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JEMMWORKS PRIVACY NOTICE

Last Updated: 7/1/21

This privacy notice (“Privacy Notice”) discloses how we collect, use, share, or otherwise disclose information that we collect about you through the Jemmworks website (www.jemmworks.com), online platform, mobile apps, and/or any other means of technology and communication used for the purpose of administering the promotion and sale of JemmVouchers (collectively, the “Jemmworks Platform”) and our services (“Services”). “We” refers to Jemmworks, LLC (“Jemmworks”, “we”, “us”, or “our”), and we take all matters of privacy very seriously.

Please read this Privacy Notice carefully. By visiting and using the Jemmworks Platform and our Services, you agree that your use of the Jemmworks Platform and Services, and any dispute over our privacy practices, is governed by this Privacy Notice and our Terms of Use. We may need to change our Privacy Notice from time to time, in which case we’ll post the revised Privacy Notice on the Platform and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Platform or Services after we post any such changes, you accept the Privacy Notice as modified.

How We Collect Information

Information That You Provide to Us

We may collect and store information, including personally identifiable information (including but not limited to your name, address, telephone number, or email address) or other information that you voluntarily supply to us while on the Jemmworks Platform or using our Services. Some examples of this type of information include information that you electronically submit when you complete an online registration to access and use certain features of our Site, and information that you post on discussion forums, review pages, or other community posting and social networking areas on the Jemmworks Platform. We also may ask for information (including a credit card number and other financial information) from those users who make purchases or have payment transactions on the Jemmworks Platform or related to our Services. If you decline to supply or provide us with certain information while using the Jemmworks Platform, you may not be able to use or participate in some or all of the features offered through the Jemmworks Platform.

Information We Collect Automatically as You Use the Jemmworks Platform or Services

We also collect and store non-personally identifiable information that is generated automatically as you navigate through the Jemmworks Platform or use our Services. For example, we may collect commercial information such as your order history. We may use cookies, web beacons and similar technologies (collectively “cookies”), to collect non-personally identifiable information about Jemmworks Platform users and site activity. The information collected allows us to analyze how users use the site and to track user interests, trends and patterns, thus allowing us to deliver more relevant product and service suggestions to users.

By showing how and when visitors use the Jemmworks Platform, cookies help us identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Jemmworks Platform where you may have entered preference information before. The Jemmworks Platform also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Jemmworks Platform or open HTML-formatted email messages. For Jemmworks Platform visitors that are not logged into their account, we do not employ tracking cookies or otherwise store device or location information. With respect to those who are logged into their accounts, however, we do store some device and location information, but it is redacted and decoupled from your user records once you request your information be deleted as applicable. See California Privacy Rights Notice, below.

The information we collect may be collected directly by us, or it may be collected by a third-party website hosting provider, or another third-party service provider, on our behalf.

Your Choices

If you want to limit the non-personally identifiable information that is automatically collected while you use the Jemmworks Platform, most Web browsers allow you to disable cookies. To disable cookies using Internet Explorer, select “Internet Options” under the Tools menu and click on “Privacy.” Select “High” or “Block All Cookies.” To disable cookies using Mozilla Firefox, select “Options” under the “Tools” menu. If you choose to disable cookies, you may not be able to use or participate in some or all of the features offered through the Jemmworks Platform.

Information Made Available to Your Employer

Your Employer, including any designated representative/s of Employer, shall have the right to view, download, and retain details of your Jemmworks usage, including but not limited to your total jemms available, remaining jemm balance, specific JemmVouchers purchased, total number of JemmVouchers purchased, total jemms spent, activities attended, a breakdown of general types/categories of activities attended, products purchased, charities attended, aggregate data pertaining to your Jemmworks activity, and aggregate data pertaining to the Jemmworks activity of all Jemmworks Users whose accounts are provided by the Employer.

How We Use Information

We use the information we collect from you in a variety of ways, including, for example, to process your registration request, provide you with services and communications that you have requested, send you email updates and other communications, customize features that appear on the Jemmworks Platform, deliver the Jemmworks Platform content or Services to you, measure Jemmworks Platform traffic, measure user interests and traffic patterns, recognize you as a customer, measure promotional effectiveness, help ensure that your account security is not compromised, mitigate risk and prevent fraud, promote trust and safety across the Jemmworks Platform, make our services more useful to you, tailor the experience with us, ensure our Services meet your interests and needs, facilitate communication between us and you, enforce our agreements with you, provide you information we think may interest you such as company news and information about certain products and promotions, deliver marketing materials to you, respond to government-issued or other legal requests, and improve the Jemmworks Platform and the Services.

In addition, we may use any information submitted by or collected from you via the Jemmworks Platform for any purpose related to the Jemmworks Platform, including to contact you for customer service purposes, to inform you of important changes, administration information, or additions to the Jemmworks Platform or Services, and to send you administrative notices and any other communications that we believe may be of interest to you.

