https://points4that.com/privacy-policy
Privacy Notice
We at Zappland Inc. (the “Company” or “us” or “we”) respect your privacy and are committed to taking reasonable steps towards protecting the privacy of data you provide us and managing your information responsibly. This Privacy Notice is intended to notify you of our privacy practices, the type of information that may be collected and stored, how the information is used, with whom the information may be shared, what choices are available to you regarding the collection, use and distribution of the information, what kind of security procedures are in place to protect the loss, misuse or alteration of information under our control, and who to contact with questions or concerns.
This Privacy Notice applies to all information and data you provide to us, including but not limited to that contained in, or in connection with, our website located at https://points4that.com/ (the “Website”) or our Points4That® mobile application (collectively with the Website, the “Platform” or “Points4That®”), or any information received by the Company through or by SMS, APIs, email and push notifications, other applications, buttons, and widgets or any other information you may voluntarily provide to us, such as via email or phone.
This Privacy Notice does not apply to other websites to which we may link, or to other companies or persons who might be listed as third-party contacts or vendors on the Platform, or to whom we may refer you if you contact us. We may post links on or through the Platform as a way of helping you locate related information and services easily. We may also post links to sponsors of certain information or materials. However, when linking to another website or application, you must review that website’s/application’s Privacy Notice/Policy because other websites and applications may not treat information collected online in the same manner as we do. We are not responsible for any information provided to or gathered from any such third-party website or application, nor any action or inaction by such website or application.
By contacting us, providing us with any information or data (including, but not limited to in connection with support or further contact via the Platform), using the Platform and/or by providing any personal information, you consent to the collection and use of information by us in accordance with this Privacy Notice. If we decide to change our Privacy Notice, we will post those changes on this page.
1. Why We Collect Information:
We collect personal information because it helps us provide the services we offer, including those through the Platform. Except as generally noted otherwise, we deem most of the personal information we collect from you as critical for us to provide the services we provide through the Platform. We also collect personal information to help us improve our services, including the information provided on the Platform. In addition, your personal information helps us communicate to you our latest opportunities, news, special offers, and information and events or technologies about which you might like to hear. We also may correlate the personal information obtained from you with information from other sources. For example, if you provide us with your personal information, we may cross-check or correlate that information against information that we obtain through other entities or sources.
2. What Information We Collect:
This section includes a general description of the type of information we may collect about you. As set forth herein, we collect information from you automatically, through third-parties, and through you voluntarily providing such information.
Information Collected Upon Registration: When you create or modify a Points4That® account, you provide us with your personal information, including your name, username, password, and email address. Some of this information, such as your name and username, is listed publicly on the Platform, including on your profile page and in search results. Some Services, such as search, public user profiles and viewing lists, may not require registration.
Even if you do not submit personal information through the Platform, we may gather navigational information about where visitors go on the Platform and information about the technical efficiencies of our Platform and services. This information allows us to see which areas of our Platform are most visited and helps us better understand the user experience. This data helps us improve the quality of the Platform by recognizing and delivering more of the features, areas, and services our visitors prefer. In this process of gathering information, we may collect personally identifiable and non-personally identifiable information (such as domain type, browser type and version, service provider and IP address, referring/exit pages, operating system, date/time stamp, and click-stream data). We may also create and use electronic records to compile statistics about how our visitors collectively interact with our Platform by collecting, aggregating, and using information from or about you such as data about the type of browser, phone and operating system used, which web or application pages you view, the time and duration of your visits to our Platform, any search queries on the Platform, whether you clicked on any items or links on the Platform (including to download an application), whether you have clicked on any links in any emails sent from us or third parties on our behalf, whether you have chosen to opt-out of certain services or information sharing, and whether you have viewed or used certain services or information, to improve our information and services.
3. How We Collect Information:
As described below and herein, we collect information in three (3) primary ways:
You Give Us Information: We collect information from you when you affirmatively provide it to us as outlined above or otherwise through the Platform. Such information may include your personal information provided when you open an account, or when you engage in a search query as described below.
We Collect Information Automatically: We automatically collect certain types of information when you use the Platform or use our services. For example, we automatically collect various types of technical information when you use the Platform such as log data as described below.
