Privacy Policy

Last Revised: May 21, 2021

Here at Prizeout Corp. (“we”, “us”, “our”), we work hard to build and maintain a relationship of trust with you. This Privacy Policy (“Privacy Policy”) describes how we collect, use, and disclose information in connection with your access and use of all websites, applications and other online products and services provided by us that link to this Privacy Policy, including www.prizeout.com (and all related subdomains) (the “Site”) and related online and offline services thereto, including our widget accessible via external sites and any services, transactions, or engagement you might have with us (collectively, the “Services”). 

The Services allow consumers (“Consumers”) to withdraw funds that they have earned, won or are otherwise entitled to collect from companies with whom Prizeout has partnered (“Partners”), in the form of digital gift cards or other stored value mechanisms (“Gift Cards”) offered by a variety of retailers and brands (“Merchants”), and purchase, track, and maintain such Gift Cards. This Privacy Policy also applies to individuals who use the Services on behalf of a Partner or Merchant (“Partner or Merchant Users”) (collectively, with Consumers and visitors to the Site, “Users”).

Please carefully read this Privacy Policy, which is part of our Terms of Use, before using our Services. If you do not agree with the Terms of Use and/or this Privacy Policy, you must refrain from using our Services. By accessing or using our Services, you agree to our use of your information consistent with the Terms of Use and this Privacy Policy. Minors (those under the age of 18 years) are not eligible to use our Services.If you are a Partner or Merchant User accessing our Partner or Merchant portals (“Portals”) pursuant to an agreement between you and Prizeout (such as a Partner Agreement or Merchant Terms of Use), then your use of the Portals and Services is also governed by such agreement(s).

Please note that we process certain information on behalf of our Partners (“Partner Data”). If you have any questions about a Partner’s privacy practices, please contact the applicable Partner. For more information about who is the controller of data and under what circumstances, refer to the “Data Protection Rights, Information, and Choices” section below.

PRIVACY POLICY CHANGES

This Privacy Policy is subject to change. We reserve the right to update or modify this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We encourage you to review this Privacy Policy frequently for any revisions or amendments. Changes to this Privacy Policy will be made accessible through use of the Services with an updated “Last Revised” date. You will be deemed to have been made aware of and have accepted the changes by your continued use of our Services.

INFORMATION WE COLLECT

Information You Provide To Us

We collect information you choose to share with us, including information you enter through the Services. For example, if you are a Consumer or visitor to the Site, when you:

  • Create an account to use the Services or request further information about the Services, we may collect contact information (such as your name, email address, and phone number) and registration information (such as your username and password); 
  • Interact with the Services, we may collect information related to requesting, purchasing, and claiming a Gift Card (such as your contact information, location information, demographic information—including interests, gender, and year of birth—financial information, and authentication information) as well as other information you enter through the Services;
  • Contact us with questions or for customer service, we may collect contact information (such as your name, email address, and phone number) as well as any information you provide in connection with your outreach; and
  • Participate in promotions, events, surveys, and sweepstakes, we may collect basic contact information and any other information you provide in connection with these activities.

If you are a Partner or Merchant User, work for a potential partner or merchant business, or visit the Site, when you:

  • Create an account to use the Services or request further information about the Services, we may collect contact information (such as your name, email address, business address, and phone number), business information (such as job position, function, and title, and the size, location, and needs of your company), and registration information (such as your username and password); 
  • Interact with the Services, we may collect information related to creating Gift Card campaigns, verifying your account (such as contact information, business information, including government identifiers, and third-party authentication credentials), remitting and charging amounts owed (such as financial information, including bank account and ACH information), as well as other information you enter through the Services;
  • Contact us with questions or for customer service, we may collect contact information (such as your name, email address, and phone number) as well as any information you provide in connection with your outreach;
  • Participate in promotions, events, and surveys, we may collect basic contact information and any other information you provide in connection with these activities;

