Privacy Policy & Notice at Collection

Effective Date: January 1, 2020

See Supplemental CCPA and U.S. Privacy Laws Notices - Notice at Collection

Thanx, Inc. ("Thanx", "our", "us" or "we") provides this Privacy Policy to describe the collection, use and disclosure of personal information from users of the Services (as defined below), including customers and users of merchants that partner with us to help them offer and promote their goods and services, such as restaurants, retailers and malls (collectively, "Merchants"). This includes personal information of users of:

The Thanx mobile application and websites that link to this Privacy Policy and customers or prospective customers to whom Merchants send communications through the Thanx Service (such application, website and communications are referred to collectively as the "Thanx Service");
Mobile applications and websites that link to this Privacy Policy and that Thanx operates for Merchants whose names and brands appear on the application or website (each a "Merchant Branded Services"); and
Merchant-operated mobile applications and websites into which our services or functionality are embedded ("Embedded Services").

As used in this Privacy Policy, "Services" means, collectively, the Thanx Service, any Merchant Branded Services and the Embedded Services.

Personal Information Collection

Personal information Provided by You. Personal information that you may provide in connection with the Services includes:

Contact data, such as your name, phone number, email address, postal address.
Profile data, such as the username and password you set for your account on the Services as well as your age, date of birth, gender, and other information you include in your Services account profile.
Payment data, such as your payment card number and other billing information. This information is handled by Stripe and Basis Theory. To learn more about how they handle your payment data, please visit Stripe’s Privacy Policy and Basis Theory’s Privacy Policy.
Order data, such as information about orders you place with Merchant and the deliveries of those orders.
Image data, such as pictures of order receipts you place with Merchant to receive loyalty credit.
Communications, such as information about you that you provide when you correspond with a Merchant.
Account preferences, such as your preferences for receiving our communications and any other preferences you set in your account on the Platform.

Third party sources of personal information. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

Transaction Data. We collect transaction information related to purchases you link to your Services account ("Transaction Data"), including, but not limited to, purchase amount, purchase time and date and Merchant for each transaction. By connecting a payment card to the Services, you authorize us to share your payment card information with your payment network (e.g., AMEX, MasterCard or Visa) to enable the payment network to examine transactions on your connected payment card at all participating Merchants and to share Transaction Data with us and the Merchants to facilitate your participation in the Services (e.g., to administer the loyalty programs you join and your accrual of rewards), and you give us the right to use the Transaction Data from your connected payment card for these purposes. You also authorize us to share your Transaction Data with the participating Merchant where the transactions occurred to enable the Merchant to process your rewards and deliver personalized offers to you. Notwithstanding anything to the contrary in the Thanx Terms of Service or this Privacy Policy, we and our participating Merchants will use Transaction Data only as described in this paragraph. You can remove your payment card from your account at any time in your settings. When you do so we will no longer capture future transactions associated with the removed card, but we will retain the Transaction Data associated with your removed card for historical transactions as necessary to maintain your rewards program progress and keep track of any applicable rewards.
Merchant Data. Merchants may share personal information with us about their customers or prospective customers to whom the Merchants send communications through the Thanx Services.

Automatically collected personal information. When you use the Platform, Thanx and other service providers and advertising partners may automatically log information about you, your computer or mobile device, your activity over time, and your interactions with marketing communications, such as:

Device data, such as your device’s operating system type and version, manufacturer and model, browser type, mobile application/SDK version, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), internet protocol (IP) address, unique identifiers (including identifiers used for advertising purposes), API keys, language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 3G) and status, time zones, and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Platform, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
Precise geolocation is collected when authorized by you through the Services.

Cookies and similar technologies. Some of the automatic collection described above is facilitated by cookies and similar technologies:

Cookies are small data files stored on your device for record-keeping purposes. The Platform may use cookies to save your login information for future logins, to enable certain features of the Platform, to better understand how you interact with the Platform, and to monitor usage of and web traffic routing on the Platform.
Web Beacons (also known as pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on the Platform for several purposes, including to deliver or communicate with cookies, to track and measure the performance of the Platform, to track when email messages are opened, and to monitor the effectiveness of advertising.
SDKs. The Platform uses third-party software development kits ("SDKs") to provide analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to the Platform, and to facilitate online advertising.

