Last updated: May 1, 2019
To the extent we provide you notice on our Service of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.
Your Choices and Your CA Privacy Rights
You have certain choices regarding information collection and communications options explained here, including:
- California residents have certain privacy rights detailed here;
- Although tökr does not look for or respond to "do not track" signals, you can find information on tracking technologies here and certain choice options regarding Tracking Technologies here;
- Your options regarding accessing and changing certain of your Personal Information are available here;
- Your options regarding promotional communications are explained here; and
- Children’s and minors’ privacy rights, and notice to parents of these rights, are explained here.
Collection of Information
- tökr may ask you to provide Personal Information (e.g., name, address, e-mail, phone number, etc.), as well as other information (e.g., gender, interests, etc.), which may be required to access certain content, features, and functionality. More
- tökr and third parties may collect information from you automatically as you access the Service (e.g., information about the devices you use to access the Service and your usage activities). More
- This may include use of log information, cookies and other technologies to keep track of your interactions with the Service, and to serve you with ads on third-party services, to offer you a more personalized and relevant experience. More
- This may also include use of location-identifying technologies to verify your location and deliver or restrict content based on that location. More
- The information tökr receives via the Service may be combined with information tökr receives from third parties and sources outside of the Service. More
- tökr’s policies and practices regarding Personal Information collected from children are explained here.
Use of Information
Sharing of Information
- tökr may share Personal information with third parties [and tökr’s affiliates] for their own direct marketing purposes unless you opt-out from sharing this information (More).
- tökr may share your non-Personal Information, aggregate and/or de-identified information about you except as prohibited by applicable law.
Questions and How to Contact tökr
1. Information We Collect
- (a) Information About You That You Provide: tökr, and/or its Service Providers (defined below), may collect information you provide directly to tökr and/or its Service Providers via the Service. For example, tökr collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact with tökr through the Service. In addition, when you interact with third-party services, you may be able to provide information to those third parties. For more information on third-party services’ data collection and practices, see "Third-Party Content and Services" at Section 1(d). For more information on Service Provider data collection and practices, see "Information Collected Automatically" at Section 1(b).
- Information Collected Automatically: tökr, its Service Providers, and/or Associated Third-Party Services may also automatically collect certain information about you when you access or use the Service ("Usage Information"). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of tökr with tökr-Collected PI, tökr does not consider Usage Information (including, without limitation, unique identifiers) to be Personal Information or tökr-Collected PI. For more information on Associated Third-Party Services’ data collection and practices, see "Third-Party Content and Services" at Section 1(d). For more information on Service Provider data collection and practices, see "Information We Share With Third Parties" at Section 3. For information on choices some third parties may offer you regarding automated data collection, see "Choices: Tracking and Communications Options" at Section 7.
The methods that may be used on the Service to collect Usage Information include:
- Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
- Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as "tracking pixels"), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, deal codes, in-app tracking methods and other tracking technologies now and hereafter developed ("Tracking Technologies") may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
- Cookies: A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML 5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your computer and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The Service may associate some or all of these types of cookies with your devices.
- Web Beacons ("Tracking Pixels"): Web beacons are small graphic images, also known as "Internet tags" or "clear gifs," embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
- Embedded Scripts: An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from tökr’s web server, or from a third-party with which tökr works, and is active only while you are connected to the Service, and deleted or deactivated thereafter.
- Location-identifying Technologies: GPS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting content based on your location. This may include identifying when you visit a participating retailer that has provided offers via the Service, and may be tied to Deal Codes and "Ad IDs."
- Fingerprinting: Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
- Device Recognition Technologies: Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household).
- Deal Codes: We may assign a unique identifier to offers you receive via the Service so that we can track your redemption of those offers with participating retailers, and receive back data from the retailer regarding your associated purchases. This helps us, among other things, provide you with more relevant deals. These codes may be, or may include or be associated with, unique identifiers related to your device such as IP Address or "Ad IDs" (e.g., iOS IDFA and Android Ad ID).
- In-App Tracking Methods: There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as "Ad IDs" to associate app user activity to a particular app and to track user activity across apps.
tökr is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 7 so that your consent to encountering them is meaningfully informed.
- Third-Party Content and Services: The Service may include functionality that allows certain kinds of interactions between the Service and a third-party web site, platform, tool, application or other service, and accessing or display of third-party content via the Service ("Associated Third-Party Services"). The use of Associated Third-Party Services may involve the third-party operator thereof ("Third-Party Operator") providing certain information, including Personal Information, to us. For example, when you register with the Service, you may have an option to use your Facebook, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Service, or otherwise link accounts. In addition, you may be able to access our Service, your Account and/or Service content via a third-party platform, site, app or other service, and those Third-Party Operators may collect Personal Information and other data about you in connection therewith, and may provide some or all of it to us.
