ENDIGITAL TERMS AND CONDITIONS AND PRIVACY POLICY

Last Updated: July 23, 2020

 

EnDigital knows that you take your privacy seriously. We do, too. We intend to be transparent with you about our data practices and to give you control over information we collect about you (your “Data”), some of which may identify you or from which you may be identified (“PII”).

This is the Privacy Policy for EnDigital and its wholly owned subsidiaries (collectively, “EnDigital”, “we”, “us” or “our”).

1. EnDigital Users.

Below are the types of Data we collect about EnDigital Users and the ways in which we may collect, use and share that Data.

1.1 Information we collect and how we use it:

We may collect and store information about you in connection with your use of the Service, including any information you transmit to or through the Service. We use that information to provide the Service’s functionality, fulfill your requests, improve the Service’s quality, engage in research and analysis relating to the Service, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Service, and comply with legal obligations.

1.2 Data Collected When You Use Our Consumer Services:

If you opt-in, we automatically receive Data about your location and/or IP address whenever you interact with, or use, the Consumer Services. We use various technologies to determine your location, such as the location services of your operating system or browser, sensor data from your device (e.g. magnetometer or barometer, Bluetooth data, beacon data, Wi-Fi access points, GPS data, and cell tower data), and other Data that may help us to understand your precise location. We may also collect additional Data about you when you use the Consumer Services. For example, we receive Data:

  • relating to how you interact with the Consumer Services, such as your search terms, what pages you view, your access times, the time you spend on each page, your IP address, the redirected pages, or any messages you write to other users or post to the Consumer Services;
  • Relating to your device, such as your hardware model, operating system, unique ID, browser type, language, and wireless network; and
  • Collected by cookies and other technologies, such as cookie ID, advertising ID or other unique advertising ID, web beacons, local storage and pixels. You can control certain types of cookies through your browser settings or other tools. You may review our Cookie Policy for further information.

If you use our Apps and have enabled background location services in our Apps, you have permitted us to collect the above Data about you in the background even when you do not have the Apps open (as permitted by your device settings). You may turn off location services at any time by going to your device settings and toggling off background location. 

1.3 Data Received From Third Parties

We may receive Data about you from third parties, including Enterprise Customers and/or third parties with services that interact with the Consumer Services or that provide services to us, such as unaffiliated apps and websites. This Data may include Data about your activity when using the Consumer Services or on unaffiliated websites and apps, or Data received from web browsers or operating systems such as browser types and settings, the operating systems, device models, carriers, location information, IP address, mobile device and advertising identifiers. 

1.4 How Is My Data Used?

We may use your Data to operate and maintain the Consumer Services, and to understand you better and tailor the Consumer Services to you. If you download more than one App, we may combine your Data provided in each App. If you use the Consumer Services when you are not logged into your EnDigital account, when you subsequently log into your EnDigital account, we may combine Data collected while you were not logged in with your EnDigital account.

We may also use your Data for research and development, to improve the Consumer Services, or to offer new products, features and tools, but only to the extent that this is in compliance with applicable law. 

We also may use your Data to help us map Locations (as defined below). For example, we may use device signals to determine that a particular device is within a particular venue. Additionally, if you consent to sharing crash data (when the Apps crash) with us, we may use that data to help us analyze the cause of the crash.

We may use your Data to communicate with you, including by email, text (only if you opt-in), or in our Apps, about new product offerings, updates to the Consumer Services, or anything else we think may be of interest to you. You can opt out of receiving marketing and promotional communications here.

Protection Of Our Rights: We may use your Data to protect the rights, property or safety of EnDigital, the Consumer Services, our users and employees, or any third party. For example, we may use your Data if we need to enforce or apply our Terms of Service or Policies.

1.5 Shared Data.

We neither rent nor sell Data about users without their consent unless anonymized, aggregated or pseudonymized. Though, as described more fully in this Privacy Policy, we may license or otherwise provide certain other Data to third parties, provided we have received your consent to do so.