How We Share Information

We may share your information with our affiliates, third-party service providers, and contractors, for purposes related to the Jemmworks Platform administration and our Services. For example, if you use a credit or debit card to complete a transaction on the Jemmworks Platform, we may share your personal information and credit card number with a credit card processing and/or a fulfillment company in order to complete your transaction, or such service provider(s) may collect that information from you directly, on our behalf. We also share your information in response to a request for information if we believe disclosure is in accordance with, or required by, applicable law; if we believe your actions on the Jemmworks Platform are inconsistent with our user agreements or policies or to protect the rights, property or safety of us or others; in connection with, or during negotiations of any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; between and among our current or future parent, subsidiary and/or affiliated companies; with our business partner; with your consent or at your direction; as required to do so by law, in compliance with a legal process or in the good-faith belief that such action is necessary to investigate, protect or to defend the rights, safety or property of us, our customers or the public; to investigate or enforce perceived violations of our Terms of Use or this Privacy Notice; as evidence in litigation in which we are involved; and for fraud protection and credit risk reduction purposes.

We also may make some content, products, and services available through the Jemmworks Platform through cooperative relationships with third-party providers, where the brands of our provider partners appear on the Jemmworks Platform in connection with such content, products and/or services. We may share with our provider partners any information you provide, or that is collected in the course of visiting any pages or purchasing any products, or services (via JemmVouchers) that are made available in cooperation with our provider partner.

We may also share aggregated information, which is information that cannot reasonably be used to identify you to third parties.

Links and Third-Party Relationships

The Jemmworks Platform may include links to other websites and may provide access to products and services offered by third parties. We are not responsible for the privacy practices or contents of such other websites. When you access another website or purchase products or services from a third party, use of any information you provide is governed by the privacy notice of the operator of the site you are visiting or the provider of such products or services. Please read the privacy statements of each website you visit as this Privacy Notice only applies to information collected by us through the Jemmworks Platform or our Services.

Eligibility to Use Jemmworks Platform and Notice to Residents in Countries Outside the United States

The Jemmworks Platform and our Services are intended for use by residents of the United States only. We do not provide any products or services to non-U.S. residents. If you live outside of the United States, you are not permitted to use our Site. Do not register or submit your email or any information to us.

If you are located outside of the United States, be advised that any information you provide to us will be transferred to and stored in the United States and that, by submitting information to us, you explicitly authorize its transfer and storage within the United States. We will treat personal information according to this Privacy Policy regardless of where it is processed or stored.

Information You Post to Discussion Forums, Reviews, and other Community Posting Areas of the Jemmworks Platform

Please keep in mind that whenever you voluntarily make your personal information or other private information available for viewing by third parties online—for example, posting a comment or review on discussion forums or any community posting or social networking area of the Jemmworks Platform - that information can be seen, collected, and used by others besides us. We are not responsible for any unauthorized third-party use of such information.

California Privacy Rights Notice

This portion of the Privacy Policy applies solely to California consumers (“consumers” or “you”). We have adopted this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. The purpose of this notice is to provide you with a description of our online practices regarding the collection, use, disclosure, and sale of personal information and of the rights you have regarding your personal information. As used in this notice, any terms defined in the CCPA have the same meaning when used in this notice.

Shine the Light

Pursuant to Section 1798.83-.84 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, what types of personal information, if any, the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, please contact us by emailing support@jemmworks.com with “CA Shine the Light Request” in the subject line. Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email.

California Consumer Privacy Act (“CCPA”)

Your Right to Know About the Personal Information We Collect About You

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”). The sections above titled “How We Collect Information,” “How We Use Information,” and “How We Share Information” set forth the categories of personal information that we collect and process about you, a description of each category, and the source of how we obtain each category. Specifically, the information we may collect includes identifiers, such as your name, postal address, telephone number, user name, and/or email address; personal protected information categories including your name, address, telephone number, and/or credit card information; commercial information, such as order history; and Internet activity in the form of your interaction with the Jemmworks Platform.

Your Rights and Choices

Under California Laws, California residents can exercise three privacy rights (Disclosure and Access; Deletion; and “Do Not Sell My Personal Information”) (collectively, “Rights”). Since we do not sell information, based on our understanding of the definition of “sell” in the CCPA, that right will not be discussed in any more detail. These Rights are not absolute and are subject to certain exceptions, including certain applicant/employment data/relationships and business-to-business (B2B) data/relationships. Further, and by way of example as to the limitations of some of the Rights, we cannot disclose or permit access to specific pieces of personal information if the disclosure or access would present a certain level of risk to the security of the personal information, your account with us, or the security of our systems or networks.

A record concerning the requests may be maintained pursuant to our legal obligations. Further, we may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive, or manifestly unfounded.

Disclosure and Access Requests

With respect to your right to know the categories of Personal Information we collected about you, under the CCPA we are permitted to refer you to our general practices outlined in this Privacy Policy, because our response would be the same for all consumers and this Privacy Policy discloses all the information that is otherwise required to be in a response to a request to know such categories. Specifically, in the prior 12 months, we have collected the following categories of Personal Information (“PI”):

Deletion Request Rights

You have the right to request that we delete personal information that we collected about you and retained, subject to certain exceptions. In order to request deletion of the personal information we collected about you, please e-mail us at support@jemmworks.com. We do not retain personal information other than for registered users.