When you use Associated Third-Party Services, you are using their services and not our Service and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such Associated Third-Party Services in connection with our Service. For more information on third-party services and the policies and activities of Third-Party Operators, see "Third-Party Content and Services" at Section 1(d), and Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics" at Section 6.
- Information You Provide About a Third-Party: You may be able send someone else a communication from the Service, such as sending an invitation to a friend. You may only use these tools to contact people that you know and have permission to contact in this manner for such purposes, and if you contact them via a third-party service, you must comply with such services’ rules for contacting its users. The information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your contact information, name or user name and message may be included in the communication sent to your addressee(s). Some of these tools may be Associated Third-Party Services subject to third-party privacy policies.
2. How We Use the Information We Obtain
- Advertising, Content Management and Location-Based Services: We may also use your Personal Information, Demographic Information or Usage Information that we collect about you: (1) to specifically target relevant advertisements, offers or content to you, including making recommendations based on your activities; (2) to restrict access to certain content (e.g., to enforce territory restrictions); (3) to understand the usefulness and effectiveness of the advertisements, offers or content that have been delivered to you; and (4) when you comment to or add content to the Service. For more on advertising, see "Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics" at Section 6. Further, we may use your Device location information (including proximity to Tracking Technologies existing the physical world that the App interacts with, for example iBeacons in a physical location and wi-fi and Bluetooth services), which may be tied to Deal Codes and/or AD IDs, such as to display nearby retailers and offers, or to enable or verify certain actions (e.g., response to offers) or Service availability.
- Contact Us: Please note that information submitted to any of the Service via a "contact us" or other similar customer inquiry function may not receive a response. We will not use Personal Information provided by you in a customer inquiry communication to contact you for marketing purposes unrelated to your request unless you agree otherwise.
3. Information We Share With Third PartiesWe may share non-Personal Information, and Personal Information that is not deemed tökr-Collected PI hereunder, with third parties and their affiliates for any purpose. tökr’s sharing of tökr-Collected PI is, however, subject to the following:
- Marketing: Subject to your communications choices explained in Section 7, we may use your Personal Information to send you marketing communications. However, tökr will not share your tökr-Collected PI with third parties, for their own direct marketing purposes, except in connection with Corporate Transactions (defined below) absent your consent (which may be by means of third-party interaction described in the next bullet point, opt-in or failure to opt-out). For more information on California law in this area, refer to "Your California Privacy Rights" at Section 4.
- Your Disclosure or Consent: As more fully described in Section 5 ("Information You Disclose Publicly or to Others") and Section 3 ("Information We Share With Third Parties"), your activities on the Service may, by their nature, result in the sharing of your Personal Information with third parties, and by engaging in these activities you consent to that and further sharing, and your Personal Information may be disclosed to third parties. Such third-party data receipt and collection is subject to the privacy and business practices of that third-party, not tökr.
We may share information about consumer users’ Service usage and transactions with retailers in order to, for instance, facilitate deals and offers, improve the Service and to provide insights to retailers. However, when we share information about consumer users’ Service usage and transactions with retailers, it will either be on an aggregate (i.e., multiple consumers) basis, or if on an individualized basis de-identified such that while the information may be tied to a Deal Code, Ad ID, IP Address or other unique identifier, we will not include your name, user name, e-mail or phone number along with that share with that Service usage and transaction information unless you consent.
- Service Providers: tökr’s agents, vendors, consultants, and other service providers (collectively "Service Providers") may receive, or be given access to your information, including, without limitation, Personal Information, Demographic Information, and Usage Information, in connection with their work on tökr’s behalf, provided however, tökr does not authorize its Service Providers to use tökr-Collected PI provided by tökr to the Service Providers to send you direct marketing messages other than related to the tökr absent your consent. However, third-party analytics and other Service Providers, and Third-Party Operators of Associated Third-Party Services, may set and access their own Tracking Technologies on your Device, and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third-party technologies or activities arising out of them or any information they collect directly from you. Some may offer you certain choices regarding their practices. For more information, see "Choices: Tracking and Communications Options" at Section 7.
- Corporate Transactions: tökr may share your Personal Information, including, without limitation, tökr-Collected PI, as well as your non-Personal Information, in connection with or during negotiations of any proposed or actual merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of tökr assets, or transfer of all or a portion of tökr’s business to another tökr ("Corporate Transactions").
- When You Request Information From or Provide Information to Third Parties: You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information, including tökr-Collected PI, and other information may be disclosed to such third parties and all information disclosed will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, Associated Third-Party Services (e.g., Third-Party Operator’s tools and plug-ins on our Service) or link to them from our Service. This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such Third-Party Operator’s practices. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
4. Your California Privacy RightsWe do not share personal information as defined by California Civil Code Section 1798.83 ("Shine The Light law") with third parties for their direct marketing purposes without either obtaining your consent or giving you the ability to opt-out. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us here. Any such request must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address. [Note this last clause requires special home page notice of "Your CA Privacy Rights."] [Discuss proper home page notice and link, which requires you to add the link "Your CA Privacy Rights" and link to this section.] California minors should see "Children’s Privacy" at Section 9 regarding removal of certain content they have posted.
