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Privacy Policy

Privacy Policy

Last Update: April 1, 2018

Effective Date: July 1, 2019 (view previous version)

This PRIVACY POLICY (the “Privacy Policy”) explains how Five Stars Loyalty, Inc. (“Fivestars”, “we”, “our” or “us”) collects, uses, shares, and protects the personal information of persons who interact with our website, fivestars.com (“Site”), mobile application (“App”), or platform (“Platform”) (the Site, App, and Platform shall collectively be the “Service”), and the transactional information of persons who make purchases from merchants that have subscribed to our Platform (“Rewards Providers”).

Even if you do not sign up as a customer of Fivestars, we may still collect, process, use, store, and share your transactional data in accordance with this Privacy Policy. By using the Service, you agree to the policies and practices described in this Privacy Policy and the Terms of Use. If you do not agree with our policies and practices, you may choose not to use the Service.

Fivestars may offer certain products and/or services for a fee or for evaluation purposes. In such situations, additional terms or requirements may apply to our collection and use of personal information, and if there is any conflict between such additional terms and this Privacy Policy, the additional terms will control.

  • INFORMATION WE COLLECT

When you interact with us through the Service, we may collect personal information from and about you. You may interact with us directly, such as when you sign up for a Fivestars account through the Site or App, as well as indirectly, such as when you sign up for a Fivestars account through our Platform operated by one of our Rewards Providers. When you make a purchase or otherwise interact with one of our Rewards Providers, we may also collect transactional information from you.

  • Information You Provide

We collect personal information from you when you voluntarily provide it, such as when you register for access to the Service and create an account, use certain aspects of the Service, contact us with inquiries or respond to one of our surveys. For example, we may collect your name, phone number, email address, photograph, birthdate, location information, Third-Party Service (defined below) login credentials, other information (such as your online activity) based on your registration and privacy settings on those Third-Party Services, and the messages you send or receive through the Service.

  • Information Automatically Collected

We collect transactional information automatically when you transact with one of our Rewards Providers. Transactional information may include details from your receipt (e.g., subtotal, total, and tip amount), payment card information (e.g., the last four digits of your payment card number and payment card expiration date), bill, and order ticket data (e.g., items purchased and their purchase price) from point of sale printers and devices (“Terminals”) used by Rewards Providers.

When you interact with the Service, we also may use various technologies, including cookies, web beacons, pixel tags, log files, local shared objects (Flash cookies), HTML5 cookies, or other tracking technologies, to automatically collect certain general user data and information, including aggregate measures of the Service’s use and aggregate technical and other data about your use of the Service that does not personally identify you. For example, we may track the total number of visitors or users of the Service, the number of visitors to each page of our Site or App, the domain names of our visitors’ Internet service providers, and how end user customers use and interact with the Service.

  • Tracking Options and California Do Not Track Disclosures

Our cookies and other tracking technologies help provide additional functionality to the Service and help us analyze Service usage more accurately. For instance, our Service may set a cookie on your browser that saves your login credentials. You can set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain Service features. Please refer to your web browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences.

To learn more about the use of cookies or other technologies to deliver more relevant advertising and to know your choices with respect to collection and use of the data by these third-party tools, you may visit the Network Advertising Initiative’s (NAI) opt-out page at http://www.networkadvertising.org/choices.

To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.

Our system may not respond to Do Not Track requests or headers from some or all browsers.

  • Combination of Information & Collected from Third-Party Services

We may combine the personal information we receive from or about you, including information you provide to us and information we automatically collect through the Service, as well as information across other computers or devices that you use, with information we collect or receive about you from other online and offline sources, or from other third party sources.
In addition, one of the special features of the Service is that it allows you to integrate various online third-party services, such as social media and social networking services (“Third-Party Services”), directly into your Fivestars experience. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third-Party Services. By enabling such Third-Party Services, you are allowing us to pass your Third-Party Service log-in information to these Third-Party Services for this purpose. When you add a Third-Party Service account to the Service, we will collect your Third-Party Service login information and other relevant information necessary to enable the Service to access that Third-Party Service and your data contained within that Third-Party Service. However, please remember that the Third-Party Services may use, store and disclose your personal information differently, as described in their policies, and Fivestars shall have no liability or responsibility for the privacy practices or other actions of any Third-Party Service.