We Collect Information from Other Sources: We may obtain information about you from outside sources. For example, we may obtain commercially available information about you from third parties for advertising and marketing purposes.
Public Platform Information:
Our services are primarily designed to help you share information with other registered users on the Platform with whom you interact and connect on Points4That®. Your public user profile information and scores may only be visible to other registered users connected to your account. Registered users will only be able to see other users’ scores if both users keep at least one score with each other.
Content You Share:
In using the Platform, you may voluntarily share with us certain information through email or through the Platform directly which information may help us improve Points4That® and the services we provide, but which is not necessary for the use of the Services. Providing the additional information described in this section is entirely optional. We will endeavor to delete such information within 60 days of its non-use. For example, if you provided us with certain voluntary information to help us cross-post with another website or application, we would endeavor to delete such voluntarily provided information within 60 days of the satisfaction of the purpose for which it was provided.
In addition, you may be able to post or provide information “publicly” on the Platform. If you post any information on the Platform for other users to view, it will be deemed public information. Therefore, please do not post any personally identifiable information in any such public forum of the Platform. If you do post personally identifiable information, you do so at your own risk.
You may also be able to send certain content to other individuals using the Platform. To send information to others, we may request both your email address and theirs. We may retain the information you provide in connection with this feature.
Use of Web Beacons, Clear GIFs, Pixel Tags and JavaScript:
We also may use “pixel tags” (also called “action pixels,” “web beacons” or “clear gifs”) and/or JavaScript plug-ins, placed on the Platform and in our emails to you. These web beacons and plug-ins are small graphic images (typically that you cannot see) or code on a website or in an email message that are used, for example, to record web pages and advertisements clicked on by a user, or to track the performance of email marketing campaigns. These files help us analyze our users’ online behavior and measure the effectiveness of our Platform and our communications. We also work with third-party service providers that help us track, collect, and analyze this information. Third-party entities with whom we have agreements may place these files on the Platform and/or in e-mails to use information obtained from them such as pages viewed, e-mails opened, and items clicked on in e-mails. These third-party providers may also place cookies onto your computer. Those third-party cookies may enable us to obtain aggregate demographic information and user statistics about you and your preferences from these third-party sources as well as our information we have about you.
Search Queries:
We may provide you with options to search for information on the Platform, including in your efforts to contact a third party through the Platform. If you enter information in a search query box, we may store that information and we may aggregate that information with other information we may have about the browser and/or IP address from which the search query originated.
Location Information:
The Platform does not collect geo-location information or your location based on GPS, Wi-Fi triangulation or other technical measures.
Log Data:
Our servers automatically record information (“Log Data”) created by your use of the Platform. Log Data may include information such as your IP address, browser type, platform, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our services, interact with our email notifications, use your Points4That® account to authenticate to a third-party website or application, or visit a third-party website that includes a Points4That® button or widget. Points4That® uses Log Data to provide our Services and to measure, customize, and improve them. If not already done earlier, we will endeavor to either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after 2 months.
Third-Party Service Providers:
We use a variety of third-party services to help provide our services through the Platform, such as hosting our various blogs and wikis, and to help us understand the use of our services, such as Google Analytics. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address.
4. How We Use the Information We Collect:
We use the information we collect internally in our business for many business purposes, such as to: (i) determining the services you may need or seek; (ii) determining your creditworthiness; (iii) analyze trends and conduct research about improving our services; (iv) provide support and respond to questions from users and Platform visitors; (v) contact users for research, informational, and marketing purposes; (vi) track traffic patterns and Platform usage, including customizing our recommendations and promotions or services to you based upon your information (past and/or present); (vii) enable you to provide certain information to us online and to provide customer service in connection therewith; (viii) correlate information with other commercially available information to identify demographics and preferences to assist us in our marketing efforts; (ix) provide specific relevant marketing, promotional, or other information to you; (x) address information security and/or privacy practices control, network functioning, engineering, and troubleshooting issues; (xi) investigate claims and/or legal actions, violations of law or agreements, and compliance with relevant applicable laws, rules and regulations; (xii) comply with law, or based on our good-faith belief that it is necessary to conform or comply with the law, or otherwise to disclose information to prevent fraud and reduce credit risks, to cooperate with police and other governmental authorities, or to protect the rights of our users and visitors to the Platform or the public; and, (xiii) process or engage in a sale of all or part of our business, or if we go through a reorganization or merger.