5. Information You Disclose Publicly or To Others
- Profiles: Consumer user’s profiles are not available to other users, including participating retailer, but are available to tökr. Participating provider’s profiles, however, include public-facing and non-public facing elements. In the event such functionality is offered, participating provider’s profiles may be set up to display to other users information such as the retailer’s name, images, location (city/state/country), optional information added by the retailer user including, for example, marketing information. We may offer users the ability to manage their public profile and use profile preference settings, the functionality and features of which are subject to change from time-to-time so visit it frequently to confirm the settings reflect your then current preferences. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules. Users should carefully consider the use of such settings to improve information display options and to ensure the settings are properly set and functioning in the manner desired. Notwithstanding the availability of profile preference settings, you should be aware that these settings are for convenience only, do not employ complex data security protection and may not be error free.
6. Third-Party Content, Third-Party Services, Social Features, Advertising and AnalyticsThe Service may contain content that is supplied by a Third-Party Operator, and those third parties may collect Usage Data and your UID when such content is served to you. Associated Third-Party Services may also be available via the Service. We are not responsible for the data collection and privacy practices employed by such third parties or their services and they may themselves be collecting data from you and may be sharing it with us and/or others. These third parties and their services may also associate their Tracking Technologies with you, track you across sites and time, and may or may not have their own published privacy policies.
In addition, when you are on the Service you may be directed to other services that are operated and controlled by third parties that we do not control. For example, if you "click" on a link, the "click" may take you off the Service onto a different site. We encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
Be sure to review any available privacy policies and notices before submitting any Personal Information to a third-party or its services, or otherwise interacting with third-party services or other locations you link to from our Service, and exercise caution in connection with them. We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.
As permitted by applicable law, tökr is not responsible for third parties or third-party services associated with advertising and analytics services, and related tracking activities. Consult their privacy policies and notices for information on their practices and see "Choices: Tracking and Communications Options" at Section 7 regarding certain choices some of them may offer you.
7. Choices: Tracking and Communication Options
- Tracking Technologies Generally: Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website. Please be aware that if you disable or remove these technologies some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Some app-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can be disabled by uninstalling the App. To uninstall an App, follow the instructions from your operating system or handset manufacturer. In addition, you can reset "Ad IDs" by changing the settings in Apple iOS and Android, which will limit our ability to use previous Ad IDs as trackable Deal Codes.
Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, tökr currently does not alter tökr’s practices when tökr receives a "Do Not Track" signal from a visitor’s browser. Some third parties, however, may also offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our Site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. tökr is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third-party analytics providers, see the next section.
- Mobile Apps: With respect to tökr’s Apps, you can stop all collection of information via the App by uninstalling the App. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device. However, other means of establishing location (e.g., connecting to or proximity to wi-fi, Bluetooth or other networks) may persist.
- Communications and Marketing: You can opt-out of receiving certain promotional communications (App push notifications, emails or text messaging) from tökr at any time by (i) for promotional e-mails, by following the instructions as provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; and (ii) for text messages, by following the instructions as provided in text messages from tökr to text the word, "STOP"; and (iii) for App push notifications turn off push notifications on the settings of your Device and/or the App, (as applicable). Please note that your opt-out is limited to the App/Device, e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscriptions may continue. Even if you opt-out of receiving promotional communications, tökr may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or tökr’s ongoing business relations. California residents have certain rights regarding our sharing of certain of their personal information with third parties for third-party direct marketing purposes, as explained in "Your California Privacy Rights" at Section 4.
9. Children's PrivacyWe understand the importance of protecting children’s privacy in the interactive world. We are a general audience service restricted to users 21 and over, or that otherwise have a valid marijuana prescription where such are legal, and do not use the Service to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act ("COPPA") without such parental consent. If you are a child under thirteen (13) years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.
In the event that we become aware that we have collected personal information from any child, we will dispose of that information, or otherwise treat it, in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us here. [Note: This should link to an e-mail address for contacting you. Alternatively, you can insert an e-mail address into the text, but beware such inclusion could lead to scrapping and spamming.]
For more information on COPPA, click here or visit www.FTC.gov and look for parental guidance on child online safety and privacy.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us at the e-mail or address set forth in the "Contact us" section below making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
Parents may want to consider commercially available parental control protections to limit what minors can access online and/or monitor their minor children’s online activities. Examples include: www.netnanny.com; www.webwatcher.com and www.sentrypc.com. We do not endorse these or other services and are not responsible for them.
10. Data Security and MonitoringWe endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information (excluding public User-Generated Content). However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service, and provide us with your information, at your own risk.