  • INFORMATION USE

Fivestars uses the personal information you provide in a manner that is consistent with this Privacy Policy. If you provide information for a certain reason, we may use that information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the information you provide to answer your question or resolve your problem. Also, if you provide information to obtain access to the Fivestars Service, we will use your information to provide you with access to such services and to monitor your use of such services.
Fivestars uses transactional data to facilitate your transactions with Rewards Providers. If you are a Fivestars accountholder, transactional data will be used by Rewards Providers to automatically award you rewards points and/or to provide you with other offers that may be of interest to you. We may also remove your personal information from transactional data and aggregate it with other anonymous data, pool and/or combine aggregated data with other information, and share aggregated data with Rewards Providers, affiliates, service providers, agents and business partners. Fivestars may also disclose de-identified, aggregated data to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Fivestars and its subsidiaries and affiliates (the “Related Companies”) may use data collected automatically through your use of the Service to analyze, improve, support and operate the Service, to help us improve the content and functionality of the Service, to better understand our users, for distribution in general benchmarking data and industry and/or other usage and demographic reports, and other business purposes.
Fivestars may also use the personal information collected from and about you through the Service to improve the Fivestars Service. Fivestars and its Related Companies may use this information to contact you in the future to tell you about services we believe will be of interest to you. Fivestars may also use your information in other ways, with your consent or as disclosed to you at the time of collection.

By voluntarily providing us with personal information or by utilizing the Service, you are consenting to our use of your personal information in accordance with this Privacy Policy. You acknowledge and agree that such personal information may be transferred from your current location to the offices and servers of Fivestars and the authorized third parties referred to herein located in the United States.

By making a purchase at a Rewards Provider that uses Fivestars Terminals, your transactional information will be used in accordance with this Privacy Policy. Transactional data of Fivestars accountholders may be used to provide you with Fivestars rewards points and other offers from our Rewards Providers. Transactional data of non-accountholders will be collected, processed, used, stored and shared to facilitate the transaction and to fulfil any other lawful purpose.

  • INFORMATION DISCLOSURE

Fivestars is not in the business of selling your personal information, and has not sold personal information in the past 12 months. We consider personal information to be a vital part of our relationship with you.
There are, however, certain circumstances in which we may share your information with certain third parties without further notice to you, as set forth below:

  • Rewards Providerss\: To the extent you have obtained or redeemed a reward offered by a Rewards Provider, added a Rewards Provider as a membership to your account, made a purchase at or through a Rewards Provider, or otherwise participated in any other activity sponsored or offered on behalf of the Rewards Provider, we may provide your personal and transactional information to such Rewards Providers (a) for the Rewards Provider to redeem and validate your reward, send you customized offers, troubleshoot redemption, combat fraud and otherwise communicate with you; (b) as part of legal proceedings affecting Fivestars or the Rewards Provider; or (c) to send you marketing information or otherwise facilitate a direct relationship between the Rewards Provider and you.
  • Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your information may be part of the transferred assets. We will use reasonable efforts to try to require that the transferee use personal information collected through the Service or through Fivestars Terminals in a manner that is consistent with this Privacy Policy.
  • Related Companies: We may also share your personal information with our Related Companies, but will only do so in a manner that is consistent with this Privacy Policy.
  • Agents, Consultants and Service Providers: Fivestars, like many businesses, sometimes hires agents or service providers to perform certain business-related functions. Examples of such functions include maintaining databases, sending emails and SMS messages, offering and developing certain features of the Service, and performing maintenance and security. When we employ an agent or service provider to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
  • Other Third Parties: Fivestars may disclose automatically collected data, including card scans, promotional activities, redemption information, purchase and loyalty history, and other customer account information, with other companies or organizations outside of Fivestars (such as our Rewards Partners, third-party ad servers, and third-party advertisers[1] ) in connection with marketing, promotional, and other offers. These third parties may match this data with information that they have previously collected about you, and their use of data that they receive from Fivestars is subject to their respective privacy policies.
  • Your Public Profile: If you make any information available through your public profile, it will be made available to members of the Fivestars community. Please note that your first name and last initial and photo are, by default, available on your public profile, while your phone number, email, and birthday are kept nonpublic (consistent with this Privacy Policy). Please exercise caution when disclosing personal information in these public areas of the Service.
  • Legal Requirements: Fivestars may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or assist government enforcement agencies, (ii) protect and defend the rights or property of Fivestars, Rewards Providers, or our users, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, (iv) protect against legal liability; (v) protect Rewards Providers from fraudulent, abusive, or unlawful uses; or (vi) protect the security or integrity of the Service.
  • Aggregate or Anonymous Non-Personal Information: We may also share aggregate, anonymous, or de-identified non-personal information with third parties for their or our marketing or analytics uses, and as described in the “Information Use” section above.
    • YOUR CHOICES AND OPT-OUTS

