This Privacy Policy is designed to inform users of the policies and procedures of AppCard Inc. (“AppCard”, “we”, “our” or “us”) on the collection, use and disclosure of your information on www.appcard.com (the “Website”) and the services, features, content or applications we offer through our products directly to you (collectively with the Website, Transceiver, Plastic Card, Smartphone App (each as defined below) and the features defined below, the “Service”). We receive information about you from various sources, including: (i) through your user account including when you register for the Website and/or the Service (your “Account”); (ii) your use of the Services through the AppCard transceiver and/or Merchant point-of-sale integrated platforms (“Transceiver”) and/or any mobile application powered by or provided by AppCard (“Smartphone App”) and/or AppCard plastic card (“Plastic Card”); and (iii) when you engage in loyalty programs (“Programs”) offered by AppCard merchant partners (each a “Merchant”) in connection with the Service, and/or (iv) from third party websites and services. When you use the Service, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR WEBSITE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
At AppCard we recognize the importance of your personal privacy. Except as disclosed in this Privacy Policy or as otherwise authorized by you, we will never share your email address, telephone number, or mailing address with a third party for their marketing purposes.
The information we gather enables us to personalize, improve and continue to operate the Service. In connection with certain aspects of the Service, we may request, collect and/or display some of your Personal Information (as defined below). We collect the following types of information from our users:
Personal Information: AppCard collects some Personal Information (as defined below) in connection with the Service. When you sign up to create an Account, swipe your Plastic Card, use your SmartPhone App, sign in using the Social Media Connections (as defined below) and/or the Website, provide your phone number or other information at a Merchant location, redeem cash-backs or other rewards with AppCard or otherwise engage in a Program, submit content to AppCard, complete a survey, send us feedback, request information about the Service, apply for a job or signup for special offers from third parties, AppCard may collect personally identifiable information from you or receive such information from a Merchant, including, for example, your email address, first and last name, mailing address, telephone number, and other information that personally identifies you (collectively, “Personal Information”). You do not have to provide Personal Information to AppCard, but you may not be able to take advantage of some or all the features of the Service if you do not. You acknowledge that this information may be personal to you, and by creating an account on the Service and providing Personal Information to us and or the Merchant, you allow us (and others to the extent permitted under this Privacy Policy) to use your Personal Information in the manner set forth under this Privacy Policy. We may use your contact information to send you information about our Service. You may unsubscribe from our marketing messages through your Account settings, although we, nonetheless, reserve the right to contact you when we believe it is necessary, such as for Account recovery purposes.
Tracking Information and other Non-Personally Identifiable Information: AppCard, Merchants and our third party service providers may use tracking technologies, such as cookies, web beacons, pixel tags and clear GIFs (and similar technologies that work on the Smartphone App), to collect data related to usage of the Service, the Programs, and web and email marketing conducted by or on behalf of AppCard. Such data may include, without limitation, the latitude and longitude (i.e., lat/long) coordinates of your device, the region where your device is located, geo-IP data, the address of the websites you visited before and after you visited the Service, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Service you visit and what links you clicked on (collectively, “Tracking Information”). In order to collect Tracking Information and to make your use of the Service more efficient, we may store cookies on your computer. AppCard, Merchants and our third party contractors who are engaged to provide services on behalf of AppCard (“Contractors”) may also use tracking technologies that are placed on websites, on the Service or in email communications to collect information about actions that users take when they interact with the Service or such email communications. We may use the Tracking Information and other Non-Personally Identifiable Information (as defined below)for the purposes described in this Privacy Policy, such as to serve targeted advertising content to you. We do not knowingly use tracking technologies to automatically retrieve Personal Information from you without your knowledge. However, some Tracking Information may include data, such as IP address data or the identifiers associated with your device that are unique to your computer or device(e.g., IDFA for iOS and Android ID for Android). You may be able to modify your browser or device settings to alter which tracking technologies are permitted when you use the Service, but this may affect the performance of the Service. Please be advised that certain third parties that are beyond the scope of this Privacy Policy, such as advertisers, may collect Tracking Information in connection with the Service. AppCard is not responsible for the acts or omissions of such third parties.
In addition to Tracking Information, we may also have access to certain other types of non- personally identifiable information. For example, when you use or register for the Service, you may provide or we may through Merchants or otherwise have access to, demographic information, information relating to gender, marital status, date of birth, purchase history, store visits, lifestyle, preferences and interests, the offers you view and redeem, your use of the Service, interactions with Merchants, business partners, and service providers and other categories of information that do not specifically identify you (collectively, with the Tracking Information, “Non-Personally Identifiable Information”).
