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Privacy Policy

Last Update: January 28, 2018

Effective Date: April 1, 2018 (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 information of persons who interact with our website, www.fivestars.com (“Site”), mobile application (“App”), or platforms (“Platform”) (the Site, App, and Platform shall collectively be the “Services) and/or make purchases from merchants that have purchased a subscription 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 data in accordance with this Privacy Policy. By using the Services, 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 Services.

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 information, and if there is any conflict between such additional terms and this Privacy Policy, the additional terms will control.

  1. INFORMATION WE COLLECT 

When you interact with us through the Services, we may collect 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 or otherwise interact with one of our Rewards Providers.

  • Information You Provide

We collect information from you when you voluntarily provide it, such as when you register for access to the Services and create an account, use certain Services, 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 name and online activity) based on your registration and privacy settings on those Third-Party Services, and the messages you send or receive through the Services.

We may also collect information related to your transaction at one of our Rewards Providers, including your receipt (which may include your subtotal, total, and tip amount), payment card slip (which may include the last five digits of your payment card and payment card expiration date), bill, and order ticket data (which may include the items purchased and their purchase price) from Windows point of sale (“POS”) printers and other POS devices used by Rewards Providers. The collection of this data allows Rewards Providers to automatically award you rewards points.

By voluntarily providing us with information or making a purchase at a Rewards Provider that uses POS devices, you are consenting to our use of it in accordance with this Privacy Policy. If you provide information, you acknowledge and agree that such 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. 

  • Information Automatically Collected

When you interact with the Services, 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 Services’ use and aggregate technical and other data about your use of the Services that does not personally identify you.

Fivestars may use this data to analyze, improve, support and operate the Services, for distribution in general benchmarking data and industry and/or other usage and demographic reports, and other business purposes. For example, we may track the total number of visitors or users of the Services, 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 Services.

We may also remove your personal information from POS device data and aggregate it with other anonymous data, pool and/or combine aggregated data with other information, and share aggregated data with Rewards Providers, its affiliates, service providers, agents and business partners. Fivestars may also disclose aggregated data to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

  • Tracking Options and California Do Not Track Disclosures

Our cookies and other tracking technologies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Services 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 information we receive from or about you, including information you provide to us and information we automatically collect through the Services, 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 Services is that they allow 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 log-in information to these services for this purpose. When you add a Third-Party Service account to the Services, we will collect your login information and other relevant information necessary to enable the Services 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 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.

  1. INFORMATION USE

Fivestars uses the 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 Services, we will use your information to provide you with access to such services and to monitor your use of such services.

Fivestars and its subsidiaries and affiliates (the “Related Companies”) may also use the information collected from and about you through the Services to help us improve the content and functionality of the Services, to better understand our users, and to improve the Fivestars Services. 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.

  1. INFORMATION DISCLOSURE

Fivestars is not in the business of selling your personal information. 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 Providers: 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 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 information provided through the Services in a manner that is consistent with this Privacy Policy
  • Related Companies: We may also share your information with our Related Companies, but will only do so in a manner that is consistent with this Privacy Policy.
  • Agents, Consultants and Related Third Parties: 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 Services, 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. We also disclose automatically collected data (card scans, promotional activities, and redemption information) to our Rewards Providers, third-party ad servers, and third-party advertisers. These third parties may match this data with information that they have previously collected about you under their own 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 Services.
  • 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 Services 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 Services.
  1. YOUR CHOICES AND OPT-OUTS

We do not share your personal information with other third-party organizations for their marketing or promotional uses without your consent except as part of a specific program or feature for which we will provide the ability to opt out. The Services 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 Services. If you do not want to receive marketing emails from us, click the unsubscribe link in the footer of such emails.

  1. YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may request information about our disclosure of personal information 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.

  1. EXCLUSIONS

This Privacy Policy does not apply to any information other than information collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Fivestars through the Services or any other means. This includes, but is not limited to, information posted to any public areas of the Services, 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 Services 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 Services, we will endeavor to delete that information from our databases.
  • Links to Other Website: This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by Fivestars (the “Third-Party Sites”). The policies and procedures we described 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.
  1. SECURITY

Fivestars takes reasonable steps to protect the information provided via the Services 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.

  1. CHANGES TO THIS PRIVACY POLICY

The Services 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 Services after any changes or revisions to this Privacy Policy shall indicate your agreement to the terms of such revised Privacy Policy.

  1. ACCESS TO INFORMATION; CONTACTING US

You may request, by contacting us as specified below, that we update or correct certain information that you have provided to us through the Services. We will take reasonable steps to honor your request. You may also update or correct 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 here.