These cookies and similar technologies may be operated by third parties, and can be used by these parties to recognize your computer or mobile device when it visits the Platform.
These third parties and Thanx may use the following types of cookies and similar technologies:

Advertising. Used by advertising companies to collect information about how you use online services over time. These companies use this information to show you ads they believe will be relevant to you online, and to measure how the ads perform.
Analytics. Help us understand how the Services are performing and being used. These cookies may work with web beacons included in emails we send to track which emails are opened and which links are clicked by recipients. For example, we use Google Analytics, a web analytics service offered by Google that tracks and reports website traffic. Please see Google’s Data Privacy and Security Policy for information on how Google protects your data. You can opt-out of the use of Google Analytics by installing Google Analytics Opt-out Browser Add-on.
Essential. Necessary to allow the technical operation of our Services (e.g., remembering your settings, allow you to log into your account, redirect you when you log out).

You can learn more about options for limiting the use of cookies and similar technologies in the Your Choices section below.

Personal Information Use
The personal information collected through the Platform will be used to facilitate the Services you receive from the Merchant. This may include:

Providing, operating and improving the Services and Platform;
Enable the functionality of the Platform, including to authenticate you, enable features, prevent fraud, implement security measures, ensure server up-time, minimize crashes, and improve scalability and performance;
Communicating with you about the Services, including by sending announcements, updates, security alerts, and support and administrative messages, including through emails, text messages and push-messages;
Sending you Merchant-related service messages, such as text messages about the status of an order or delivery;
Understanding your needs and interests, and personalizing your experience;
Providing support for the Services, and responding to your requests, questions and feedback.

Merchant may also use personal information collected through the Platform for other purposes in accordance with its own policies and procedures. For example, Merchant may use personal information:

To analyze user behavior, understand how users engage with the Services, and for other research and development purposes;
To send you direct marketing communications, such as marketing emails and text messages, where permitted by applicable laws;
For interest-based advertising, such as to display ads on other online services, including through the use of third-party advertising cookies and similar technologies that collect information about your online activities;
To comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities, to protect rights, privacy, safety or property (including by making and defending legal claims), to audit internal processes, to enforce the terms and conditions that govern the Services; and to prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

Information Sharing and Disclosure

Personal information collected through the Platform may be shared as follows:

Thanx Service Merchants. When you join the Thanx Service you may transact with Merchants that participate in the Thanx network (each a "Thanx Service Merchant") and earn reward progress or rewards at those merchants. We share your personal information with Thanx Service Merchants with whom you choose to transact so they can administer your participation in their rewards program, and update you on special offers, products or services that may be of interest to you. Although we will share your email address with the first Thanx Service Merchant from whom you accept an introductory offer, we will only share your email address with other Thanx Service Merchants with your consent. Thanx Service Merchants may use the information we share with them to message you inside and outside of the Thanx Service (e.g., via email and text messages) with advertisements about products or services that may be of interest to you or to respond to your requests. In addition, we may share your phone number with any Thanx Service Merchant whose product or service you purchased so it can process, support and track your purchase. Except as restricted by Thanx, Thanx Service Merchants may also use and share personal information that we share with them in the same manner that Thanx uses and shares personal information as described in this Privacy Policy.

Merchant Branded Services. When you join a Merchant Branded Service we may automatically share the personal information, Transaction Data and any other information we collect from you with the Merchant. This information is shared with the Merchant so they can administer your participation in their rewards program and learn about your interests and the products and services you enjoy. Merchants may also use this information to message you inside and outside of the Merchant Branded Service. For example, a Merchant may use your personal information to deliver you rewards and keep track of your rewards progress in its loyalty program. Merchants may require emails (for electronic delivery) and addresses (for physical delivery) of products purchased. Phone numbers and email addresses may also be shared with the Merchant or the common carrier utilized by Merchant if they need to contact the purchaser or recipient to confirm orders or facilitate delivery of the orders to the appropriate location. Delivery of orders placed with Merchants are enabled by third party software integrations to help Merchants facilitate online ordering, POS and delivery services, such as Olo, Toast and Open Tender (powered by Brandible). If you make a purchase for delivery, Merchants and such third party integrations systems will share personal information necessary for requested delivery with third party delivery partners (such as Postmates, DoorDash, and GrubHub), including your name, phone number, the product you purchased, and the delivery location. Please see the Olo Privacy Policy, Privacy Policy, Toast Privacy Statement, DPA for additional information. Except as restricted by Thanx, Merchants may also use and share personal information that we share with them in the same manner that Thanx uses and shares personal information as described in this Privacy Policy, or as described in the Merchant’s privacy policy. Where a Merchant maintains a privacy policy apart from this Privacy Policy we encourage you to read it prior to joining a Merchant Branded Service. Merchants are contractually obligated to comply with applicable law in their use of the information they may receive from us about you.

