Surkus, Inc.

Privacy Policy

Last Revised:  October 15, 2019

This Privacy Policy applies to information and how we may use it that we collect through our websites, mobile applications, electronic communications or services, social networking sites, or any individual, business partner-specific, merchant-specific, or other area-specific websites we offer that link to or reference this Privacy Policy (collectively, the “Surkus Services”).  Some of this information will enable us to identify you (“Identifying Information”). We will take particular care when dealing with your Identifying Information, this is part our of commitment to protecting and respecting your privacy.

The terms “you”, “your”, “yours”, “User” and “Users” when used in this Privacy Policy refers to any visitor to or user of the Surkus Services.

Any information you supply to us via the Surkus Services (and by other means) will be treated in accordance with applicable law. When you provide us with personal information relating to others via the Surkus Services, you confirm that you have their consent or are otherwise entitled to provide this information to us and for us to use it in the ways described in this Privacy Policy.

By proceeding with access to the Surkus Services, you are deemed to have accepted the Terms of Service (“Terms”), including the terms of this Privacy Policy. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree with our Terms or Privacy Policy, then please refrain from accessing or using the Surkus Services. 

We reserve the right, from time to time, with or without notice to you, to change our Privacy Policy at our sole discretion. Our Privacy Policy that is applicable to your access to, and use of, the Surkus Services will be the version that is current and accessible at each date you access the Surkus Services. If we make changes, we will notify you by revising the date at the top of the Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a Policy to our homepage or sending you an email notification). Your use of the Surkus Services after changes are made means that you agree to be bound by such changes. If you do not wish to accept the new Privacy Policy, you should not continue to use the Surkus Services.

         

If you have any questions about this Privacy Policy, please contact us at [email protected] .

CHILDREN UNDER THE AGE OF 13

Surkus Services are not intended for children under 13 years of age. No person under the age of 13 may provide any personal information to or on our websites or applications. We do not knowingly collect personal information from people under the age of 13. If you are under the age of 13, do not use our Surkus Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a person under the age of 13 we will delete that information. If you are aware that we have inadvertently collected any information from any person under the age of 13 please contact us at [email protected].

WHAT INFORMATION DO WE COLLECT?

You directly provide us with most of the information we collect. You do this by creating an account, by linking your account with third party systems like Facebook, Apple and other social media sites, and by using the Surkus Services. When you (i) choose to create, or update an account, (ii) send Surkus an email message or any other communication, (iii) authorize the disclosure of personally identifiable information to Surkus via third party authentication systems from like Facebook and others, or (iv) use the Surkus Services, including communications with third parties, Surkus collects Identifying Information.  Identifying Information includes, but is not limited to, your name, image or likeness, phone number, date of birth, email address and home postal address.

Surkus also collects other information that you choose to provide. This includes, without limitation, your zip code (on its own), individual preferences related to your account and demographic information (“Non-Identifying Information”). Non-Identifying Information also includes Identifying Information that we aggregate or otherwise render anonymous.

When you access or use our Surkus Services, we automatically collect information about you, including:

  • Usage Information: We collect information about your use of the Surkus Services, including access times, events you attend, offers you participate in, pages and profiles viewed, member interactions and other information about your interactions with us, the Surkus Services and other members.

  • Device Information: We collect information about the computer or mobile device you use to access the Surkus Services, which may include the hardware model, operating system and version, browser type and language, IP address, unique device identifiers, mobile network information and other information.

  • Location Information: We may collect information about the location of your device each time you attend an event or venue through Surkus, access or use one of our mobile applications, or otherwise consent to the collection of this information. We collect this information mainly to provide, maintain and improve the Surkus Services, including to send you invites and track your attendance at Events.

  • Information Collected by Cookies and Other Tracking Technologies: As is commonplace on the internet and applications, we and our service providers use cookies, web beacons, pixel tags and other technologies to collect information. Cookies are small data files stored on your hard drive or in device memory that help us, among other things, improve the Surkus Services and your experience by seeing which areas and features of the Surkus Services are popular. For more information about cookies, and how to disable them, please see "Your Choices".

  • Log Information: We collect information in our log files when you use the Surkus Services. This includes, among other things, your web browser type and language, access times, pages viewed, your IP address, and the URL you visited before navigating to our websites.

We may also obtain information from other sources and combine that with information we collect through the Surkus Services. For example, we may collect information about you from third parties, including, but not limited to, identity verification services, mailing list providers and publicly available sources.

As discussed above, if you create or log into your Surkus account through a social media site, you will grant us permission to access all the elements of your social network profile information that you have made available to be shared (as per the settings chosen by you in your social network profile) and to use it in accordance with the social network’s terms of use and privacy statement.  