Interest-Based Advertising: We may ourselves, or with third party vendors, use information we collect in connection with Merchant, or vendor information to deliver targeted advertising to you across websites and mobile applications. Cookies and other similar technologies described above may be used in this process. For example, if you are searching for information on or have purchased a particular product, we or our vendor may cause an advertisement to appear on other websites or applications you view with information on that product. This form of advertising, sometimes called “behavioral advertising” or “interest-based advertising” is based on anonymous or de-identified information. To be clear, de-identified information may include hashed email addresses or other unique identifiers that no longer personally identify you. As a result, we and our vendor know your interests, but do not personally identify you in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt-out of these interest-based advertisements, please follow the opt-out process described below under “Opt-Out.”
Contest and Sweepstakes: We may, from time to time, offer surveys, contests, sweepstakes, or other promotions through our Website, Merchant websites, or through our other forms of communications with you (collectively, the “Promotions”). Participating in our Promotions is completely voluntary. Information requested for entry may include personal contact information such as your name, address, date of birth, phone number, email address username, and similar details. We use the information you provide to administer our Promotions and otherwise in accordance with this Privacy Policy. We may also, unless prohibited by the applicable Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about our Service. We may share this information with our affiliates, Merchants, and other organizations or service providers in line with this Privacy Policy and the rules for the Promotion.
Personal Information: We will use your Personal Information as described below:
Please note that if you specifically consent to additional uses of your Personal Information, either at the time the Personal Information is collected from you or through some other form of consent from you or notification to you, we may use your Personal Information in a manner consistent with that consent. Finally, we reserve the right to supplement your personal information with information we gather from other sources which may include information we gather from online and offline sources.
Aggregate Information: We will also use Personal Information and Tracking Information, and other information (including by combining information from online and offline third party sources) to create aggregated data for analytical and other purposes. This aggregate statistical information does not contain any information in a form that specifically identifies you. It is used in a variety of ways, including to allow us to understand our customer base and to better serve our market.
Non-Personally Identifiable Information: AppCard may use Tracking Information and other Non-Personally Identifiable Information in connection with the Service, including: to administer the Service, to understand how well our Service is working, to market the Service and other products and services (including the products and services of Merchants that may be in your area), to serve targeted advertising content to you, to develop aggregate, statistical information on usage of the Service and to generally improve the Service. For example, this information allows us to determine which features visitors like best to help us improve our Service, personalize your user experience, target marketing efforts, and measure overall effectiveness.
Email Communications: If you create an account and provide your email address, we will send you administrative and promotional emails. If you wish to opt out of promotional emails, you may do so by following the “unsubscribe” instructions in the email, or by editing your account settings. All users receive administrative emails. If you wish to opt out of administrative emails, you must delete your account entirely and cease use of the Service.
Text Message/SMS Communications: If you create an account and provide your telephone number, we may send you administrative text messages. If you opt in to receive promotional text messages we may also send you promotional text messages. If you wish to opt out of such text messages, you may do so by following the “opt-out” instructions in the text message, or by editing your account settings.
Push Notifications: Like many mobile applications, if you have not opted out of receiving push notifications, we may from time to time send you promotional push notifications under certain circumstances. If you wish to opt out of these notifications, you can change the settings on your mobile device.
Personal Information: AppCard may disclose your Personal Information to third parties in the following circumstances and other circumstances described in this Privacy Policy:
1. if you use the Service, we may disclose your Personal Information to the associated Merchants (e.g., Merchants associated with the Programs you join) to facilitate the operation of the Programs and for other purposes dictated by the Merchant, including marketing the products and services of the Merchant;
2. to Contractors who are performing marketing/advertising services, sending emails, push notifications, or SMS or other messages on our behalf, delivering goods, administering promotions, analyzing data and usage of the Service, processing credit card payments, operating the Service or providing support and maintenance services for the Service, or providing customer service. We use reasonable efforts to enter into agreements with all Contractors that require Contractors to use any unaggregated Personal Information they receive only to perform services for us; and 3. when we have your consent to otherwise share the information.
3. to merchants who you interact with using the Services. In order to facilitate and provide the Services with you (e.g., your use of your loyalty program account at a merchant location), we will provide your personal information (including, for example, your loyalty account identification) in order to facilitate your use and access to the Services. By using the Services to interact with the third-party merchants, you hereby direct us to share your personal information with such third-party merchants.
Non-Personally Identifiable Information: We may disclose Tracking Information and other Non-Personally Identifiable Information to third party advertisers and advertising agencies, Merchants, Contractors, and other parties in order for AppCard and such third parties to analyze the performance of the Service and the behavior of users, to operate and improve the Service, to serve targeted advertising content to users, and to target offers to users through the Service. We may also disclose, use or publish this information for other business purposes such as promoting the Service.
Aggregate Information: Because the aggregate information we collect does not specifically identify you, it may be shared with any number of parties. For example, we may disclose anonymous, aggregated information to third parties such as potential business partners, Merchants, advertisers, and funding sources, in order to describe our business and operations.
