Last modified: March 10, 2022
SKUxchange, LLC (“SKUx,” “our,” or “we”) respects your privacy and commits to protecting it through our compliance with the practices described in this notice.
This notice describes our practices for collecting, using, maintaining, protecting, and disclosing the personal information we ma0y collect from you or that you may provide when you text message, download, install, register with, or use a SKUx-branded campaign or promotion downloaded to your mobile wallet (a “Smart Incentive”), or when you download, install, register with, or use any associated SKUx mobile applications (the “App”), as well as when you visit the website https://skux.io/, or engage in communications or with forms that link or refer to this notice (our “Website”). This notice applies to the personal information collected through our Smart Incentives, the App, and our Website, regardless of the country where you are located.
The Smart Incentives, App and Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share information about you. We do not control these third-party websites, and we encourage you to read the privacy notices of those third parties, and of every website you visit.
Information We May Collect About You
We collect and use different types of information from and about users of our Smart Incentives, App, and Website, including information:
- By which you may be personally identified, such as name, postal address, email address, telephone number, username or other similar identifier, Internet Protocol (“IP”) address, or any other identifier by which you may be contacted online or offline (“personal information”);
- Related to records of products or services purchased, obtained, or considered;
- Demographic information, statistics, or aggregated information; or
- About your internet connection, the device you use to access our Smart Incentives, App, or Website, and usage details.
How We Collect Information About You
We use different methods to collect information from and about you, including:
- Directly from you when you provide it to us.
- Automatically as you navigate through our Smart Incentives, App, or Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
- From third parties, for example, our business partners, sub-contractors, advertising networks, analytics providers, search information providers, data brokers, or aggregators.
Employees or job applicants may provide additional information listed above through job applications, benefits enrollment, and payroll or direct deposit enrollment.
Information You Provide to Us
The information we collect on or through our Smart Incentives, App, Website may include:
- Information that you provide by registering to obtain a Smart Incentive, registering with our App, or filling in forms on our Website. This includes information provided at the time of engaging with our services via text messaging, registering for a Smart Incentive, registering with our App, completing the contact form on our Website, or requesting further services. We may also ask you for information when you report a problem with a Smart Incentive, our App, or our Website.
- Records and copies of your correspondence, including contact information (email addresses, phone numbers, etc.), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Your search queries on the App or Website.
- Personal information from social networks that are authenticated during the login process.
Information We Collect Through Automatic Information Collection Technologies
As you navigate through and interact with Smart Incentives, our App, or our Website, we may use automatic data collection technologies to collect certain information about your device, browsing actions, and patterns, including:
- Details of interactions with Smart Incentives, including traffic data, location data, logs, and other communication data and the resources that you access and use when registering for and downloading a Smart Incentive.
- Details of your visits to the App and our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the App and Website.
- Information about your device or computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). In order to opt-out of the sales of your behavioral tracking, click here. Behavioral tracking is core to our infrastructure.
The information we collect automatically includes personal information, such as geolocation and IP address, which helps us to improve Smart Incentives, the App, and our Website, and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize the App and our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the App and our Website.
The technologies we use for this automatic data collection may include:
- Smart Incentives. The app and all other applicable means of using Smart Incentives utilize tracking technology to ensure a validated user is interacting with the corresponding offers. This includes per user tracking pertaining to user activity including views, clicks, adding offers to wallet, and redemption data. This is a core functionality of the application and product itself and is a requirement to interact with the product.
- Flash Cookies. Flash cookies are being discontinued. However, for the time being, certain features of our App or Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our App or Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Smart Incentives, pages of our App or Website, or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit SKUx, for example, to count users who have visited those Smart Incentives, website pages, opened an email, or for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). We may also add specific pixels to certain Smart Incentives on behalf of our Promotional Partners and share the corresponding statistics learned from these pixels with those Promotional Partners. We control how our Promotional Partners may use this data through our Usage Agreements. For more on opting out of this type of sharing, see Choices About How We Use and Disclose Your Information.
We do not always control these third parties’ tracking technologies or how they may be used. For choices on how to opt-out of interest-based (behavioral) advertising, see Choices About How We Use and Disclose Your Information.