Information We Collect Through Automated Means

We may automatically collect, receive, and store certain information in connection with the actions you take on the Services and in connection with use of the Services (“Device and Usage Data”). As discussed further below in the “Cookies & Similar Technologies” section and the Cookie Policy, we and our service providers, may use a variety of technologies, including cookies, to assist in this information collection. For example, each time you use the Services, we automatically collect the type of web browser and operating system you use, the type of device you use, your IP address, Internet service provider, unique device identifiers, and other information in accordance with your device settings and permissions. We may also collect the pages you view, referring and exit pages, the date and time of your visit, the number of clicks to, from, and within the Services, time spent on each page, usage preferences, and search terms. We may also collect general location information (such as your city and state inferred from your IP address).

Information We Collect from Other Sources

When a Consumer uses the Services to view Gift Card options in contemplation of withdrawing funds from an account held with a Partner, the Partner may provide Prizeout with the Consumer’s contact information (such as name and email address), demographic information (such as gender and year of birth), location information and information about the Consumer’s account with the Partner (such as account balance).

We may collect information from other sources, such as payment service providers, Gift Card providers and merchants, analytics service providers, security service providers, survey providers. For example, we utilize certain analytics tools to improve the Services experience for Users, Partners, and Merchants. We may also receive information from Gift Card providers, Merchants, and service providers related to activities conducted on or through their sites and services, including past purchases and shopping activity. We may aggregate the characteristics and browsing habits of Users, on an anonymized basis, to provide products and services that are more tailored to our Merchants and Partners. We obtain contact and business information used to communicate with you about the Services from conferences, events, sales partners, and public records. 

HOW WE USE INFORMATION

We use your information to:

  • Provide you with the Services and information you request;
  • Manage, verify, and authenticate your account;
  • Display Gift Card purchase options, 
  • Engage in transactions, including contacting you about your account, billing, remitting, or charging you or your organization for Gift Cards or our Services, and processing payments;
  • Fulfill and deliver Gift Card orders;
  • Improve the Services, including customization and personalization;
  • Provide you with effective customer service;
  • Communicate with you about the Services and contact you with special offers, promotional information, content, publications, and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us) via mail, email, telephone, and/or text messaging; 
  • Analyze use of the Services and improve the content, functionality, and usability of the Services, enhance the User experience, and improve our business;
  • Invite you to participate in promotions, sweepstakes, surveys and provide feedback to us;
  • Secure the Services and investigate and help prevent fraud, security issues, and abuse;
  • Understand, detect, and resolve problems with the Services and other issues being reported; 
  • Comply with any procedures, laws, and regulations where necessary for our legitimate interests or legitimate interests of others;
  • Establish, exercise, or defend our legal rights where necessary for our legitimate interests or the legitimate interests of others, including the enforcement of our Terms of Use, other usage policies and agreements, and other legal terms or controls, or to engage in other legal matters; and
  • Fulfill other requests with your consent and for any other purposes disclosed at the time you provide personal information.

Combined information. 

For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

Aggregate/De-identified Information.

We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties in our discretion.

LEGAL BASES FOR USE OF YOUR INFORMATION

The laws of some jurisdictions, including the European Economic Area (“EEA”) and the United Kingdom (“UK”), require that companies only process your “Personal Data” (as that term is defined in the applicable law, like the EU General Data Protection Regulation) if they have a “legal basis” (or justifiable need) for processing your Personal Data. To the extent those laws apply, our legal bases for processing Personal Data are as follows: 

  • To perform our obligations pursuant to a contract (or pending contract) with you. For example, we will process your Personal Data to comply with our Terms of Use to enter into a contract with you, and to honor our commitments in any contracts that we have with you.
  • For our legitimate interests or the legitimate interests of others. For example, we will process your Personal Data to: operate our business and our Services; identify and fix any issues with our Services; secure the Services; learn more about how our customers use the Services; perform internal analytics; improve the Services and Users’ experiences; conduct marketing; provide you with certain information about new products, special offers or other information that we think you may find interesting using the email address which you have provided in accordance with applicable law; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud; engage in a business change (e.g., sale, merger); and to know the customer to whom we are providing Services.
  • To comply with our legal obligations, such as our obligation to share data with tax authorities. 
  • With your consent. Where we rely on this basis, you have the right to withdraw your consent at any time as described in the “Data Protection Rights, Information, and Choices” section below.