Network Operators: Use of the Service may involve use of the services of third party telecommunications carriers and service providers (such as the services of the carrier that provides cell phone service to you). Such carriers and service providers are not AppCard’s contractors, and any information that a carrier collects in connection with your use of the Service is not subject to this Privacy Policy. AppCard is not responsible for the acts or omissions of telecommunications carriers or service providers.
Additional Disclosures: Notwithstanding anything to the contrary in this Privacy Policy, AppCard reserves the right to use or disclose Personal Information and any other information AppCard collects in connection with the Service (a) to any successor to AppCard’s business, including as a result of any merger, acquisition, asset sale or similar transaction, (b) to any corporate affiliate of AppCard whose privacy practices are substantially similar to ours, (c) to any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or legal process, or (d) if in AppCard’s reasonable discretion, such use or disclosure is necessary to enforce or protect AppCard’s legal rights or to protect third parties.
AppCard does not knowingly collect or maintain Personal Information from persons under 16 years of age, and no part of the Service is directed at persons under 16. If you are under 16 years of age, then you may not use the Service. If AppCard learns that Personal Information of persons less than 16 years of age has been collected without verifiable parental consent, then AppCard will take the appropriate steps to delete this information. To make such a request, please contact us at support@appcard.com
We seek to protect Account information to help ensure that it is kept private; however, we cannot guarantee the security of any Account information or Personal Information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, including Personal Information.
We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Services and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties. If you wish to cancel your account or request that we no longer use your information to provide you the Services, please contact us at support@appcard.com.
If you are a registered user, you can access your Personal Information and certain other information associated with your Account by logging into the Service. Registered and unregistered users can access and delete cookies through their web browser settings.
Should you ever decide to delete your Account, you may do so by emailing support@appcard.com. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account, although we may retain archival copies of your Account information in a manner consistent with our retention policy described above. Please note that we are not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent, such as a Merchant. You should contact such third parties directly. In addition, opt-outs on mobile devices may be device specific and we cannot at this time guarantee the success of such opt-outs due to device limitations. Any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.
If you do not want your Personal Information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at support@appcard.com. Please note that if you opt out in this manner, certain aspects of the Service may no longer be available to you.
Email Communications. As noted above, if you wish to opt out of promotional emails, you may do so by following the “unsubscribe” instructions in the email, or by editing your account settings. All users receive administrative emails. If you wish to opt out of administrative emails, you must delete your account entirely and cease use of the Service.
Text Messages/SMS Messages. As noted above, if you create an account and provide your telephone number, we may send you administrative text messages. If you opt in to receive promotional text messages we may also send you promotional text messages. If you wish to opt out of such text messages, you may do so by following the “opt-out” instructions in the text message, or by editing your account settings.
Tracking Technologies. You may opt out of or restrict the placement and/or use of tracking technologies on your device or remove them from your browser by adjusting your browser or device settings. Please note that cookie-based opt-outs are not effective on many mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings. For example, the “Privacy” settings of an iOS device will allow you to “Limit Ad Tracking” and reset your mobile device’s “Advertising Identifier.” Please refer to instructions provided by the manufacturer of your device to learn how to adjust your mobile device settings.
You may also adjust the settings on your mobile device to allow or restrict the sharing of location information. For example, the “location” permissions on your mobile device may allow you to elect whether to never share location information with AppCard, to share location information only while you are using the Smartphone App (e.g., to help you find nearby offers), or always share location information even if you are not using the Smartphone App. If you elect to not share your location information, you may be unable to access some features of our Services that are designed for mobile devices. Also, in the event that you prevent the sharing of location information, we may still estimate your general location based on the IP address you use to access our Services.
Interest Based Advertising. The online advertising industry also provides websites from which you may opt out of receiving targeted ads/interest-based advertising from us and our data partners and our other advertising partners that participate in self-regulatory programs. We endeavor to comply with the DAA’s Self-Regulatory Principles for Online Behavioral Advertising. The DAA’s opt out tool can be found at http://www.aboutads.info/choices/. The Network Advertising Initiative’s (NAI)_opt out tool can be found at http://www.networkadvertising.org/choices/.
To be clear, the opt-out from targeted ads must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.
Push Notifications. Like many mobile applications, if you have not opted out of receiving push notifications, we may from time to time send you promotional push notifications under certain circumstances. If you wish to opt out of these notifications, you can change the settings on your mobile device.
Do Not Track: Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.