When you use the Consumer Services, your authorized friends may see some of your PII, such as your name, email address, phone number associated with your account, profile photo, hometown, mayor ships and badges/stickers, and links to your Twitter and Facebook accounts (if you decide), a list of your friends, a map of your check-in history, any content or comments that you post, and which Apps you use. 

Except as permitted under this Privacy Policy, we will only share your PII with your consent. For example:

  • If you consent or authorize a third-party app to access your EnDigital account, we may share your Data with such third party app. You can revoke your consent at any time in your EnDigital account profile settings.

Some features and functionality in our Apps may require that you provide your location. If you have your location services turned on, whenever you open and use or interact with our Apps (e.g. write a tip or check in to a restaurant) on your mobile device, we collect and use your location data from your mobile device (e.g., latitude and longitude) to tailor the Consumer Services to your current location (i.e. we’ll show you a list of nearby locations, and tips). We will only process your location data with your permission. If you have background location data turned on by granting us permission through your device’s location settings and in your privacy settings, we will, from time to time, obtain your device’s location even if you are not directly interacting with the Apps. Other than in an anonymized, pseudonymized or aggregated form, your location is never shared with others, except with your consent or as permitted under this Privacy Policy.

  1. Cookies.

We may use technologies like cookies, pixels, web beacons, local storage and other identifiers on our Sites, in our emails, within our Apps and sometimes in third party apps that use our API or SDK to provide you with a range of products and services. We use these technologies for a number of purposes, such as for authentication, security, preference settings, advertising and analytics. We sometimes work with advertisers or other partners, and advertising service providers to serve ads to you on the Consumer Services, or a third party website or app, that may be relevant to you based on your interaction with the Consumer Services, including places you have “checked in”.

You can control cookies through your browser settings and other tools. 

The purposes for which we use Cookies in the Service include:

    • Processes: Intended to make the Service work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account.
    • Authentication, Security, and Compliance: Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use Cookies to determine if you are logged in.
    • Preferences: Intended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to send push notifications to your phone.
    • Notifications: Intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it.
    • Advertising: Intended to make advertising more relevant to users and more valuable to advertisers. For example, we may use Cookies to serve you interest-based ads, such as ads that are displayed to you based on your visits to other websites, or to tell us if you have recently clicked on an ad.
    • Analytics: Intended to help us understand how visitors use the Service. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.

If you have questions about accessing, updating, or deleting your Data, please email [email protected] 

  1. Your legal rights

Subject to applicable law, you may have a number of rights regarding the processing of your PII, including:

  • the right to request access to, or copies of, your PII that we process or control, together with information regarding the nature, processing and disclosure of that PII;
  • the right to request rectification of any inaccuracies in your PII that we process or control;
  • the right to request, on legitimate grounds:
  • deletion of your PII that we process or control; or
  • restriction of processing of your PII that we process or control;
  • the right to object, on legitimate grounds, to the processing of your PII by us or on our behalf;
  • the right to have your PII that we process or control transferred to another data controller, to the extent applicable;
  • where we process your PII on the basis of your consent, the right to withdraw that consent; and
  • the right to file a complaint with a Data Protection Authority regarding the processing of your PII by us or on our behalf.

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Privacy Policy, or about our processing of your PII, please use the contact details provided below.

  1.  Security

We use various safeguards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

  1.  Children under 13

Neither the Consumer Services are directed to individuals who are under 13 years of age. We do not knowingly collect any Data from children under 13. If you notice or suspect that a user is under 13, please contact us immediately at [email protected]

  1.  Changes to this Privacy Policy

EnDigital may amend this Privacy Policy from time to time. We encourage you to regularly check this page to review any changes we might make in accordance with this Privacy Policy. If we make material changes in the way we use your Data, we will notify you by posting an announcement on our Sites or Apps, or by sending you an email (if we have your email). If permitted by law, users are bound by any changes to this Privacy Policy when they use the Consumer Services and Enterprise Services after such changes have been first posted.

  1.  Contact Us

If you have any questions or concerns regarding this Privacy Policy, please send a detailed message to: [email protected] or EnDigital address. We will make every effort to resolve your concerns.