We may also share personally identifiable information and non-personally identifiable information with our affiliates, licensees, and joint venture partners, as well as with other third-party service providers who help us provide services to or for the Company, which might include: companies performing credit checks, business entities that provide e-mail addresses, management and communication contact services, businesses which help us market as set forth above, network equipment and application management providers and hosting entities, credit and debit card payment gateways and processors and the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, entities that obtain information such as demographic information, that might be aggregated with other information we have about you, judicial, administrative and/or legal or financial accounting providers if information must be reviewed or released in response to civil or criminal investigations, claims, lawsuits, or if we are subject to judicial or administrative process (such as a subpoena) to release your information or to prosecute or defend legal actions, as we believe is necessary or appropriate to prevent physical harm or financial loss or in connection with any investigation of suspected or actual illegal activity, and with other service providers that may be involved in the other types of services and activities discussed in this Privacy Notice.
We may also use your personally identifiable information to contact you in ways other than e-mail or regular mail, such as via telephone contact, facsimile, or SMS/text, consistent with your disclosed communications preferences to the extent applicable.
5. Business Transfers
If the Company or any of its assets are acquired, or if the Company seeks to sell itself or its assets, or in the event that it goes out of business or enters bankruptcy, user information could be one of the assets that is transferred or acquired by a third party. Your user information may also be shared with prospective purchasers of the Company or of its assets in connection with any such possible sale or transfer, subject to appropriate confidentiality, as determined in the sole discretion of the Company, in connection therewith. You acknowledge that such transfers may occur, and consent to the use of your personal information by any acquirer or successor in accordance with this Privacy Notice.
6. Your Choices About the Information We Collect
If you do not consent to the ways in which we may use your personal information, please do not submit your personal information to us.
If you do not wish to receive emails containing information, special offers, or other promotions from us, please click the relevant unsubscribe link located in those emails. If you do not wish to receive other marketing materials from us or if you do not want us to share your personally identifiable information with other entities as stated in this Privacy Notice, please provide us with your exact name and address and advise us that you wish to opt-out from information sharing or receiving information, or both, as the case may be. Please direct your opt-out request to opt-out@points4that.com. However, if you email us, we may keep your message, email address and contact information to respond to your request. You may also use your account settings to unsubscribe from notifications from Points4That®.
7. Your California Privacy Rights
We collect various types of personal information about you during the course of your relationship with us as a customer. Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt out of our sharing your information with third parties with whom we do not share the same brand name, if the third party will use such information for its direct marketing purposes.
If you would like to exercise your rights under California law, please send your written request to the e-mail address or postal address below. Please include your postal address in your request. Within thirty (30) days of receiving your written request, we will provide you with a Third-Party Direct Marketing Opt-Out Form, so you may request that your personal information not be disclosed to third parties for their direct marketing purposes:
help@points4that.com
Zappland Inc.
B.O. Box 121
New York, NY 10002
8. Privacy of Children Who Use or Access the Platform
We recognize the importance of children’s safety and privacy. The Platform is not designed to attract children, and is not intended for use by any children under the age of 13. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), the Company does not request, or knowingly collect, any personally identifiable information from children under the age of 13. If we become aware of any mistaken or inadvertent collection of information from a child under the age of 13 through their misuse of our Platform, we will take all necessary measures to promptly delete such information from our records. We ask all parents and guardians to assist us in our efforts to comply with COPPA by prohibiting children under the age of 13 from providing the Company with any of their personal information or using the Application without parental oversight and assistance.
9. Visitors to the Website Outside of the United States
We do not target, and do not intend on targeting, individuals from or within the EU or EEA through the Platform. We also do not knowingly seek or obtain information from individuals from the EU or EEA. If you are an individual from the EU or EEA and the submission of any data from you, or your use of the Platform, will be subject to the General Data Protection Regulation (GDPR), you do not have permission to use the Platform.