Social Network Features and Connections: If you use features on or associated with the Service that interface with or otherwise interact with social network sites like Facebook and Twitter (“Social Network Connections”), you grant AppCard permission to access all of the elements of your social network profile information that you have made available to be shared and you consent to our use and disclosure of such information and any other information obtained from Social Network Connections, including in combination with any other information you may have provided to us in connection with the Service, in accordance with this Privacy Policy. Please refer to the privacy settings of the social media platform or application to determine how you may adjust our permissions and manage the interactivity between AppCard and your social media account. Please note that we do not control such Social Network Connections and are not liable for the manner in which they operate. While we may provide you with the ability to use such Social Network Connections in connection with the Service, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.
Communications with Us or Through the Service: Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by this policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by anyone without restriction. Notwithstanding anything in this Privacy Policy, you understand that by using such services you assume the risk that the Personal Information and other information provided by you in connection with such publicly available areas may be viewed and used by anyone for any number of purposes.
Certain U.S. states require additional disclosures and provide users residing in such U.S. states with additional choices and rights. This section of the Privacy Policy only applies to individuals located in such U.S. states and where such U.S. state data protection laws apply to AppCard’s processing of your personal information.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|
Category |
Examples and reasons to collecting this information |
Collected |
|
A. Identifiers |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address. The reason we collect this is to make sure all rewards coupons and offers are logged properly with your account and shall be made available across the different touch points. We also use this information for the purposes set forth under “Use of Personal Information” below. |
YES |
|
B. Commercial Information |
Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. The reason we collect this is to make sure the offers, rewards and coupons are relevant for you. We also use this information for the purposes set forth under “Use of Personal Information” below. |
YES |
|
C. Internet or other similar network activity |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. IP addresses, MAC Address, log files, login information, cookies, pixels, beacons, other unique online identifiers, and device and user activity information (e.g., search parameters, online activity such as date and time of accessing our websites, website addresses accessed, the length of website visit, and other usage data). The reason we collect this is to ensure a better experience, simpler shopping with participating retailers and personalization. We also use this information for the purposes set forth under “Use of Personal Information” below. |
YES |
|
D. Geolocation Data |
Based on IP Address and other general location identifiers that are not precise. The reason we collect it, it so make sure we offer you reward only from the retailer you shop and offer shipment/delivery services from the closest store to you. We also use this information for the purposes set forth under “Use of Personal Information” below. |
YES |
Personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
No Sensitive Personal Information.
We do not knowingly collect any personal information that would be considered “sensitive” under applicable law.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice and obtaining your consent where required by applicable law.
Disclosing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing its duties.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
We disclose your personal information for a business purpose to the following categories of third parties:
In the preceding twelve (12) months, we have not sold any personal information, nor have we shared your personal information for purposes of cross-contextual behavioral advertising. If we do begin selling any personal information or sharing your personal information for purposes of cross-contextual behavioral advertising, we will inform you of such activities and this privacy policy will be updated to reflect that. Further, we do not use your personal information to profile you in furtherance of decisions that produce legal or significantly similar effects.
Your Rights and Choices
Applicable laws in your jurisdiction may grant you certain rights that are applicable to our processing of your personal information—subject to all applicable limitations, exemptions, or exceptions—regarding our collection and use of your personal information. These rights include, to the extent applicable and to the extent granted under applicable law:
The above rights are only exercisable by you where applicable law in the jurisdiction in which you reside actually grants you the right being exerted. When exercising your right to deletion (to the extent applicable), please identify the information that you wish to be deleted and whether you would like to delete your account from all AppCard account retailers or just a particular retailer. Please note that the exercising of your right to deletion will result in the deletion of the personal information that we have collected about you. This may result in our inability to further provide services to you in the future.
We do not use your personal information to profile you in furtherance of decisions that produce legal or significantly similar effects.
To exercise the rights described above only to the extent applicable law grants you such rights, please submit a verifiable consumer request to us by either:
Only you or a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within the period of time required by applicable law. If we require more time, we will inform you of the reason and extension period in writing to the extent such extension is permitted under applicable law. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
If we deny your request, you can appeal such denial by emailing privacyappeal@appcard.com. We will respond to any such appeal as may be required under applicable state privacy law.
We will not discriminate against you for exercising any of your applicable rights. Unless permitted under applicable law, we will not:
We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will notify you by email or through a notice on our website homepage.
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under respective US states law, please do not hesitate to contact us at:
Nevada Consumers: Nevada law gives Nevada consumers the right to request that a company not sell their personal information. This right applies even if their personal information is not currently being sold. If you are a Nevada consumer and wish to exercise this right, please submit your request by filling out the form after clicking on this link.
United States of America: By using the Services, you freely and specifically give us your consent to export your Personal Information to the USA and to store and use it in the USA as specified in this Privacy Policy. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.
We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Service or sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses the Service after such changes have been first posted.
If you have any questions or concerns regarding privacy using the Service, please send us a detailed message to legal@appcard.com or 88 Pine St. Suite 1110 New York, NY 10005. We will make every effort to resolve your concerns.
Effective Date: June 17, 2024
