Perkville Privacy Policy

Updated and Effective as of: June 12, 2018

This Privacy Policy explains how Perkville, Inc. (“Perkville”, “we”, “us”, “our”) collects, uses, and shares information and the options available to you. If you have any questions, you may contact us. See the “Contacting Us” section below. We may change this Privacy Policy from time to time. Please consult this Privacy Policy regularly for updates. See “Modifications to this Privacy Policy” below for more information. You acknowledge that you accept the practices described in this Privacy Policy by visiting Perkville and/or using our Services.

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers the information that we may collect or receive through all digital formats: (1) from users who: visit www.perkville.com and other websites owned and operated by us (including our client and user interfaces), use our software applications, use our social media pages such as Facebook and Twitter, and receive email messages from us (collectively, the “Perkville Pages”); and (2) through our technology and platform used by our business customers and third parties (collectively with the Perkville Pages, the “Services”).

This Privacy Policy does not cover, and we are not responsible for, the privacy, data or other practices of any third parties (except as required by applicable law), such as our business customers and any service providers. See “Third Parties” below for more information.

Choice and Opting Out: see “Choices” below for information about your choices regarding opting out of email marketing communications, opting out of Perkville’s cookies, opting out of interest-based advertising by third parties from cookies, and opting out of the use of precise location. For information on deactivating your Perkville account or your accounts with business customers via the Services, please see “Access and Rights regarding Personal Information.

Access and Rights: see “Access and Rights regarding Personal Information” below for information about how to review, correct, update, suppress, or delete the personal information that Perkville maintains about you and to exercise other data subject rights.

International Transfers: see “International Information Transfers” below for information on the transfer of your personal data.

COLLECTION OF INFORMATION

We, our business customers, and our third party service providers may collect personal information from you from the Services, including the following:

  • Name
  • Email address
  • Phone number
  • Perkville user identification account number
  • Business customer identification number
  • Your staff identification number at the business customer
  • Physical address
  • Facebook user ID
  • Twitter user ID
  • Your Facebook “check-ins” for rewards points through our Services
  • Your Tweets for rewards points through our Services

For example, we collect your personal information when you request information about the Services, you sign up to use the Services through our client login and user interfaces, you request access to our resources, when a friend or family member has referred you, or when a business customer has identified you as their customer. Some of this information is provided by you, and is optional. However, if you elect not to provide such information, you will not be able to access the information you had requested to access or use. You may also provide the names and emails of friends and family on the pages of the Service where you can refer people to our business customers. Referring friends and family is optional. In addition, some of the personal information may be provided by our business customers’ staff members when they sign up for our Service as a business customer. Please see “Access and Rights regarding Personal Information” to see more information about your rights regarding your personal information.

We, our business customers, and our third party service providers may also collect other information that is linked or reasonably linked to a particular computer or device. This information includes the following:

  • time spent on the Services and your activities on the Services, including pages visited, requested URL and referring URL, date and time on the Services, information about interactions with our emails, and other anonymous traffic-related data,
  • transaction-related data such as: date, time and location a transaction took place (e.g., when and where a class was attended), description and/or classification of the transaction (e.g., yoga class attended, gym check-ins, personal training sessions, referrals made, amount spent, etc.), quantity of items sold or services associated with the transaction, number of rewards points added or redeemed in connection with the transaction,
  • unique identification numbers, including IP address and your location derived from IP address,
  • demographic information (e.g., date of birth, gender) as provided by you or the business customer,
  • information provided by you,
  • information to enable and authorize your logging in to the Services,
  • browser information, including browser type and language,
  • device information, including screen dimensions, device brand and model, and mobile device identifier, and
  • aggregated information.

We, our business customers, and our third party service providers may collect this information in a variety of ways, including through: your browser or device; your mobile device identifier; your use of our Services; your IP address; the aggregation of information; and the use of cookies and other similar technologies (see Cookies and Similar Technologies below).