How We Use Your Personal Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present Smart Incentives, the App, and our Website, and provide you with discounts or other promotions, information, products, services, and support that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your Smart Incentives, including offers, expiration, and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to Smart Incentives, the App, and our Website or any products or services we offer or provide though them.
- To allow you to participate in interactive features on the App, Smart Incentives, and our Website.
- To provide customer care and support.
- To improve Smart Incentives, the App, and our Website.
- To monitor the usage of Smart Incentives, the App, and our Website.
- To detect, prevent, and address technical issues.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please click here.
We may use the information we have collected from you to enable us to display new or different Smart Incentives to our promotional partners’ target audiences.
We may use non-personal information for any business purpose.
When We Disclose Your Personal Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To contractors, service providers, and other third parties (excluding Promotional Partners, which are described in more detail below) we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SKUx’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SKUx about our App and Website users is among the assets transferred.
- Business partners or other third parties to market their products or services to you if you have not opted out of these disclosures (“Promotional Partners”). For more information, see Choices About How We Use and Disclose Your Information.
- Advertisers, marketing data agencies, and advertising networks that require the data to select and serve relevant ads or promotions to you and others.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SKUx, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We may disclose aggregated information that does not identify any individual, without restriction. We may also share non-personal information without restriction.
Consent to Personal Information Transfer of Data
Choices About How We Use and Disclose Your Personal Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Chrome (desktop) (mobile)
- Safari (desktop) (mobile)
- Firefox (desktop) (Android)
- Android Browser: Click on top right corner of the app (labeled with “More” or three dots) -> Settings -> Privacy
- Opera (desktop and mobile)
- Silk (mobile)
- Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by clicking here.
- Promotional Offers from SKUx. SKUx’s main business is to provide Smart Incentives. However, once you have redeemed a Smart Incentive, if you do not wish to have your contact information used by SKUx to promote our own or third parties’ products or services in the future, you can opt-out by clicking here. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver Smart Incentives or other advertisements according to our Promotional Partners’ target-audience preferences, you can opt-out by clicking here. For this opt-out to function, you must have your browser set to accept all browser cookies.
We do not always control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Our App and Website are not designed to respond to “do not track” signals received from browsers.
California residents may have additional personal information rights and choices. Please see the California Privacy Notice for more information.
Accessing and Correcting Your Information
You may also send us an email at firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We will accommodate any request as required by law. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
California residents may have additional personal information rights and choices. Please see the California Privacy Notice for more information.
Jurisdiction Specific Rights
California Privacy Notice
In addition to disclosures made elsewhere in this privacy notice, California law requires businesses to disclose certain information related to our privacy practices. This Section of our Privacy Notice (“California Privacy Notice”) serves to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Section.
Our California Privacy Notice supplements the information contained in our privacy notice and applies solely to all visitors, users, and others who are residents of the State of California.
Information We Collect
As described in our general privacy notice, we collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). For purposes of this California Privacy Notice, personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CMIA”), clinical trial data, or other qualifying research data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994 (“DPPA”).
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.|
|Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
|Protected classification characteristics under California or federal law.||
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
From employees or job applicants only
|Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.|
|Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.|
|Geolocation data.||Physical location or movements.|
|Professional or employment-related information.||
Current or past job history or performance evaluations.
From employees or job applicants only.
|Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
From employees or job applicants only.
|Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.|
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on Smart Incentives, our App, or Website.
- Indirectly from a third party authenticated by you. For example, from an authenticated login from Google, Apple, or Facebook granting SKUx access to your personal information.
- Indirectly from data brokers and/or marketing agencies. For example, appending the data within our system with additional behavioral metrics.
Use of Personal Information
We may use, sell, or disclose the personal information we collect for one or more of the following purposes:
- To provide, support, personalize, and develop Smart Incentives, our App, the Website, and our services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your App and Website experience and to deliver Smart Incentives and service offerings relevant to your interests, including targeted offers and ads through our App, Website, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of Smart Incentives, our App, the Website, and our services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our App, Website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To provide a personalized advertising experience on behalf of our promotional partners, marketing agencies, data brokers, and other partners alike.
- To analyze behavioral patterns, user demographics, and transactional trends across the platform to make informed business decisions.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our App or Website users is among the assets transferred.
Sharing Personal Information
We may share your personal information by disclosing it to a third party for a business purpose. We only make business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, SKUx has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.