If you are visiting the Platform from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from the Platform may be created on servers located in the United States, and all information you provide may be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be the same as those in your country. By using this Platform or submitting information to us, you specifically consent to the transfer of your information to the United States and to the facilities and servers we use, and to those with whom we may share your information.
10. Links
For your convenience, the Platform may contain links to other websites. We are not responsible for the privacy practices, advertising, products, services, or content of those websites. None of the links should be inferred to imply that we endorse or have any affiliation with the linked websites. We strongly recommend that you review the privacy policies and/or notices, and terms and conditions, of any website you visit, including those which may be linked to the Platform or provided in connection with any services we may provide.
11. Security
We believe in providing a safe and secure experience for all of our online visitors. To that end, we have implemented security measures to protect the information collected from you. We will also comply with all applicable laws, rules and regulations concerning protection of your personal information. We maintain reasonable physical and electronic safeguards designed to limit unauthorized access to your personally identifiable information and to protect you against the criminal misuse of that information.
While we use these security measures to protect your information, please note that no data transmitted over the Internet or stored and used for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that non-public information you share on the Platform or with us otherwise will not become publicly available.
12. Questions / Changes in Notice
If you have questions or concerns with respect to our Privacy Notice, you may contact us at. We may elect to change or amend our Privacy Notice; in such event, we will post the changes in our Privacy Notice on the Platform. If you are concerned about how your personal information is used, please visit our Website often for this and other important announcements and updates.
13. Limitation of Liability
All responsibility and liability for any damages caused by viruses contained within the Platform is disclaimed. IN NO EVENT SHALL THE COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF EQUITY, LAW, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION, CONTENT, DOCUMENTS, THE PROVISION OR FAILURE TO PROVIDE GOODS AND/OR SERVICES THROUGH THE PLATFORM, OR IN ANY WAY IN CONNECTION WITH INFORMATION OR DATA WE COLLECT FROM YOU PURSUANT TO THE TERMS SET FORTH IN THIS PRIVACY NOTICE. THE COMPANY’S AND ITS AFFILIATES’ TOTAL LIABILITY RELATED TO THE PLATFORM AND INFORMATION GATHERED BY IT AS SET FORTH IN THIS PRIVACY NOTICE SHALL NOT EXCEED $100 UNDER ANY CIRCUMSTANCES. THE DISCLAIMERS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS FO THE BARGAIN BETWEEN YOU AND THE COMPANY. THE PLATFORM, AND THE INFORMATION GATHERED BY THE PLATFORM AND OTHERWISE BY THE COMPANY RELATING TO YOU (INCLUDING YOUR PERSONAL INFORMATION AS SET FORTH HEREIN) WOULD NOT OTHERWISE BE PROVIDED TO YOU OR ACCEPTED FROM YOU WITHOUT SUCH LIMITATIONS. The limitations of liability set forth herein inure to the Company’s benefit and to the benefit of its affiliates, suppliers, contractors and licensors and to all of their respective officers, directors, owners, employees, attorneys and agents. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
14. Choice of Law and Venue
The terms of this Privacy Notice and your acceptance thereof (as set forth herein), and all information provided by you to the Company, shall be treated as though it is pursuant to an agreement executed and performed by all parties in the State of New York, and shall be governed exclusively and construed in accordance with the laws of the State of New York without regard to conflict of law principals. Any cause of action by you with respect to the Platform, this Privacy Notice, and/or in any way in connection with any personal information you have provided to us (and any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or otherwise be forever waived, barred and extinguished in its entirety. You expressly submit to the exclusive jurisdiction of the State Courts located in New York County, New York, and to the extent subject matter jurisdiction exists, the Federal Courts located in New York, New York in connection with any claim or cause of action of any kind which in any way relates to the Company, this Privacy Notice or any of the rights or obligations set forth or limited herein.
15. Class Action Waiver; Waiver of Jury Trial
YOU HEREBY WAIVE THE RIGHT TO LITIGATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS PRIVACY NOTICE.