We also collect information from our business customers, including, but not limited to, the following data:

  • Business name
  • Business address
  • Phone number
  • Web address
  • Business categories
  • Business website
  • Facebook page
  • Twitter handle
  • Rewards progrma rules
  • Offers

We believe it is in the business customers' best interest to make this data as widely available as possible, so that they can get more exposure and customers. Consequently, we treat this information as public information and make it available to anyone on our site as well as make it available offsite to other companies such as search engines.

USE OF INFORMATION

We, our business customers, and our third-party service providers may use personal information (including, without limitation, name, phone number, email address, social media IDs and posts) collected from the Services:

  • to respond to your inquiries and fulfill your requests and process users’ accounts,
  • to send administrative information to you,
  • to track rewards in the rewards program of the Services and to reward the points,
  • to send you communications that we believe may be of interest to you, including any communications for marketing purposes related to the Services, and to give you rewards points on your birthday,
  • to contact friends and family members referred through our Services,
  • to allow business customers’ staff to log in and manage their business’ rewards program in our Services,
  • to allow our business customers to engage developers to retrieve data for business intelligence, reward redemption, and displaying reward program information in other applications,
  • for our business purposes, such as tracking conversion of prospective customers into actual customers, data analysis, fraud monitoring and prevention and security, developing new products, enhancing, improving or modifying our Services, identifying usage trends, and determining the effectiveness of our Services, and
  • as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations and the security of our Services; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

We, our business customers, and our third party service providers may use other information from the Services that is linked or reasonably linked to a particular computer or device:

  • to operate, improve, analyze and manage the Services,
  • to ensure the Services function properly,
  • to show you the closest establishment to redeem an offer that you are considering for redeeming your points,
  • to track your use of the Services to improve the design and functionality of the Services,
  • to measure and report on the success of marketing campaigns, including to track conversion of prospective customers to actual customers,
  • to diagnose server problems and administer the Services via your IP Address (a number automatically assigned to the computer or device that you are using by your internet service provider), and
  • as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations and the security of our Services; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

We may partner with certain third parties to collect other information to engage in analysis, research, and reporting of Service usage patterns. These third parties may also deliver advertising to you on other websites and applications, based on your activity on our website and other websites over time. These third parties may set and access cookies on your computer or other devices and may also use web logs or web beacons. See “Cookies and Similar Technologies” and see “Choices” to opt out of interest-based advertising by third parties from cookies.

We may combine information from the Services that is linked or reasonably linked to a particular computer or device with personal information. If we combine such information with personal information, the combined information will be treated by us as personal information as long as it is combined.

INFORMATION SHARING

Your personal information (including, without limitation, name, phone number, email address, social media IDs and posts) collected from the Services may be shared:

  • among our affiliates for the purposes described in this Privacy Policy (Perkville, Inc. is the party responsible for the management of the information jointly used by it and its affiliates),
  • with our business customers and their employees and services providers to use our Services and to analyze the effectiveness and performance of our Services,
  • with our third-party service providers who provide services such as email management, transaction management, campaign measurement, hosting and storage, web serving, performance tracking and reporting, technical services, marketing analytics and other services,
  • directly by you in your account and other services to which you are able to post information and materials yourself (including, without limitation, our and your social media pages),
  • with a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), and
  • as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations and the security of our Services; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

We and our third party service providers may share other information from the Services that is linked or reasonably linked to a particular computer or device:

  • among our affiliates for the purposes described in this Privacy Policy (Perkville Inc. is the party responsible for the management of the information jointly used by it and its affiliates),
  • with our business customers and their employees and services providers to use our Services and to analyze the effectiveness and performance of our Services,
  • with our third-party service providers who provide services such as email management, transaction management, campaign measurement, hosting and storage, web serving, performance tracking and reporting, technical services, marketing analytics and other services,
  • with a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), and
  • as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations and the security of our Services; (f) to protect our rights, privacy, safety or property, and/or that of you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

We may also share and disclose other information that we collect, including aggregate information such as total number of Perkville users and total number of Perkville business customers, as we consider necessary to develop, grow, and provide our Services.