COOKIES & SIMILAR TECHNOLOGIES

As further described in our Cookie Policy, we and our service providers may use cookies (a small text file placed on your device to identify your device and browser) and similar tracking technologies when you use our Services, or if you engage with our email communications. For example, on our Merchant and Partner Portals, we and our service providers may use cookies to improve the experience of the applicable Services, such as keeping track of your activities on the applicable Site, recognizing return visitors, and analyzing our promotions and Site traffic. Learn more about your choices and ways to opt out in our Cookie Policy. Please note, however, that if you do not accept cookies, you may not be able to access all portions or features of our Services.

HOW WE SHARE INFORMATION

We will share your information collected from and about you in the following ways: 

  • Service Providers: We may provide access to or share your information with select third parties who perform services on our behalf, such as online hosting and maintenance, marketing and promotion design and management, management of e-commerce systems, payment processing, data storage and management, marketing and email delivery, analytics, customer service, security and fraud prevention, legal services, and identity and contact information validation.
  • Partners: We share information about Gift Card fulfillment relating to Consumers who withdraw funds from an account held with the Partner in order to facilitate the transaction and the Partner’s ability to provide support on customer transactions.
  • Merchants: We share de-identified transactional history with Merchants in relation to transactions which we have facilitated for them.
  • Business Transfers: As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third party, User information would likely be one of the transferred assets. If such transfer is subject to notifications or restrictions under applicable laws, we will comply with such requirements.
  • Comply with Laws and Protect Our Rights and the Rights of Others: We may disclose your information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of the Services; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property, or safety of our Users or others.

SECURITY

We recognize the importance of implementing a variety of security safeguards designed to protect the confidentiality of your information. However, no data transmission over the Internet or other network is completely secure. As a result, while we strive to protect information you transmitted on or through our Services, you do so at your own risk.

When you create an account, you may be prompted to create a username or password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password. We urge you to change your passwords often, use a combination of letters and numbers, and make sure you are using a secure browser. If you have reason to believe that your interaction with us is no longer secure or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the “Contact Us” section below.

THIRD PARTY LINKS AND FEATURES

Please be aware that third-party websites accessible or recommended through our Services may have their own privacy and data collection policies and practices. These links and features are provided for your reference and convenience only and do not imply any endorsement of information provided through these third-party links and features, nor any association with their operators. We are not responsible for any actions, content of websites, or privacy policies of such third parties. We urge you to read the privacy and security policies of these third parties.

HOW LONG WE RETAIN YOUR DATA

We will retain your information for as long as we have a business need for it or as needed to comply with applicable legal obligations. We also retain and use your information as necessary to resolve disputes, protect Prizeout, our Users, Partners, and Merchants, and enforce our agreements.

DATA PROTECTION RIGHTS, INFORMATION, AND CHOICES

You may have certain rights with respect to your personal information as further described in this section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.

Marketing Communications

You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information in the “Contact Us” section below. In commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

Additional Choices

You can also make certain choices by using the options described in our Cookie Policy.

Rights with Respect to Your Information

Depending on where you live, you may have certain rights with respect to your information. For example, under local laws, including in the EEA, UK, and Canada, you may have some or all the following rights:

  • The right to access personal information we hold about you.
  • The right to have any inaccurate personal information we hold about you corrected or updated.
  • The right to object to our processing of your personal information or prevent the processing of your personal information for direct-marketing purposes. 
  • The right to withdraw your consent at any time if and to the extent we are relying on consent as the basis for processing your personal information.
  • The right to restrict the use of your personal information.
  • The right to have the personal information we hold about you deleted in certain circumstances.
  • The right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, with certain exceptions.