Services Providers. We may employ third party companies and individuals to help us facilitate the Services and operate our business (e.g., without limitation, maintenance services, database management, hosting, information technology, payment card processing, email/SMS delivery, customer support, analytics and improvement of the Services’ features) or to assist us in analyzing how our Services are used. For offers purchased directly via Thanx, Thanx utilizes a third party payment processor and a payment orchestration platform to process payment card payments. Please see Stripe’s Privacy Policy and Privacy Policy for more information. Thanx does not store payment card numbers.

Compliance and Protection. Thanx will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate for the compliance and protection purposes described above.

Business Transactions. Thanx may sell, transfer or otherwise share some or all of its assets, including your personal information, with relevant participants in transactions (or proposed transactions) such as a merger, acquisition, reorganization or sale of all or a portion of Taxes assets or in the event of bankruptcy.

Your Choices
Through the Platform, you may have the choices below regarding the collection, use and sharing of your personal information.

Opt-out of offers and promotional communications: You can opt out of promotional emails and text messages sent via the Platform by following the instructions provided in the communication you receive. Please note that if you opt out, you may still receive certain transactional communications regarding the Services, such as updates to the terms applicable to the Services or this Privacy Policy.
Changing or deleting your account information: In addition to your ability to exercise consumer rights as set forth in the Supplemental CCPA and U.S. Privacy Laws Notices - Notice at Collection, you can review, update, correct or delete the personal information accessible from your accounts by contacting support@thanx.com. If you request to delete all your information or any information necessary to maintain your account, then your account may become deactivated.
Google Analytics: The Platform uses Google Analytics to understand how people engage with the Platform and to create reports about how users use the Services. For more information on Google Analytics, click here. For more information about Google’s privacy practices, click here. You can opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.

Merchant may offer additional choices and allow you to exercise any rights accorded to you under applicable laws. For more information, please contact Merchant directly.

Links to Other Sites
The Platform may contain links to other websites. If you choose to visit a third-party link, you will be directed to that third party’s website. A link to a website is not an endorsement, authorization or representation of any affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them, and you should read the privacy policies or statements of the other websites you visit for more information.

Children
The Services are not intended for use by children under 18. If a parent or guardian of a child believes the child has provided personal information without their consent as required by law, please contact support@thanx.com.

Response To "Do Not Track" Signals
Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. The Platform currently does not respond to "Do Not Track" signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Supplemental CCPA and U.S. Privacy Laws Notices - Notice at Collection
This supplemental notice sets forth the disclosures and rights applicable to U.S. residents residing in states which have enacted consumer data privacy laws, including, but not limited to, the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) (collectively, the “CCPA”), federal privacy laws, and the consumer privacy laws enacted in Colorado, Connecticut, Oregon (effective July 1, 2024), Montana (effective October 1, 2024), Texas, Utah and Virginia, Delaware, Iowa, Nebraska, New Jersey, New Hampshire (effective January 1, 2025) and other consumer data privacy laws enacted and effective after the date of this Privacy Policy (collective “U.S. Privacy Laws”).
Thanx collects the categories of personal information (as defined by the CCPA) listed in the table below:

