USER OBLIGATIONS AND RESPONSIBILITIES
You are responsible for your account. If you register for an account with us, you must provide us with current, complete, and accurate registration information. You may be asked to choose a password and a user name. You are responsible for maintaining the currency, completeness, and accuracy of your registration data and the confidentiality of your user name, password and other account information. You are responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of your failure to comply with these requirements or someone else using your password or account, either with or without your knowledge.
You agree to use the Services only as permitted. Copying, scanning, selling, transferring, auctioning, reposting and any other unauthorized duplication or distribution of a Promotion is not permitted. For clarity, this includes sales and transfers of Promotions in any form, including as PDFs, digitally or printed coupons via sites such as Instagram, eBay and Facebook and applies whether or not you charge a fee for the Promotions, charge for "your time or effort" or request a donation. Further, you agree to (i) not use multiple IP addresses, servers or email addresses to access additional Promotions for yourself or others, and (iii) not use any device, technology or other method to bypass print limits set for each Promotion. In addition to these restrictions, each Promotion has its own prohibitions with which you agree to comply.
You agree not to engage or attempt to engage in potentially harmful acts directed against our Services, Promotions or customers.
- Violating or attempting to violate any security feature of the Services, including print limits;
- Interfering or attempting to interfere with the use of our Promotions, Services or network or systems, including by spamming or introducing a virus or other malicious code;
- Tampering with or modifying in any manner with (including functionality, operation, or security) the Services or any Promotion;
- Engaging in "mirroring," "framing" or otherwise simulating the appearance or function of the Services or any Promotion; and
- Hyperlinking to a Promotion or the Services from any other website without our prior written consent.
We own what is on our Services. All content and materials on or related to our Promotions and Services, including, but not limited to, trade names, logos, trademarks, service marks, trade dress, copyrights, software, images, audio, video, photographs, forms, data, text, graphics, icons, and other information and material ("Service Content") are our property or the property of our customers, vendors, partners or licensors, and is protected by copyrights, trademarks, trade secrets, patents and/or other intellectual property rights. All Service Content is copyright protected as individual works and as a collective work under copyright laws and pursuant to international treaties. We own a copyright in the arrangement, selection, coordination and enhancement of the Service Content. You understand and agree that these rights are valid and protected in all media, forms and technologies existing now or hereinafter developed. You further acknowledge and agree that we own and shall retain all right, title and interest in the (a) Service Content, (b) bar codes, designs, ideas, processes, methodologies, forms and formats, materials, software, Internet domain names, arrangement of content, distinctive and original layout and presentation on or related to the Promotions or Services, and (c) derivative works or enhancements to any of the foregoing.
You agree to certain limitations on your use of our Services. You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Service Content, Promotions, Services or information obtained from or through the Services, in whole or in part, without our express written permission or as expressly authorized on the Services.
WARRANTIES, DISCLAIMERS, INDEMNIFICATION AND RELEASE
THE PROMOTIONS AND SERVICES (INCLUDING ALL SOFTWARE ACCESSIBLE THEREFROM) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT THE PROMOTIONS OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
YOU ACKNOWLEDGE AND AGREE THAT WITH RESPECT TO THE SERVICES AND ALL THIRD PARTY TOOLS, CONTENT, SOFTWARE AND SERVICES ACCESSIBLE THEREFROM ("THIRD PARTY CONTENT"), WE SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE TO ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE PROMOTIONS, THE SERVICES, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING ALL THIRD PARTY CONTENT. YOU AGREE THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR INTERNET ACCESS, COMPUTER FUNCTIONALITY, DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD, ACCESS OR USE. WE ALSO SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, SYSTEMS OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PROMOTIONS OR SERVICES, INCLUDING ANY THIRD PARTY CONTENT.
In no event shall we, our affiliates, clients, vendors, partners, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Services, the Service Contents, or the Promotions, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, performance or non-performance of the Services; (iii) unauthorized access to or tampering with the Services and Promotions, including your personal information or transmissions; (iv) the provision or failure to provide any Service; (v) errors or inaccuracies contained on this Service; (vi) any transactions entered into through this Services; (vii) any property damage including damage to your computer system caused by viruses or other harmful components, during or on account of access to or use of the Services or any site to or from which it hyperlinks or any or Third Party Content; or (viii) damages otherwise arising out of the use of the Services or Third Party Content. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any third party has been advised of the possibility of damage.
You agree to indemnify, defend and hold harmless us, our agents, clients, vendors, partners licensors and affiliates, and their respective officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys fees, resulting from your breach of any provision of this Agreement, or otherwise arising in any way out of your use of the Services or the Promotions. You agree to cooperate fully with us in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THIRD PARTY SITES AND VENDORS
The products advertised through Promotions are offered by third parties, not us. The purchase, use of and all other matters concerning the products are solely between you and such businesses. We do not endorse, warrant or guarantee such products, and are not responsible nor liable for the accuracy, completeness or usefulness of Service Content related to such products.
