messages may be sent via email, mobile communications, Facebook, Twitter, other social media or otherwise, depending on how the Consumer has elected to receive Notes from various Merchants. Consumers can opt out of receiving such marketing messages through the “Settings” tab in the SpotOn App and by choosing the opt-out option provided in email messages.
Choices end users have about how SpotOn uses their information
SpotOn strives to provide Consumers with choices regarding the information they provide. SpotOn has created mechanisms to provide Consumers with the following control over their information:
(i) You may view and modify the Personally Identifiable Information and/or Optional Information you submitted through a SpotOn Access Portal, or that was submitted to SpotOn on your behalf by a Merchant, as follows: you may modify the information you submitted when you registered, or when a Merchant registered you, by going to the applicable SpotOn Website or SpotOn Mobile. You may opt out of messages from SpotOn or revoke your consent to such messages, by turning off notifications for SpotOn Mobile or by choosing the opt-out option provided in any messages. If you want to stop receiving all messages through the Services, you will need to delete the SpotOn App from your device, visit each social media company through which the you chose to have the Services provided (e.g., Facebook, Twitter, etc.) and delete SpotOn from each such social media company, and choose the opt-out option provided in messages sent via email. Each Merchant has agreed to allow Consumers to stop receiving communications from it by allowing Consumers to opt out of such messages or to alter or revoke consents to communications from the Merchant. SpotOn is not responsible for assuring that Merchants comply with that commitment.
SpotOn keeps track of Consumers’ transactions with Merchants or with services provided by SpotOn technology, as well as communications about Merchants that Consumers makes through SpotOn technology (e.g., posting Offers to a Facebook page, sending Offers to friends). Consumers cannot delete information associated with such transactions and communications.
(ii) Marketing messages from SpotOn will contain an option for the Consumer to choose not to receive such messages in the future. When and if marketing messages from Merchants or other or third parties are permitted, SpotOn intends to require the Merchant or other third party to agree to allow Consumers to choose not to receive such messages. SpotOn will not be responsible for assuring that Merchants or other third parties comply with such commitments.
How SpotOn protects your information
SpotOn works hard to protect the personal information of Consumers, 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. Consumers 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 Consumers or information gathered about Consumers or information stored by SpotOn.
The safety and security of information of each Consumer also depends on the Consumer. You should never share your SpotOn passwords, or any other password (including passwords you use with Merchants, Facebook or any other social media site), with anyone else, and should notify SpotOn, or any other relevant provider site if you believe your password security has been breached. Remember to log off of each SpotOn Website and SpotOn Mobile before you leave your computer or mobile device.
The SpotOn Websites, SpotOn Mobile or other sites through which you may use the Services may contain links to other sites and/or resources over which neither SpotOn nor Merchants have any 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 or any Merchant of such third parties or any content, items, or services on third-party sites. Access and use of such other sites, including the content, items, or services on those sites, solely at the risk of the user, 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 privacy, you should always review the privacy policies of the sites you visit when linking from a SpotOn Website, SpotOn Mobile or any other site associated with the Services.
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.
What SpotOn does about children visiting SpotOn
The SpotOn Website, SpotOn Mobile and the Services are not intended for children under the age of 13 and are not designed to attract anyone under the age of 13. Merchants who use SpotOn’s Services may sell goods or services for children that are intended to be purchased by adults. SpotOn will not knowingly collect Personally Identifiable Information from site visitors under the age of 13, and Merchants have agreed that they will not knowingly collect such information. SpotOn is not responsible for assuring that Merchants comply with that commitment.
SpotOn encourages 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 SpotOn with Personally Identifiable Information, and a parent or guardian of that child would like this information deleted from SpotOn’s records, such parent or guardian may contact SpotOn by going to the applicable SpotOn Website and clicking on the appropriate tab. SpotOn will then use reasonable efforts to delete the child’s information from our databases.
How public comments are handled