We ask our service providers to confirm that their privacy and security practices are consistent with ours, we provide our service providers with only the information necessary for them to perform the services we request, and we ask our service providers not to use such information for any purpose other than as specified by Perkville.

Our third party service providers who provide usage analytics for our Services may also use your information to provide you with more personalized advertising content on other websites and applications. To opt out of interest-based advertising by third parties, see "Choices.”

Perkville may offer online resources that facilitate communications among the Perkville community and others. Whenever you voluntarily post information to any public forum offered by Perkville, such information along with your user name can be accessed by other users of the forum, including members of the public if the forum is open to the public.

COOKIES AND SIMILAR TECHNOLOGIES

We and our service providers use cookies in connection with our Services. A cookie is a small data file that is stored on your computer’s or mobile device's memory. Some cookies help you navigate our Services, including setting a cookie to remember your login details. Our cookies are linked to your login information so that you can use the Services on your device throughout the day without logging in each time you visit the Services. Cookies also help us better understand the effectiveness of our Services (for example, by tracking the way in which you respond to, select and interact with our Services and tracking the conversion of our prospective customers into actual customers). Other cookies collect information about how you use our Services, which highlights areas we can improve, including navigation. If you submit an inquiry through our Service and provide your name and email and similar information, that personal information will not be tied back to you for interest-based advertising purposes across websites and applications, however, you may receive email marketing communications from us, and you may received interest-based advertising from third parties based on cookies dropped on your device by our third party service providers. To opt out of marketing communications and interest-based advertising by third parties, see “Choices.”

We and our service providers may also use "pixel tags," "web beacons", "clear GIFs" or similar means (individually or collectively "Pixel Tags") to analyze usage patterns of consumers. A Pixel Tag is an electronic image, often a single pixel, which is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a web page or in a mobile application and may be associated with cookies on your hard drive. Some Pixel Tags are used to drop cookies on users’ devices. Pixel Tags allow us to count users who have visited certain websites and applications of our business customers, and pages within such websites and applications, and to help determine the effectiveness of marketing campaigns.

Third parties may use cookies or similar technologies on visitors of our Services to serve interest-based advertisements to such visitors when they visit other websites and mobile applications. Our business customers that participate in the Services may also utilize cookies or similar technologies to monitor the performance of their rewards program in our Services. The collection of information through cookies or similar technologies by such third parties will be governed by such third parties’ own privacy policies and principles, which Perkville does not control.

For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu. To read about your choices with regard to Perkville’s and third parties’ uses of cookies in our Services, please see “Choices.”

We do not track users when they cross to third party websites, and we do not provide targeted advertising to them, and therefore we do not respond to Do Not Track (DNT) signals.

LEGAL BASIS RELIED ON FOR PROCESSING PERSONAL INFORMATION OF EUROPEAN ECONOMIC AREA INDIVIDUALS

Perkville is a data processor with respect to personal data collected or received by us when we receive such information from: our business customers (the data controllers) that make their data available for use via our Services, or you after you have signed up for our Service via our business customers. Where we operate as a data processor, we are processing the data on behalf of our business customers (the data controller(s) of the data) based on their instructions, and it is the responsibility of the data controller to establish an appropriate legal basis for the processing of the data. For example, we may process data when the individual has consented to such processing. On certain occasions we may rely on another lawful basis as a basis for processing, such as when it is in our business customers’ and our legitimate interests to do so and when these interests are not overridden by the individual’s data protection rights. Those legitimate interests include performing our obligations with respect to providing the Services and improving our Services.

Perkville is a data controller with respect to any personal data collected or received by us when we receive personal information (such as name, phone number, and email address) through our Perkville Pages without being connected to any business customer. In this case, the data controller is Perkville, Inc. Where Perkville operates as a data controller, we rely on legitimate interests to process personal data to provide our Services. On certain occasions, we may also rely on the consent of the individual to process personal information (for example, in some jurisdictions, when the user inputs personal information into the Perkville Pages and consents to receive marketing communications). On other occasions, we may process personal information when we need to do this to fulfill a contract or where we are required to do so by law.