HOW SURKUS USES AND RETAINS YOUR INFORMATION

 

We use your Identifying Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide, maintain and improve the Surkus Services, including to send you invites, track your attendance at Events, credit you Surkus Rewards for completing a Reward Earning Activity and inform clients about your attendance or participation in Surkus Events or Offers. We may use your Identifying Information (and disclose it to third parties) to verify your identity, derive other information about you, for fraud prevention, to enforce the Terms, to satisfy a term in a client contract and otherwise protect the integrity of the Surkus Services, or to verify other information you provided to us.

 

We may also use your Identifying Information to contact you with promotional materials and other information that we believe may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or by sending an email message to [email protected] with “Request to Opt Out of Promotional Communications” in the subject line and in the body of your message. Please note that we may also use your Identifying Information to contact you with information related to your use of the Surkus Services; you may not opt out of these notifications unless otherwise required by law.  If you no longer desire to be contacted by Surkus, you must terminate your account by sending an email message to [email protected] and no longer use the Surkus Services.

 

We store your Identifying Information and Non-Identifying Information for as long as we believe it useful or necessary, but do not undertake any obligation to retain information indefinitely. We may dispose of Identifying Information and Non-Identifying Information without prior notice.

 

Surkus is based in the United States. By accessing or using the Surkus Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

 

HOW SURKUS MAY SHARE INFORMATION

 

We may share your Identifying Information and Non-Identifying Information with a client. By using the Surkus Services, you hereby freely and specifically consent to the transfer, storage, use, and disclosure of your Identifying Information and Non-Identifying Information among businesses who are affiliates of us and/or clients of us, wherever located.

 

We may share your Identifying Information and Non-Identifying Information in promotional materials that we produce.

 

We may employ third party companies and individuals to facilitate, advertise and promote the Surkus Services, to provide part of the Surkus Services on our behalf, to perform website-related or application-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the website’s or application’s features) or to assist us in analyzing how the website, application and Surkus Services are used. These third parties may have access to your Identifying Information and Non-Identifying Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose.

 

In the event that we sell our business or engage in mergers, restructurings, changes of control or other such transactions, any information we collect, including your Identifying Information and Non-Identifying Information, will be subject to a transfer. In the unlikely event of a bankruptcy, client and member Identifying Information and Non-Identifying Information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser. You acknowledge that we are not required to provide you with notice or seek consent in such event.

 

We may sell, transfer or share your Identifying Information and Non-Identifying Information with business entities that we control or that are under common control, such as in joint ventures. Any use of your Identifying Information and Non-Identifying Information is subject to the terms of this Privacy Policy.

 

We may share your Identifying Information and Non-Identifying Information in order to comply with applicable laws and to respond to legal processes, including subpoenas, law enforcement requests, search warrants and court orders, and to respond to or otherwise address written complaints of copyright infringement. We may also share the information to protect Surkus interests including sharing select information with credit risk or fraud protection companies.

 

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

YOUR CHOICES

 

You have choices when it comes to the collection, use and sharing of your information:

 

  • Account Information:  You may update, correct or delete information about you at any time by logging into your account and accessing your member profile page or emailing us at [email protected]. If you wish to delete your account, please email us at [email protected], but as noted above in “How Surkus Uses and Retains Your Information”, we store your Identifying Information and Non-Identifying Information for as long as we believe it useful or necessary.

  • Location Information:  When you first launch any of our mobile applications that collect location information, you will be asked to consent to the application's collection of this information. We currently require this location information in order to use the Surkus Services, so if you do not consent to this collection, you cannot use the Surkus Services. You may stop our collection of location information by ceasing to use the Surkus Services and following the standard uninstall process to remove all of our mobile applications from your device.

  • Cookies:  Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Surkus Services.

  • Promotional Communications:  You may opt out of receiving promotional emails or text messages from Surkus by following the instructions in those emails or text messages or by sending an email message to [email protected] with “Request to Opt Out of Promotional Communications” in the subject line and in the body of your message. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

SECURITY

 

Surkus takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.  No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

 

We will attempt to make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable statutes on security breach notification) to you via email or conspicuous posting on our website or application, insofar as consistent with (a) the legitimate needs of law enforcement, or (b) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

INTERNATIONAL TRANSFER OF PERSONAL DATA

We may transfer your Identifying Information and your Non-Identifying Information to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out in this Privacy Policy.

PLAID

Please note that if you have linked your account with Plaid your account is subject to Plaid’s Privacy Policy, as well which you can read about here.

LINKED WEBSITES

Please note that any websites that may be linked to our Surkus Services are subject to their own Privacy Policies.

CONTACTING US

We have endeavored to make our Terms of Service and Privacy Policy as straightforward as possible.  However, legal terms can be complicated.  If you want to get in touch regarding our services or have a general question, please contact us at: [email protected] .