Once we receive your request made through your account, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. A deletion request may be denied, in full or in part, if retaining the information is necessary for us or our service providers to:

1. 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, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for be law.
5. Comply with the California Electronic Communicaitons Privacy Act (Cal. Penal Code § 1546 seq.).
6. 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.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If you need further assistance exercising the Disclosure and Deletion rights described above, please contact us by e-mailing us at support@jemmworks.com.

Request Made Through Agents

You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, verify the agent’s identity, and we may need you to verify your identity directly with us. (The verification requirement does not apply if the consumer has provided the authorized agent with legal power of attorney under California Probate Code Sections 400 to 4465.)

Non-Discrimination

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.

Children’s Privacy Statement

This Children’s Privacy Statement explains our practices with respect to the online collection and use of personal information from children under the age of 18, and provides important information regarding their rights under federal law with respect to such information.

• The Jemmworks Platform is not directed to children under the age of 18 and we do not knowingly collect personally identifiable information from children under the age of 18 as part of the Jemmworks Platform. If we become aware that we have inadvertently received personally identifiable information from a user under the age of 18 as part of the Jemmworks Platform, we will delete such information from our records.
• Because we do not collect any personally identifiable information from children under the age of 18 via the Jemmworks Platform, we also do not knowingly distribute such information to third parties.
• We do not knowingly allow children under the age of 18 to publicly post or otherwise distribute personally identifiable contact information through the Jemmworks Platform.
• Because we do not collect any personally identifiable information from children under the age of 18 via the Jemmworks Platform, we do not condition the participation of a child under 18 in the Jemmworks Platform online activities on providing personally identifiable information.

How to Make Changes to Your Information

If you are a registered member of the Jemmworks Platform, you can make changes to your account information by logging in to the Jemmworks Platform and using the account tools available via the Jemmworks Platform. If you have any questions about modifying your account or preference information, please email us at support@jemmworks.com.

Storage of Information

All information we gather on the Jemmworks Platform is stored within a database to which only we and our hosting services provider are provided access. However, as effective as the reasonable security measures implemented by us may be, no physical or electronic security system is impenetrable. We cannot guarantee the security of the Jemmworks Platform servers or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the internet.

Questions Regarding Privacy

If you have any questions about this Privacy Notice, our privacy practices, or your dealings with us, please e-mail us at: support@jemmworks.com.

Community Rules

The Jemmworks Platform may include a variety of features, such as discussion forums, review pages, blogs, photo and video sharing pages, and social networking features, which allow users to interact with each other and third parties on the Jemmworks Platform and to post content and materials for display on the Jemmworks Platform.

Responsibility for what is posted on the Jemmworks Platform or sent via any e-mail or messaging services that are made available via the Jemmworks Platform, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Jemmworks Platform.

Comments

As we are alerted to them, we reserve the right at all times, but do not assume the obligation, to remove comments including, but not limited to, the following types of specific information or language:

• Potentially libelous statements. In general terms, that means a comment that states or implies a false fact that harms a person’s reputation (as opposed to expressing an opinion);
• Sexually explicit or crude sexual comments;
• Threatening statements or statements that suggest violent acts;
• Crude comments about a child;
• Swearing or obscenity;
• Derogatory phrases to define a group of people;
• Nasty name-calling. If the number of unacceptable comments on a post or thread gets out of control, we may turn off commenting on that item.

This Website

In addition, by accessing and using any feature on the Jemmworks Platform, you represent and agree that you:

• Will not restrict or inhibit any other user from using and enjoying the Jemmworks Platform.
• Will not use the Jemmworks Platform to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Will not interfere with or disrupt any servers or networks used to provide the Jemmworks Platform or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Jemmworks Platform;
• Will not use the Jemmworks Platform to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
• Will not gain unauthorized access to the Jemmworks Platform, or any account, computer system, or network connected to the Jemmworks Platform, by means such as hacking, password mining or other illicit means;
• Will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Jemmworks Platform;
• Consistent with the Jemmworks Platform’s commenting policies you will not use the Jemmworks Platform to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• Will not use the Jemmworks Platform to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
• Will not use the Jemmworks Platform to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
• Will not gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Jemmworks Platform;
• Will not contact anyone who has asked not to be contacted;
• Will not use the Jemmworks Platform to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
• Will not use the Jemmworks Platform to post or transmit any information, software or other material that contains a virus or other harmful component;
• Will not repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• Will not take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Jemmworks Platform (such as submitting an excessive number of messages – i.e. a flooding attack), or that otherwise negatively affects other users’ ability to use the Jemmworks Platform and/or services;
• Will not use automated means, including spiders, robots, crawlers, data-mining tools, or the like to download data from the Jemmworks Platform. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Use. We reserve the right to deny access to the Jemmworks Platform or any features of the Jemmworks Platform to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes upon the rights of others.

All users of the Jemmworks Platform are reminded that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our Terms of Use; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of the Jemmworks Platform, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.