Legal

2. How We Use the Information We Obtain

1. Generally: tökr may use information about you, including tökr-Collected PI and other Personal Information, for any purposes not inconsistent with tökr’s statements under this Privacy Policy and not prohibited by applicable law, including, without limitation, the following: (1) to provide you with information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us, participating retailers or third parties; (2) to enable you to participate in a variety of the Service’s features including online entry sweepstakes, contests or other promotions, rewards program or shopping cart functionality; (3) to process your registration with any of the Service, including verifying your information is active and valid; (4) to manage and administer the Service including content localization and management (including territory restrictions), account management, and billing and collections activities; (5) to improve the Service or create new service offerings, to customize your experience on any of the Service, or to serve you, or suggest to you, specific content and offers that may be most relevant to you providing you (e.g., geographically relevant and based on your interests) and; (6) to contact you with regard to your use of any of the Service and, in our discretion, changes to the any of the Service and/or any of the Service’s policies; (7) to prevent unauthorized, improper or illegal activities on the Service; (8) for internal business purposes; and (9) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy or for any other legal purpose not inconsistent with this Privacy Policy or our Terms of Use.
2. 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.
3. 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 Parties

We 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:

1. 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.
2. 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.
   
   tökr may also share any information about you (including, without limitation, tökr-Collected PI) for any purposes not in-consistent with this Privacy Policy, or otherwise not prohibited by applicable law, including, without limitation.
3. 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.
4. 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").
5. 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.
6. To Protect tökr and Others: To the fullest extent not prohibited by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of tökr or third parties (including through the enforcement of this Policy, our Terms of Use, and other applicable agreements and policies); (ii) comply with legal and regulatory obligations and government requests (e.g., pursuant to law enforcement inquiries, subpoenas or court orders); (iii) comply with our obligations and commitments to safeguard the privacy and security of your information; or (iv) prevent unauthorized, improper or illegal activities on the Service. Further, we may disclose information about you as otherwise permitted under our Terms of Use or as specifically disclosed when we collect information from you. Additionally, if you notify us that you believe your rights have been violated in connection with the Service or another user of the Service, we may disclose information about you to the extent necessary to evaluate and respond to your concern. To the fullest extent not prohibited by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
7. Co-Branded Areas: Certain areas of the Service may be provided to you in association with third parties ("Co-Branded Areas") such as sponsors, charities, and political organizations and may request or require you to disclose Personal Information to them. Such Co-Branded Areas will identify the third-party and indicate if they have a privacy policy that applies to their collection and use of you information. If you elect to register for products and/or services, communicate with such third parties or download their content or applications, at Co-Branded Areas, you may be providing your information to both us and the third-party. We are not responsible for such third-party’s data collection or practices and you should look to such third-party privacy policies for more information.
8. Sweepstakes, Contests and Promotions: tökr may offer sweepstakes, contests, and other promotions (each, a "Promotion"), including Promotions jointly sponsored or offered by third parties, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to tökr, co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy. Please review those rules carefully.

4. Your California Privacy Rights

We 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

1. User-Generated Content and Public Information: The Service is a platform that may enable, among other things, participating providers to post content to the Services users. The Service may permit you to submit messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, "User-Generated Content" or "UGC"), such as the store content and offers posted by participating retailers. We or others may store, display, reproduce, publish, distribute or otherwise use User-Generated Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User-Generated Content and may have the ability to share it with third parties. If you choose to submit UGC to any public area of the Service, your UGC will be considered "public" and will be accessible by anyone, including tökr. Notwithstanding anything to the contrary, Personal Information included in UGC that is public or semi-public is not subject to tökr’s usage or sharing limitations, or other obligations, regarding tökr-Collected PI or other Personal Information under this Privacy Policy or otherwise, and may be used and shared by tökr and third parties to the fullest extent not prohibited by applicable law. Please think carefully before deciding what information you share, including Personal Information, in connection with your User-Generated Content. Please note that tökr does not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User-Generated Content that you disclose or receive from third parties (including participating retailers) through the Service. We are not responsible for User-Generated Content you submit to Associated Third-Party Services via our Service. As permitted by applicable law, except where we have otherwise explicitly agreed, we may also publish your name, voice, likeness and other Personal Information that is part of your User-Generated Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities without remuneration, or other obligation to you. For full terms and conditions regarding User-Generated Content you submit to the Service, please review our Terms of Use.
2. 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 Analytics

The 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.

tökr may engage and work with third parties to serve advertisements, offers, recommendations and content on tökr’s, or it’s retailer users’, behalf on the Service, and/or to provide us and them analytics about the use of the Service and the performance of ads and content on the Service. These entities may use cookies and other Tracking Technologies to automatically collect information about you and your activities, such as registering a unique identifier for your device and tying that to your online activities on the Service. tökr may use this information to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising, offers, recommendations and content targeted to your interests on the Service and at participating retailer locations and better understand your Service-related activity.

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

1. 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.
2. Analytics: tökr may use Google Analytics, Piwik, Adobe Analytics or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help tökr analyze how users use the Service. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by Google Analytics, Adobe Analytics and other Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage. tökr only retains aggregated data from Google Analytics and Adobe Analytics. You may exercise choices regarding the use of cookies from Google Analytics by going here or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going here under the section labeled "Tell our customers not to measure your use of their websites or tailor their online ads for you." You may disable Piwik analytics tacking by opting-out here. We are not responsible for the effectiveness of these third parties’ choice tools, or any representations they make regarding them.
3. 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.
4. 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.

8. International Transfer

Our Service is operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Service or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.

9. Children's Privacy

We 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 Monitoring

We 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.

11. Updateds To Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected tökr-Collected PI, to the extent it is not collected under the new privacy policy, in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.