    We do not share your personal information with other third-party organizations for their marketing or promotional uses except as described in the “Information Disclosure” section above, as part of a specific program or feature that includes the ability to opt out, or with your express consent.
    The Service will automatically send you SMS messages with updates and other information. You may stop receiving SMS messages by replying STOP or OFF in response to any received SMS message. You may also opt-out of receiving SMS messages on the Fivestars website. If you opt-out of receiving SMS messages, you may not be able to use certain Service. If you do not want to receive marketing emails from us, click the unsubscribe link in the footer of such emails.

    • YOUR CALIFORNIA PRIVACY RIGHTS

    If you are a California resident, you may request information about our collection, use, and disclosure of personal information, including disclosure to third parties or affiliated companies for their direct marketing purposes. To make such a request, please contact us at support@Fivestars.com and put the statement “Your California Privacy Rights” in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

    • EXCLUSIONS

    This Privacy Policy does not apply to any information other than information collected through the Service and/or from Fivestars Terminals at Rewards Providers. This Privacy Policy shall not apply to any unsolicited information you provide to Fivestars through the Service or any other means. This includes, but is not limited to, information posted to any public areas of the Service, such as public forums, any ideas for new products or modifications to existing products, and other unsolicited submissions. All such unsolicited information shall be deemed non-confidential, and Fivestars shall be free to reproduce, use, disclose, distribute and exploit it without limitation or attribution.

    • Children: Fivestars does not direct the Service to, nor does it not knowingly collect personal information from children under the age of 13. If we learn that a child under the age of 13 has provided personally identifiable information to Fivestars through the Service, we will endeavor to delete that information from our databases.
    • Links to Other Websites: This Privacy Policy applies only to the Service and to Fivestars Terminals at Rewards Providers. The Service may contain links to other websites not operated or controlled by Fivestars (the “Third-Party Sites”). The policies and procedures we describe here do not apply to the Third-Party Sites. The links do not imply that Fivestars endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
    • SECURITY

    Fivestars takes reasonable steps to protect the personal information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email, mobile or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you provide.

    • CHANGES TO THIS PRIVACY POLICY

    The Service and our business may change from time to time. As a result, it may be necessary for Fivestars to make changes to this Privacy Policy. Fivestars reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. If we change this Privacy Policy in a material way, we will provide appropriate notice to you. Please review this Privacy Policy periodically, and especially before you provide any information to us. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service after any changes or revisions to this Privacy Policy shall indicate your agreement to the terms of such revised Privacy Policy.

    • ACCESS TO INFORMATION; CONTACTING US

    You may request, by contacting us as specified below, that we disclose, update, correct, or delete certain personal information that we have collected through the Service. We will take reasonable steps to honor your request. You may also update, correct, or delete certain information associated with your account, and you are responsible for maintaining the accuracy of this information.

    Please also feel free to contact us if you have any questions about this Privacy Policy or the practices described therein. You may contact us at (860) 578-2770 or by sending us a message here.