To exercise your data protection rights or to receive more details in connection with them, you can submit requests via the applicable online forms accessible here, or by sending an email to [email protected] or to our EU or UK GDPR representative identified in the “Contact Us” section below. You may be required to provide additional information necessary to confirm your identity before we can respond to your request.

We will consider all such requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests, for example if we need to keep the information to comply with our own legal obligations or to establish, exercise, or defend legal claims. Your rights and our responses will vary based on your state or country of residency. Please note that you may be located in a jurisdiction where we are not obligated, or are unable, to fulfill a request. In such a case, your request may not be fulfilled. If you are a California resident, please see the “Privacy Information for California Residents” section below for information about your specific rights under California law.

If applicable, you may make a complaint to your local data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.

Identifying the Data Controller and Processor

Data protection laws in certain jurisdictions differentiate between the “controller” and “processor” of information. In general, the Partner is the controller of Partner Data. In general, Prizeout Corp. is the processor of Partner Data and the controller of information collected or maintained in relation to a User’s account, information pertaining to Partners, Merchants, and their personnel and accounts, Device and Usage Data (including, internet or other network or device activity, Services metadata, log data, location information), cookie information, and other information provided to Prizeout.

Privacy Information for California Residents

California Privacy Rights

Terms used in this section and not otherwise defined have the meaning given to them under the California Consumer Privacy Act (“CCPA”). 

California law requires us to provide some additional information regarding your rights with respect to your “personal information.” In many cases, if you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, unless certain exceptions apply, the CCPA allows you to request us to:

  • Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. 
  • Provide access to and/or a copy of certain personal information we hold about you.
  • Delete certain personal information we have about you.
  • Provide you with information about certain financial incentives that we offer to you, if any.

You also have certain rights under the CCPA not to be subject to certain negative consequences for exercising CCPA rights.

We reserve the right to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.

Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you or to comply with legal obligations, so we would need to either reject your request to delete the information or, if we are legally permitted to delete it, we would need to terminate our provision of the Services to you after deleting it. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use our web form or Contact Us at [email protected].

With regard to Partner Data, Consumers should direct requests to exercise applicable rights to the Partner on whose behalf we handle the data. If we receive a request from a User directly in relation to Partner Data, we will either alert you to redirect your request to the applicable Partner or refer that request to the appropriate Partner and await the Partner’s instructions on how to handle it.

Collection, Use, and Disclosure of Californian’s Personal Information

During the 12 months leading up to the effective date of this Privacy Policy, we collected (and continue to collect) all of the categories of information listed in the chart below and described in the “Information We Collect” section of our Privacy Policy. That section also explains the sources from which we collect information about you, including, for example, you, Partners, Gift Card providers, Merchants, service providers, analytics providers, cookies and tracking technologies, survey partners, and marketing partners.

The “How We Use Information” section of this Privacy Policy explains how and why we use your personal information. Generally speaking, we use your information to provide our Services, manage and verify your account, offer Gift Cards and fulfill and deliver Gift Card transactions, bill, remit, charge, and process payments, send communications, personalize the Services, provide customer service, analyze, research, develop, and improve the Services, enforce legal terms and defend our rights, investigate and prevent security issues, fraud, and abuse, comply with laws, and as described when collecting your information.

We share certain information as set forth in “How We Share Information” section and in the chart below, and we allow third parties to collect certain information about your activity, for example through cookies, as explained in the “Cookies & Similar Technologies” section and Cookie Policy.

California residents may opt out of the “sale” of their personal information. California law broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior for interest-based advertising or related purposes. It may also cover certain disclosures of personal information by Prizeout to other entities. Although Prizeout does not currently sell personal information in exchange for any monetary consideration, we may share personal information for other benefits that could be deemed a “sale” as defined by the CCPA. We also share certain information as set forth in “Cookies & Similar Technologies” section, the Cookie Policy, and in the chart below. For details on how to opt out of cookies, please see the Cookie Policy.

If you or your authorized agent would like to opt out of Prizeout’s use of your information for such purposes that are considered a “sale” under the CCPA, you may do so as outlined on the following page: Do Not Sell My Personal Information. Please note that we do not knowingly sell the personal information of minors under 16 years of age.