RETENTION

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law, or an individual requests deletion in accordance with applicable law. See “Access and Rights regarding Personal Information.”

CHOICES
Opting Out of Marketing

We give you choices regarding our use and disclosure of your personal information for marketing purposes.

You may opt-out from receiving electronic communications from us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing related emails by contacting us at privacy@perkville.com or by clicking on the opt-out link within the email message that you receive from us.

Please also note that if you do opt-out of receiving marketing-related emails from us, we may still be required to send you administrative messages relating to the Services from time to time.

Opting Out of Perkville’s cookies

You may disable cookies, including Perkville’s cookies, by modifying the settings in your browser. However, please note that if you delete or disable cookies, you will not be able to stay logged in to the Services to interact and earn rewards points and, as a result, the Services will no longer be available to you. Our cookie is required to provide our Services. Our cookies are linked to your login information so that you can use the Services on your device throughout the day without logging in each time you visit the Services.

Opting Out of Interest-Based Advertising by Third Parties from Cookies

Some third parties who use cookies when you visit our websites, have opt out mechanisms either directly from their website or through an industry-developed web page. If you go to optout.aboutads.info or www.aboutads.info/choices, you can learn how to exercise choice regarding the collection of information about your online activities over time and across multiple third-party websites, online services, devices, and applications for interest-based advertising purposes. When you opt out of receiving interest-based advertising from third parties, note that the opt out only applies to the applicable browser in which you set it.

For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu.

Third parties may also combine and use information from websites or applications on your current browser or device with information from your other browsers or devices for advertising purposes. To opt out of such practices, please follow the instructions above for opting out on each of your browsers, and also opt out on each of your mobile devices. Please note that you will need to opt out separately on (1) each of your browsers and (2) each of your mobile devices to ensure that information collected on a particular browser or device is not used on another browser or device.

Opting Out of Use of Precise Location

To disable the collection of precise location information from your mobile device through mobile applications, you can access your mobile device settings and choose to limit that collection.

  • Android: For Android 6.0 and above: you can modify privacy settings in Settings > Applications > App Permissions > Location and tap the on/off toggle switch next to Location for each app which has permission to use your location data. For earlier versions of Android: you can modify privacy settings in Settings > More > Permission and tap the on/off toggle switch next to Location to turn location functions off for your device. Alternatively, you may uninstall the relevant program(s).
  • iOS: In iOS you can modify privacy settings in Settings > Privacy. You can select location data from this list to see which apps have asked for permission to use your location data.
ACCESS AND RIGHTS REGARDING PERSONAL INFORMATION

If you reside outside the European Economic Area and Switzerland, and you would like to review, correct, update, suppress, or delete the personal information that Perkville maintains about you, or you would like to request a copy of your personal information held by us, you may contact us at privacy@perkville.com.

If you are a resident of the European Economic Area, including Switzerland, you have specific legal rights in regard to the handling of your information. You have the following rights with respect to your personal information:

  • The right to be informed,
  • The right of access,
  • The right to rectification,
  • The right to erasure,
  • The right to restrict processing,
  • The right to data portability,
  • The right to object,
  • The right to lodge a complaint with a supervisory authority, and
  • Rights in relation to automated decision making and profiling.

To exercise these rights as a resident of the European Economic Area, including Switzerland, email privacy@perkville.com.You may also go directly to the business customer and exercise these rights.

You may deactivate your account by changing your preferences in the user settings page of the Services. You may also disconnect or reconnect to each business customer via the user settings page of the Services.

To opt out of receiving marketing communications from us, please see “Choices.”

To opt out of Perkville’s cookies, please see “Choices.”

To opt out of interest-based advertising by third parties from cookies, please see “Choices.”

To opt out of the use of precise location, please see “Choices.”