Category	Do We Collect?	How We Collect	Primary Purposes of Processing	Key Recipients & Disclosures	Can You Limit Sharing
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name and password	Yes	When you visit or use the Services; from third-party sites and services; from Merchants	To provide the Services; to improve, monitor, and personalize the Services; communicate with you; for marketing and advertising	Service providers Advertising partners	No Yes
Characteristics of protected classifications under CA or federal law	No	N/A	N/A	N/A	N/A
Commercial information, including but not limited to records of personal property, products or services purchased, obtained or considered	Yes	When you visit or use the Services; Thanx Merchants; Linked Card Processors	To provide the Services; to improve, monitor, and personalize the Services; communicate with you; for marketing and advertising	Service providers Advertising partners	No Yes
Personal information categories listed in the CA Customer Records Statute (e.g., name, contact details)	Yes	When you visit or use the Services; from third-party sites and services	To provide the Services; to improve, monitor, and personalize the Services; communicate with you; for marketing and advertising	Service providers Advertising partners	No Yes
Biometric information	No	N/A	N/A	N/A	N/A
Internet or other electronic network activity information, including information regarding a consumer’s interaction with a website	Yes	When you visit or use our Services	To provide the Services; to improve, monitor, and personalize the Services; communicate with you; for marketing and advertising	Service providers Advertising partners	No Yes
Precise geolocation data	Yes	When authorized by you when you use the Services	To provide the Services, such as to place delivery orders, finding closest Merchant location, verification for loyalty reward redemption, etc.	Service Providers (Subprocessors)	No; however you can disable at any time
Audio, electronic, visual, thermal, olfactory or similar information	No	N/A	N/A	N/A	N/A
Professional information	Yes	When you visit or use our Services	To provide the Services; to improve, monitor, and personalize the Services; communicate with you; for marketing and advertising	Service providers Advertising partners	No Yes
Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act	No	N/A	N/A	N/A	N/A
Inferences drawn from information identified to create a profile about a consumer	Yes	When you visit or use the Services	To provide the Services; to improve, monitor, and personalize the Services; for marketing and advertising	Service providers Advertising partners	No Yes
Sensitive personal information (as defined in CA Civil Code 1798.140 (ae))	Yes; precise geolocation	When authorized by you when you use the Services	To provide the Services, such as to place delivery orders, finding closest Merchant location, verification for loyalty reward redemption, etc.	Service Providers (Subprocessors)	No; however you can disable at any time

Other Potential Third Party Disclosures: Your personal information may also be disclosed to third parties to serve our legitimate business interests as follows: (1) as required by law, such as to comply with a subpoena, or similar legal process, (2) as part of a merger, acquisition, bankruptcy or other transaction in which a third party assumes control of all or part of the business, (3) to investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies as required by law; (4) enforce our agreements with you, and/or (5) investigate and defend ourselves against any third-party claims or allegations.
A. Sale of Personal Information; Sharing of Personal Information Right to Opt-Out
Cookies and other similar technologies may be used to help advertise the Services on other websites or services you might visit. Merchant may also share information with advertising networks and analytics partners to support interest-based advertising, which may qualify as a “sale” or “sharing” of personal information. You can opt-out of our use or sharing of personal information for these purposes through Do Not Sell or Share My Personal Information.
B. Collection of Sensitive Information
Thanx only uses precise geolocation if you have consented by enabling location access through the Services and solely for purposes of providing you with goods or services you have requested.
C. Consumer Rights. Consumers may contact Thanx by email at support@thanx.com with "Privacy Request” in the subject line to exercise the following privacy requests:

1. Request to Disclose At No Charge:
- specific pieces of personal information it has collected about you;
- categories of personal information collected, used, and/or disclosed about you;
- categories of sources from which personal information is collected;
- business and/or commercial purposes for collecting and disclosing your personal information;
- categories of third parties with whom your personal information has been disclosed/shared
2. Request to Delete At No Charge:
Except as exempted pursuant to CCPA 1798.105 and applicable U.S. Privacy Laws, to request to delete personal information. Deletion Requests can be submitted to Thanx be email at support@thanx.com or by mail to Thanx at: Attention: Privacy Request to Delete, 1700 Van Ness Ave #1066, San Francisco, CA 94109
3. Request to Correct At No Charge:
Requests to correct any inaccurate personal information collected by Thanx can be submitted by email to support@thanx.com

D. Verified Request Process
Thanx may ask for additional information to verify your request prior to taking action in response to such request. Under the CCPA and applicable U.S. Privacy Laws, you may also designate an authorized agent to make these requests on your behalf. Authorized agents must demonstrate they have written authorization from you to make requests on your behalf. Thanx may additionally require the consumer to confirm their identity and verify the authorized agent’s permission before complying with any request.