In the 12 months since the effective date of this Privacy Policy, we made the following disclosures of personal information about California residents:

Category of personal information collected by Prizeout 

Categories of third parties to which the information was disclosed for a business purpose

Identifiers, such as name, username, or other similar identifiers.

· Service providers who perform functions on our behalf, such as data storage and hosting providers, account verification providers, email and notification providers, network and system management providers, communication tools, IT support providers, CRM providers, payment providers (“Service Providers”) 

· Partners

· Data analytics providers

· Other individuals, services, and partners at your request or with your consent

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes 

Contact and account registration information, such as telephone number, email address, or other contact information.

· Service Providers 

· Partners

· Data analytics providers

· Other individuals, services, and partners at your request or with your consent

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes 

Demographic information, such as interests, gender, and year of birth.

· Service Providers 

· Data analytics providers

· Other individuals, services, and partners at your request or with your consent

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes

Customer service information, such as questions and other messages you address to us and summaries or voice recordings of your interactions with customer care.

· Service Providers 

· Data analytics providers

· Other individuals, services, and partners at your request or with your consent

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes 

Business and commercial information,such as position, title, business address, business email address, phone number, size, location, and needs of your company.

· Service Providers 

· Data analytics providers

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes

Inferences about your preferences and characteristics, such as your age, location, and interests.

· Service Providers 

· Data analytics providers

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes

Financial and transactional information, such as billing information, financial account information (including credit card, bank account, and ACH information), and information about your transactions, purchases, and shopping activity with us and others.

· Service Providers

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes

Device information and identifiers, such as IP address, browser type and language, operating system, platform type, device type, and software and hardware attribute.

· Service Providers 

· Data analytics providers

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes

Connection and usage data, such as landing pages, browsing activity, content or ads viewed and clicked, dates and times of access, pages viewed, time spent on each page, search terms, and information about network web traffic (including traffic from a specific user).

· Service Providers 

· Data analytics providers

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes 

Geolocation data, such as city, state, country, and ZIP code associated with your IP address.

· Service Providers 

· Data analytics providers

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes 

Information provided via research, surveys, sweepstakes, and/or other marketing research efforts

· Service Providers 

· Data analytics providers

· Other individuals, services, and partners at your request or with your consent

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes 

Other information, such as any other information you choose to directly provide to us in connection with your use of the Services.

· Service Providers 

· Data analytics providers

· Other individuals, services, and partners at your request or with your consent

· Entities involved in actual or potential significant corporate transactions

· Third parties for legal purposes


California “Shine the Light” Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes within the meaning of that law.

Privacy Rights for Nevada Residents

Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. We do not engage in such activity as of the effective date of this Privacy Policy.

INTERNATIONAL TRANSFERS

Your personal information may be transferred to, stored in, accessed from, or processed in the United States or other jurisdictions in which we or our service providers maintain facilities. You understand that these jurisdictions may have different data protection regimes than in the country in which you are located. 

Where legally required, we will use an adequate transfer method. For example, whenever we transfer your personal information from the EEA and UK to the United States, we use standard contractual clauses approved by the European Commission which give personal information the same protection it has in Europe. Where applicable, you are entitled, upon request, to receive a copy of the relevant safeguard (e.g., EC standard contractual clauses) that have been taken to protect personal information during such transfer. For a copy of the relevant safeguard please email us at [email protected].

CONTACT US

If you have any questions about our Services or this Privacy Policy, or to contact our data privacy officer, please email us at [email protected]

If you are in the EEA, you can alternatively contact our EU GDPR representative at:

[email protected]

MHC EU GDPR Representative

Mason Hayes and Curran Professional Services Limited

South Bank House

Barrow Street

Dublin 4

Ireland

If you are in the UK, you can alternatively contact our UK GDPR representative at:

[email protected]

MHC UK GDPR Representative

Mason Hayes and Curran LLP

1 Cornhill

London

EC3V 3ND

England

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