We have no responsibility for the content of the linked site(s) or Third Party Content. The Services may also include links to other sites and or Third Party Content. We do not endorse or make any representations or warranties regarding the site(s) or Third Party Content.
When you use a third party service available on or through the Services, you agree to the third partys terms and conditions. We or our customers may use, partner with or allow third party email, loyalty card, receipt upload, printing, SMS or other vendors to access, distribute, activate or redeem the Promotions and Services. You are responsible for reviewing and understanding the privacy and other policies of the applicable third parties. You understand that SMS Promotions may be subject to standard data and other fees from your mobile or SMS provider.
You agree to binding arbitration and waive rights to participate in a class action. Any dispute relating in any way to your use of the Promotions and Services shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against us.
QUESTIONS AND CONTACT INFORMATION
OnCard Marketing, Inc.
132 West 31st Street, Suite 702
New York, NY 10001
Attn: Legal Dept. Privacy Officer or firstname.lastname@example.org
Last Modified: 03/02/17
Should you have any questions or concerns regarding this Privacy Notice, please contact us at email@example.com or contact us in writing at:
132 West 31st Street, Suite 702
New York, NY 10001
Attn: Legal Dept - Privacy Officer
Click on one of the links below to jump to the listed section:
- Information We Collect
- How We Use Information
- Sharing of Information
- Other Sites
- Protecting Your Information
- Your Privacy Choices; Access
- Interest Based Advertising; Opt-Out
- Children's Privacy
- California Do Not Track Disclosures
- Your California Privacy Rights
- Note for International Users
Information You Provide
We may request or collect information in many ways, including when: (a) you register for Services; (b) you request a promotion or other Services that requires you to enter information such as a mobile phone number, loyalty identifier or email address; (c) you participate in a social sharing promotion or survey; (d) you submit questions or requests to our customer service and other contacts; (e) you interact with our Services via a social networking platform; (g) you post content to our Services; (g) you enter a contest or sweepstakes; (h) you participate in a receipt upload, loyalty card, or other incentive program; or (i) you use other features of the Services.
Information We Collect Automatically
Whenever you use or interact with the Services, we use technologies that automatically or passively collect information about how the Services are accessed and used ('Usage Information'). Usage Information helps us keep the Services up to date and allows us to tailor our content to your interests, among other things. Usage Information may include: promotion views, activations and interactions, which brands and types of promotions you have engaged with, number of times you have used the Services, the website that referred you to us and any other information passed in the referral header URL such as search terms you used, the web pages you viewed on the Services, cookies, IP address or other unique identifiers, browser information, operating system, mobile device identifiers, information about use of mobile applications, the geographic location of a device and the dates and times that you used the Services. User Information may be associated with Personal Information or an anonymous identifier.
Information Collected from Third Parties
Information Collected Through Tracking Technologies
Cookies and Flash Cookies - Cookies and Flash Cookies are small data files (text or alphanumeric strings) placed on a computer, mobile device, browser, application, technology or other device when the Services are accessed to collect and store certain information about your interactions. Cookies also allow us to provide you with additional promotions that are most likely to appeal to you based on your use of the Services. We may use session cookies and persistent cookies. Persistent cookies remain after you close your browser. To personalize your experience, Services may utilize third-party technologies, such as plug-ins, that use local shared objects, also known as Flash Cookies or HTML5, to store information, including your preferences or to display customized content based upon what you view on our Services, including certain types of advertising. Flash Cookies are different from browser cookies because of the amount of, type of, and how data is stored. You always have the option to disable browser cookies using standard methods for your browser.Cookie management tools provided by your browser may not remove Flash Cookies. To learn how to disable and manage cookies and Flash Cookies, please click here. Please be aware that disabling these functions may negatively impact your use and enjoyment of the Services, including preventing you from viewing or activating a promotion.
Unique Identifiers - A Unique Identifier is a number that is automatically assigned to your interaction with the Services when you access a web site or its servers. Our systems may identify your interaction by a Unique Identifier. A Unique Identifier may be associated with your IP address, device ID or other unique identifier. A Unique Identifier may be used and identify your interactions across channels, devices and/or brands.
Executable File - An Executable File is a downloadable software application file that contains instructions that perform tasks on a computer. We may use an Executable File to control the activation of a promotion.
Java Applet - A Java Applet is a downloadable software file that contains instructions that perform tasks on a computer initiated by your web browser. We may use a Java Applet to control the print limits of a promotion.