E. Consumer Request Limitations
Please note that these rights are not absolute and in certain cases are subject to conditions or limitations as specified in the CCPA or other applicable U.S. Privacy Laws, including, but not limited to:

Thanx is obligated to disclose/delete only upon a verifiable request.
You may only make a personal information request twice in a 12-month period.
Deletion is not required where it is necessary for Thanx to maintain the personal information to fulfill the purposes enumerated in CCPA Section 1798.105 and applicable U.S. Privacy Laws.

Thanx will confirm and respond to all requests within the timeframe required under the CCPA. In responding to any request to disclose/delete, Thanx shall maintain a record of the requests as required under the CCPA and applicable U.S. Privacy Laws.

F. Non-Discrimination Policy
You have the right not to receive discriminatory treatment for exercising any rights conferred by the CCPA and applicable U.S. Privacy Laws. Thanx shall not discriminate against you for exercising any rights under the CCPA, including, but not limited to, (a) denying goods or services, (b) charging different prices or rates (including discounts/penalties) that are not directly related to the value provided to Thanx for the personal information, or (c) suggesting you will receive a different rate/price or different level of quality of goods/services.

G. Right to Appeal
If you are in a jurisdiction that recognizes your ability to appeal a decision made in connection with your attempt to assert a right under applicable U.S. Privacy Laws, you may file an appeal of our decision refusing your request to exercise your rights under this privacy notice. You may request an appeal of such decision by contacting us at support@thanx.com. Please provide the state that you are writing from, accompanied with documentation you may have regarding the matter you are appealing. Thanx will respond to your appeal request within the timeframe required under the U.S. Privacy Laws applicable to your state of residence.
If your jurisdiction allows you to file a complaint with the state’s Attorney General’s Office regarding any concerns with the result of your appeal request, you may do so by using the following links as may be applicable to you. You may submit a complaint to the Attorney General’s Office by selecting the appropriate link: Virginia (www.oag.state.va.us/consumer-protection/index.php/file-a-complaint), Montana (https://dojmt.gov/office-of-consumer-protection/), Colorado (coag.gov/file-complaint), Connecticut (portal.ct.gov/AG/Common/Complaint-Form-Landing-page), Nebraska (https://www.nebraska.gov/apps-ago-complaints), or by email to privacy@delaware.gov (Delaware) W or AskConsumerAffairs@dca.njoag.go (New Jersey).

H. Your California Privacy Rights under California Civil Code Section 1798.83 & Business and Professions Code Section 22581
California law permits you to request and obtain once a year, free of charge, certain information about your Personally Identifiable Information ("PII") (as defined by California law) disclosed to third parties for direct marketing purposes in the preceding calendar year (if any). If applicable, this information would include a list of the categories of PII that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. In addition, a business subject to California Business and Professions Code Section 22581 must allow California residents under age 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted. Your request should include a detailed description of the specific content or information to be removed. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

I. NOTICE OF FINANCIAL INCENTIVE FOR CALIFORNIA RESIDENTS
The Thanx Services enables you to receive a variety of rewards via loyalty programs in exchange for allowing us to collect and use personal information about you.
When you participate in the Services, you allow us to collect (directly or indirectly), use, and retain personal information on an ongoing basis, as described in this Privacy Policy. This includes personal information such as name, email address, phone number, preferred service locations, and at your option, birth date, gender, and payment data. If you join the Services, in exchange for your participation, you will be able to earn discounts on purchases, free items, personalized customer experiences, prize items, including from the rewards marketplace, reward points, credit towards your account, or other financial incentives, the amount and nature of which will be determined by the extent of your participation in the Services and other factors. We may adjust the Services periodically and will notify you of changes. You can opt into the Services by joining the Services on the mobile application or website, through a third party service, or at the point of sale in a store. You also have the right to withdraw from the rewards program at any time by leaving the Services.
If you wish to stop participating in the Services, you can send an email to support@thanx.com.
The rewards available to you through the Services are based upon the reasonable determination of the value that Thanx receives from collecting and retaining personal information. This estimated value takes into account a variety of factors as permitted by law, including (but not limited to) the expenses incurred in collecting and retaining the information, the expenses incurred in providing rewards to you, and the estimated marginal revenue that derived from information related to a specific loyalty participant and program.

Contact
If you have any questions about this Privacy Policy, please contact us at support@thanx.com.

Last Updated: January 10, 2025