THIRD PARTIES

This Privacy Policy does not cover, and we are not responsible for, the privacy, data or other practices of any third parties (except as required by applicable law), including any third parties operating any site or service to which our Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. These third parties are bound by their own privacy policies.

Except as required by applicable law, we are also not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of our business customers, service providers, app developers, app providers, ad servers, social media platform providers, operating system providers, wireless service providers or device manufacturers, including any personal information you disclose to other organizations through or in connection with the Services.

SENSITIVE INFORMATION

We ask that you not send us, and you not disclose to us, any sensitive information (e.g., social security numbers or other government identifiers, information related to racial or ethnic origin, political opinions, religion or other beliefs, medical or health conditions, criminal background, trade union membership, or sexual orientation) on or through the Services or otherwise to us, except where such information is legally required.

CHILDREN

Our Services are not intended for, nor directed to, individuals under the age of 13, and we request that these individuals, and any other individual considered a minor under applicable law, not provide personal information through any of our Services. If you become aware that your child has provided us with personal information without your consent, please contact us at privacy@perkville.com. If we become aware that a child under 13 (or under the legal age under applicable law) has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.

SECURITY

Information that we collect is stored using procedures and practices reasonably designed to help protect from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal information transmitted, stored or otherwise processed by us.

INTERNATIONAL INFORMATION TRANSFERS

Please be aware that the information we collect, may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. Please be advised that we process and store information in any country where we have facilities and/or employees, including the United States, or in which we engage service providers. Your consent to this Privacy Policy or your use of any of the Services or your submission of your information to us or any of our business customers, represents your consent to such transfer, storage and processing outside of your country of residence, including the United States, which may have different data protection rules than those of your country of residence.

EU-U.S. PRIVACY SHIELD AND SWISS-U.S. PRIVACY SHIELD
COMPLIANCE AND STATUS

If we transfer personal information from the European Economic Area (including Switzerland) to the United States, Perkville complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, as applicable, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Economic Area (including Switzerland) to the United States. Perkville has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

Perkville is accountable for information that it receives under the Privacy Shield and subsequently transfers to a third party. Perkville may transfer personal information collected from the Services as described above in this Privacy Policy. Perkville may also transfer other information which meet the definition of “personal data” in the Privacy Shield Framework to service providers and to its business customers as described above. If we share personal data of European Economic Area individuals (including Switzerland) with a third-party service provider that processes the data solely on Perkville’s behalf, then Perkville will be liable for that third party's processing of such data in violation of the Privacy Shield Principles, unless Perkville can prove that it is not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, Perkville commits to resolve complaints about our collection or use of your personal information of European Economic Area individuals (including Switzerland). Such individuals who have inquiries or complaints under the Privacy Shield Frameworks should first contact Perkville at privacy@perkville.com or:

Perkville, Inc.
Attn: Privacy
C/O Port Workspaces
344 Thomas L. Berkley Way
Oakland, CA 94612
USA

Perkville has further committed to refer unresolved Privacy Shield complaints to the ICDR (the international division of the American Arbitration Association), an international alternative dispute resolution provider. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact the ICDR or visit http://go.adr.org/privacyshield.html for more information or to file a complaint. The services of the ICDR are provided at no cost to you.

Under certain conditions, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

See https://www.privacyshield.gov/article?id=ANNEX-I-introduction for more information.

The Federal Trade Commission has jurisdiction over Perkville’s compliance with the Privacy Shield Framework.

MODIFICATIONS TO THIS PRIVACY POLICY

We reserve the right to make changes to our Privacy Policy. Please look at the date at the top of this page to see when this Privacy Policy was last revised. Where required by law, we will obtain your consent to make these changes.

CONTACTING US

For any questions about this Privacy Policy or Perkville’s privacy practices, please contact us by email at privacy@perkville.com, or by mail at:

Perkville, Inc.
Attn: Privacy
C/O Port Workspaces
344 Thomas L. Berkley Way
Oakland, CA 94612
USA