Third Party Persistent Cookie - Analytics
We may use proprietary and third party tracking analytics and tools to better understand how the Services are used and by whom. One service provider, Google Analytics, places persistent cookies on your computer to analyze your behavior on your visit to this website as well as on other websites, enabling us to improve your experience on the Services. To opt out of the Google Analytics collection of information, use this link: https://tools.google.com/dlpage/gaoptout.
We may combine data we collect from different sources, including information obtained from third parties, across Services and devices. We may use information collected to provide you with a personalized experience on the Services, such as providing you with coupons or other offers based on your interests and using information from your past usage of the Services in order to present or send you notifications of new offers that may be relevant to you.
5. Sharing of Information
Except as described here, we will not provide any of your Personal Information to any third parties without your consent. We may share non-Personal Information, such as aggregate data, anonymous identifiers, Usage Information, age, gender, zip code, marital status and similar information with third parties. We may share your feedback and comments on our Services with third parties. We may also share your information as follows:
Third Parties: We may share your information, including Personal Information, with third parties that sponsor or participate in promotions through our Services, or that perform functions on our behalf, such as service providers that host or operate our Services, analyze data, administer our promotions, email, text, survey, sweepstakes and other Services, provide customer service, make various features, content and rewards available to you on or through the Services, such as load to card and receipt upload, or respond to your inquiries. These parties will be authorized to use the information in accordance with the terms of their participation in the Services, but they may also combine information we provide with information they have about you. For example, a reward program provider will receive the information necessary to verify your participation and apply your reward. We may also share the non-Personal Information we collect through the Services with partners such as advertisers, agencies, ad networks, data management platforms or exchanges to enable them to analyze user behaviors or to customize the ads that you encounter. We may also share information with third parties to obtain associated information, including cookies and other identifiers, and for advertising and marketing, including targeting advertisements on the Services or third party websites. To learn about targeted advertising, click here and to opt-out of certain advertising, click here.
Business Transfers: We may share your Personal Information with other entities and our affiliates primarily for business and operational purposes. In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, we reserve the right to sell or transfer your information as part of that transaction.
The Services may contain links to and cookies, pixels and web beacons from other sites that we do not own or operate, including from clients, advertisers or partners. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services, privacy policies or practices. These other sites may send their own cookies to you, independently collect data or solicit Personal Information and have their own privacy policies.
We use various physical, administrative and technical security measures to help protect your Personal Information. No data transmission over the Internet or any wireless network, nor any data storage can be guaranteed to be 100% secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, nor do we warrant the security of any information you transmit to us, and you do so at your own risk.
Keeping Personal Information about you current helps ensure that we offer you the best promotions available through our clients and partners. You can access, update and delete the information you provided in your SaveInStore® account by logging in and going to your My Account page, using the applicable features in other Services or contacting us at firstname.lastname@example.org. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you the Services or longer as permitted by law. We may also retain and use copies of your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
To opt out of certain interest-based behaviorally targeted promotions and advertising for this browser served by us or on our behalf, click here.
Please also note that the opt-out mechanism above must be selected for each browser you use. Also, if you delete the cookies in your browser your advertising preferences will be reset for that browser and you will need to opt out again.
For more information about cookies and interest-based advertising, see information from the Digital Advertising Alliance and Network Advertising Initiative. You can also visit Facebook's ad preferences tool. You can learn about your choices to opt out of mobile app tracking through your device settings and by resetting your advertiser ID on your Apple or Android devices.
The Sites and the Services are not directed to children under 13. However, protecting the privacy of young children is especially important to us. As such, we do not knowingly collect, maintain or use information from anyone under 13 years of age. If we learn Personal Information of persons under 13 years of age has been collected by the Services, we will take the necessary steps to delete the information. If you are under 13 years of age, use or access of the Services at any time or in any manner is strictly prohibited.
We may collect information about users over time and across different websites when you use the Services. There may also be third parties that collect information this way. The Services do not currently respond to "Do Not Track" browser signals or mechanisms. However, other settings within your browser may permit you to block cookies or use other technologies that enable websites to collect information that can be used to tailor advertisements to your interest. We offer an opt-out from interest-based behavioral advertising through our Services here..
If you are a California resident, under California's "Shine the Light" law you may have the right to request and receive certain information about our disclosure of your Personal Information to third parties for their own marketing use, and your choices with respect to such disclosures once per year. If applicable, this information would include the types of customer information and the businesses with which we shared your customer information for the prior calendar year. If you are a California resident and would like to request a copy of this information, please submit a request to us at the address provided in the Overview section above to the attention of "Legal Department." In your request, please specify that you want a "Your California Privacy Rights Notice." Please allow 30 days for a response.
Although the Services may be accessed from any country via the Internet, www.SaveInStore.com and all content and related Services is only directed to U.S. citizens residing in the U.S. Other Sites and Services may have content directed to both U.S. and Canadian citizens dwelling in those countries.