We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do not include information about individuals we know are under age 16. In the preceding twelve (12) months, SKUx has sold the following categories of personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights.
|Personal Information Category||Category of Third-Party Recipients|
|Business Purpose Disclosures||Sales|
To our vendors, but not limited to, service providers, contractors, and subcontractors, including project management software providers, records and database management providers, marketing partners including direct marketing providers, and backup data storage providers.
All business purpose disclosures have a corresponding Usage Agreement attached to the sharing of this data. We will disclose additional information of how your information is shared, when required by law. This can be requested by emailing email@example.com.
To our Promotional Partners, including, but not limited to, consumer goods and product companies, marketing agencies, and survey companies.
All sales have a corresponding Usage Agreement attached to the sharing of this data. We will disclose additional information of how your information is shared, when required by law. This can be requested by emailing firstname.lastname@example.org.
|B: California Customer Records personal information categories.|
|C: Protected classification characteristics under California or federal law.|
|D: Commercial information.|
|E: Biometric information.|
|F: Internet or other similar network activity.|
|G: Geolocation data.|
|H: Sensory data.|
|I: Professional or employment-related information.|
|J: Non-public education information.|
|K: Inferences drawn from other personal information.|
Reselling Personal Information
The CCPA prohibits a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of those resales. For any information that SKUx collects from you and that we resell to third parties, per our Usage Agreement with those third parties, you may use our opt-out form and we will pass along your opt-out to those third parties.
Your Rights and Choices
The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Know and Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
- The specific pieces of personal information we collected about you (also called a data portability request).
Right to Delete
California residents have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
Exercising Your Rights to Know or Delete
To exercise your rights to know or delete described above, please submit a request by clicking here or emailing email@example.com.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.
You or your authorized agent may only submit a request to know twice within a 12-month period. Your request to know or delete must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. This request must be made by the originating email address associated with the account. In addition, the request must include, at a minimum, the phone number associated with the account.
- Have no pending activity on the account for requests to delete. In order to have the user account completely removed from the system, all pending activity (including pending offers and offers saved to wallet) need to be cleared from the account. SKUx will verify that no pending activity remains. In the event there is pending activity and a user deletion request has been made, an email will be sent to that user indicating that the pending activity will need to be removed or used prior to deleting the account. The user will then need to re-initialize the request after the pending activity has been removed or used.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
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.
We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.
For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact firstname.lastname@example.org.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. 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 useable 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.
Personal Information Sales Opt-Out and Opt-In Rights
California residents who are age 16 or older have the right to direct us to not sell their personal information at any time (the “right to opt-out”). We do not collect or sell the personal information of consumers we confirm are younger than 16 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by clicking here or emailing us at email@example.com.
This request must be made by the originating email address associated with the account. In addition, the request must include, at a minimum, the phone number associated with the account. The text within the request should also indicate the desire to be opted-out of promotional offers. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by clicking here or emailing firstname.lastname@example.org and indicating your desire to be reinstated. Your email must be from an email address that is validated in the database as well as a phone number associated with the account.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
AS A REMINDER, WHENEVER YOU REGISTER FOR A SKUX SMART INCENTIVE, YOU AGREE TO OPT-IN TO PERSONAL INFORMATION SALES, EVEN IF YOU HAVE PREVIOUSLY OPTED OUT.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We currently offer coupons, discounts, promotions, and other price reductions for products and services from our Promotional Partners when you opt-in for a promotional offer. You can opt-in to the financial incentive by providing your personal information. If you do not want to opt in, please do not provide your personal information. After you receive a promotional offer, you may opt-out by contacting us. For more information, please see Exercising Your Right to Know or Delete and Your Personal information Use Choices
Other California Privacy Rights
Additionally, California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of Smart Incentives, our App or Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com.
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Children’s Online Privacy
Smart Incentives, the App and our Website are not intended for children under 16 years of age. No one under age 16 may provide any information to the App or Website or use Smart Incentives. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on or through Smart Incentives, our App or the Website. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at firstname.lastname@example.org with any applicable information.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see the California Privacy Notice for more information.
To ask questions or comment about our privacy practices, or if you need assistance Opting Out due to a disability, please contact us at: