PRIVACY POLICY

This privacy policy (the " Privacy Policy ") explains how Moda Business Solutions, LLC (“ Company ,” “ we ,” or “ us ”) collects, uses, shares, and protects information of users of Company’s websites and any related mobile and other software applications where this Privacy Policy is posted (collectively, the “ Website ”). Please review this Privacy Policy and separate  Terms and Conditions  carefully. Company provides rewards programs, e-gift cards, and related loyalty services on behalf of the business(es) that you have visited. By using the Website, you are using or directing Company to intentionally disclose personal information to and using Company to intentionally interact with the business(es) that you have visited, and the third-party business(es) determines
the purposes and means of processing your personal information. BY USING OR ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE.

This Privacy Policy only applies to Company’s privacy practices. This Privacy Policy does not apply to websites, applications, operating systems, or other platforms of third parties (collectively, “ Third-Party Platforms ”), including if the business(es) that you have visited collects or uses your personal information outside of Company’s services, as a service provider, for that business. Company is not responsible
for the content or practices of any Third-Party Platforms and, if you choose to visit or use them, you do so at your own risk.

1. Who controls your information?

Any information or other data provided to or gathered by Company pursuant to this Privacy Policy is controlled by Company at 12625 High Bluff Drive, Suite 208, San Diego, CA 92130, cs@modabusinesssolutions.com 858.251.4640 and, if applicable, controlled on behalf of the respective third-party business(es) for which Company is acting as a service provider.

2. What types of information do we collect?

“ Information ,” as used in this Privacy Policy, means personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user or household. Examples include a user’s name, mailing address, email address, or IP address. Company
collects and/or has collected over the past twelve (12) months the following categories of information about users of the Website:

• Information You Provide to Us.
  We collect information from you when you voluntarily provide it to us over or for the Website, including as part of registering a user account or participating in a rewards program. Such information may include an individual’s name, email address, telephone number(s), mailing address, and a birthday month.
• Content You Make Public.
  Company collects information from you that you voluntarily upload for public display (“Public Information”), such as when you post a review or public comment. Once you submit Public Information, neither you nor Company are able to control how it may be copied, shared, or used by third parties, even if you and/or Company later delete such Public Information. Accordingly, you should carefully consider what personal information you choose to include within your Public Information.
• Transaction and Payment Information.
  We may gather additional information from you when you utilize services, such as a rewards program, through the Website or contact customer service regarding a transaction. Such information may include your bank account number, credit card number, debit card number, and information regarding your rewards, purchases, customer number, and memberships, if any. If you click on product links or place items in your shopping cart, we may collect or create records regarding your shopping preferences or other purchasing or consuming history or tendencies.
• Device/Internet Connection Information.
  When you use the Website, we automatically gather information made available by the web browser,
  internet service provider, and device you use, depending on the settings for each. For example, we may collect your IP address, device information, and information about when you access the Website.
• Internet Activity Information.
  We may also collect information about your browsing history, search history, and information regarding your interaction with a particular website, application, or advertisement, including the Website.
• Geolocation Information.  We may collect information about where you are located, both generally and at the time you access the Website. For example, we may collect your mailing address or ascertain your approximate location from your IP address.
• Other Information. From time to time, we may collect other information from you, such as when you make a claim for a prize or promotion, request customer service assistance, or voluntarily subscribe to promotions, reminders, or newsletters.
• Inference Information. Company may also create new information about you by drawing inferences from the information identified in the categories listed above, such as to create a profile about you reflecting your rewards and preferences.

3. How and when do we collect information about you?

Company gathers information about you through the following sources and means:

• When you enter or upload information to the Website.
  Company collects information you provide to us, content you make public, transaction and payment information, and geolocation information, when you enter such information on a form on the Website, make a purchase, sign up for newsletters or promotional material, enter contests, upload content, post in a forum, and otherwise interact with the Website.
• When you communicate with us.  Company may also collect information you provide to us, content you make public, transaction and payment information, and geolocation information, from you outside of the Website, such as when you contact customer service, email us, communicate with or provide information to Company via other means, including social media. Information collected off the Website may be combined with data collected through the Website—for example, if you enter information about a rewards program and later call about the program, the information collected in both interactions may be linked.
• Through Cookies, tracking tools, and other automated technologies.  When you use any website, certain information can be automatically collected through technological means. When you access the Website, your web browser may automatically send us device and internet connection information and certain internet activity information as described in Section 2. Company may also use Cookies and web beacon technology to gather device and internet connection information, internet activity information, and geolocation information in certain circumstances.  “Cookies”  are files that are placed on your computer
  or other devices by websites you visit. The primary purpose of a Cookie is to identify you as a unique
  user of the Website. Company uses or reserves the right to use the following types of Cookies to, for example, customize your user experience, keep you logged into the Website, and remember your search terms:

Type of Cookie	Purpose of Cookie
Necessary	Necessary Cookies are essential in order for the Website to display and perform properly. Necessary Cookies are used to identify you, prevent security risks, and to allow you to perform account-related functions.
Preferences	Preferences Cookies are used to store preferences set by you and each user for their account, such as your language preferences. Preferences Cookies improve your experience using the Website.
Analytics and Performance	Analytics and Performance Cookies may collect information on how you and other users interact with the Website. Often, this information is aggregated, as discussed in Section 4, and may be used to improve the Website.
Advertising	We also reserve the right to use Cookies and web beacons placed by us or Third Parties to deliver Personalized Ads that may be of interest to you. We may also use a web beacon in email messages sent to track your response. Cookies and web beacons may help us and our Third-Party advertising partners, if any, ensure you do not see the same advertisements over and over and to identify and block unwanted ads. We may use these tracking tools to better understand your behaviors and browsing activities, and to generate inference information, as discussed in Section 2.

• You can change your Cookie settings in your Internet
  browser ( e.g. , Chrome, Edge, Firefox). If you disable Cookies, some of
  the features of the Website may not function correctly. For more information,
  see  https://www.allaboutcookies.org/ .
• From Third Parties  Company reserves the right to collect the following types of information from Third Parties: transaction and payment information (such as when you have your payment information saved in your web browser); device/internet connection information; internet activity information; and geolocation information. As indicated, Company only acts as a service provider in offering a rewards platform and related goods and services on behalf of the business(es) that you visit. Remember, you can change your Cookie settings in your Internet browser (e.g., Chrome, Edge, Firefox, etc.). For more information, please see the following websites:

https://www.allaboutcookies.org/

www.youronlinechoices.com/uk/your-ad-choices

www.networkadvertising.org/choices

www.aboutads.info/choices

4. How do we use your information?

Company may use the information we’ve gathered from you or your device, including
through Cookies and Third Parties, for the following purposes:

• Business Purposes.  When Company uses your information for a “ Business Purpose ,” it means such
  use is reasonably necessary and proportionate to achieve an operational purpose of the Company. The following are the Business Purposes for which we may use your information:

Business Purpose	Types of Information
For Security.  Company uses the information we collect from you and other users to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and prosecute those responsible for that activity.	Information You Provide to Us; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; GeolocationInformation
To Fulfill Your Orders. We use the information we collect from you to process and manage your rewards, process payments, fulfill your orders, and deliver any purchases.	Information You Provide to Us; Transaction and Payment Information; Device/Internet Connection Information; Geolocation Information
To Improve Our Products and Services. Company uses the information we collect from you and other users to improve our product offerings and services. For example, we may consider analytics, demographics, and user feedback collected via the Website in determining whether there is sufficient demand for a new offering.	Information you Provide to Us; Content You Make Public; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Inference Information
To improve the Website. Company uses the information we collect from you and other users to provide and improve the Website. We use information to debug and identify and repair errors that impair existing intended functionality of the Website. As explained above, we use Cookies, including those placed by Third Parties, to gather statistical information that helps us understand how you and other users engage with the Website and improve its performance via technological development.	Information You Provide to Us; Content You Make Public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Inference Information
To Personalize Your User Experience. We use information gathered from Cookies to authenticate your logins, determine whether you are logged in or not, to allow you to set personal preferences when using the Website, and to make it so you don’t have to reenter the same information when you visit the Website several times within a shorttimeframe.	Information You Provide to Us; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Inference Information
To Communicate with You. We use your information to personalize communication with you, and to respond to your requests regarding your rewards program and any purchases. We may also use your information to notify you of updates to the Terms or this PrivacyPolicy.	Information you Provide to Us; Content You Make Public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Inference Information
To Create Deidentified Aggregate Information.  Company may combine your information with that of other users to create “ Aggregate Information ”—namely, statistical information about all users or a subset thereof. Aggregate Information is pseudonymized and deidentified. In other words, Aggregate Information cannot be used to identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, including you. In turn, Aggregate Information may be used by Company for the Business and Commercial Purposes listed herein.	Information you Provide to Us; Content You Make Public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Inference Information

• Commercial Purposes. When Company uses your information for a “ Commercial Purpose ,” it means such use is intended to advance Company’s business interests, such as by inducing you to buy one of our products or services. The following are the Commercial Purposes for which we may use your information:

Commercial Purpose	Types of Information
To advertise to You.  In certain circumstances, we may use information gathered through Cookies and web beacons, including those placed by Third Parties, to deliver ads to you via the Website, and after you’ve left the Website, including advertising specific to your personal interests. The purpose of this practice, which is sometimes called  “Personalized Ads,” “retargeting,” or “remarketing,” is to deliver content and advertising of interest to you, and to avoid displaying irrelevant advertising to you. You can better learn about such Third-Party data collection and advertising practices, including how to revoke your consent to Personalized Ads, at the following websites: www.youronlinechoices.com/uk/your-ad-choices www.networkadvertising.org/choices www.aboutads.info/choices style=’font-family:”Arial”,sans-serif’>	Information You Provide to Us; Content You Make Public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Inference Information
To build a Profile.  Company may create new information about you by drawing inferences from the information identified in the categories listed above, such as to create a profile about you reflecting your preferences for advertising.	Information You Provide to Us; Content You Make Public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Inference Information
To Advertise to Others. We may share your reviews, comments, and other content uploaded by you to advertise and market our Website.	Content You Make Public

• Scope and Legal Bases for Use

Company only processes your information to the extent that is necessary to accomplish the above-stated Business and Commercial Purposes, which serves as our legitimate interest

5. How do we share your information?

Company may share your information with Third Parties for the following purposes:

• Business
  Purposes.  When Company shares your information for a Business Purpose, it means such use is reasonably necessary and proportionate to achieve an operational purpose of the Company. The following are the Business Purposes for which we may share your information:

Third Parties	Business Purpose	Types of Information
Primary Businesses.  We share your information with the businesses offering you rewards, e-gift cards, and other loyalty incentives, goods, or services. These are the businesses that you visit and for which we are acting as a service provider that offers the rewards platform. We only share your information as directed by you. For example, if you use the Website for rewards for Business A, your information is owned and shared with Business A for the purpose of those rewards.	Security; To fulfill Orders; To Improve our Services and Site; To Personalize Your Experience; for Aggregate Information.	Information you Provide to Us; Content You Make Public; Transaction and Payment Information; Device/Internet Connection Information; Internet Information; Geolocation Information; Inference Information
Service providers.  These Third Parties provide services to Company that allow Company to operate the Website, provide services to customers, communicate with customers, and so forth. Examples include payment processors, email fulfillment providers, shipping providers, customer management services, and so forth.	For Security; To Fulfill Your Orders; To Improve Our Products and Services; To Improve the Website; To Personalize Your User Experience; and to Create Aggregate Information. See Section 4 for more information on these Business Purposes.	Information you Provide to Us; Content You Make Public; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Inference Information
Affiliate Entities.  Should we be subject to an acquisition, merger, sale, or other change of control or business entity status, we reserve the right to transfer or assign your information as part of that acquisition, merger, or sale.	For Security; To Fulfill Your Orders; To Improve Our Products and Services; To Improve the Website; To Personalize Your User Experience; and to Create Aggregate Information. See Section 4 for more information on these Business Purposes.	Information You Provide to Us; Content You Make Public; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Inference Information
Government Officials and Private Parties Pursuant to Valid Legal Process.  We may disclose your information in response to subpoenas, court orders, and other legal processes. In very rare circumstances, we may disclose personal information when we believe it is necessary in order to prevent illegal, fraudulent, or injurious actions that may cause harm to individuals.	To comply with Company’s legal obligations and to prevent illegal, fraudulent, or injurious actions that may cause harm to individuals.	Information You Provide to Us; Content You Make Public; Transaction and Payment Information; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Inference Information

• Commercial
  Purposes.   When Company shares your information for a Commercial Purpose, it means such disclosure is intended to advance Company’s business interests, such as by advertising our products or services. The
  following are the Commercial Purposes for which we may share your information with Third Parties:

Third Parties	Commercial Purpose	Types of Information
Advertising Partners.  We reserve the right to disclose your personal information as needed to our Third-Party advertising partners, if any. For example, we reserve the right to share information gathered through Cookies and tracking technology, if any, to allow a Third Party to advertise products and services to you after you leave the Website.	To Advertise to You, including through Personalized Ads.	Information You Provide to Us; Content You Make Public; Device/Internet Connection Information; Internet Activity Information; Geolocation Information; Inference Information
Other Consumers.  We may share your reviews, comments, and other content uploaded by you to advertise and market our Website, including by reposting your public content.	To Advertise to Others.	Content You Make Public

6. Do we sell your information to others?

No.  Company does not sell consumers’ personal information  and has not sold consumers’ personal information.

7. How do we protect your
information?

Company, and the Third-Party vendors we use to store your information, employ technical, administrative, and physical security measures (such as SSL encryption and HTTPS protocol) that are designed to protect against the loss, misuse, and alteration of the information under our control. However, no system can be completely
secure. Therefore, although we take steps to secure your information, we cannot promise, and you should not expect, that your personal and commercial information, or other communications, will always remain secure. The safety and security of your information also depends on you. Never share your account information with anyone else and notify us as soon as possible if you believe security has been breached.

8. How long do we keep your information?

Company will retain your information for the length of time necessary to fulfill the Business Purposes and Commercial Purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law or valid court order. If you request deletion of your information pursuant to Section 10 below, your
request will be processed according to the timeframes indicated therein and/or pursuant to any applicable legislation.

9. Do we transfer your information to a different country?

If you are visiting the Website from a location outside of the United States, your connection will be through and to servers located in the United States, and all information you provide will be processed and securely maintained in our web servers and internal systems located within the United States. By using the Website,
you authorize and specifically consent to the transfer of personal data to the United States and its storage and use as specified above when you provide such information to us.

10. What are your rights when it comes to accessing, correcting, or deleting your information, and how can you exercise them?

You may be entitled to access information collected and retained about you for purposes of correcting, accessing, or deleting such information. Because we are merely a service provider for third-party businesses, if you want to correct, access, or delete information, or if you have any questions about privacy practices, you may contact the third-party business(es), which are offering you the rewards, loyalty points, and other goods and/or services, directly. You may have the right to request that these third-party business(es) disclose the following:

• The categories of personal information collected about you;
• The categories of sources from which the personal information is collected;
• The business or commercial purpose for collecting personal information;
• The categories of third parties with whom personal information is shared; and
• The specific pieces of personal information collected about you.

Under California’s “Shine the Light” law, California residents who provide personal information may also request certain information regarding disclosure of personal information to third parties for direct marketing purposes, if any. If you have any questions regarding Company’s specific privacy practices, please contact us at cs@modabusinesssolutions.com or 858.251.4640.

11. How do we protect the privacy of children?

Company will never knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that we have collected personal information about a child under the age of 13, that information will be deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to Third Parties. We have designed this policy in order to comply with the Children’s Online Privacy Protection Act (COPPA).

12. How can you receive and opt-out from marketing communications?

By providing your email address to Company through the Website or an email initiated by you,  you consent to receive emails from us, including information concerning your account and advertising messages . Providing consent to promotional emails is NOT a condition of purchasing any goods or services. You can unsubscribe to advertising emails at any time by clicking the unsubscribe link within the email, logging into your account and following unsubscribe instructions, or by contacting us at 858.251.4640 cs@modabusinesssolutions.com  . Please note that, even if you unsubscribe from advertising emails, we will
still send you any necessary emails about your purchase, account, or updates to our Privacy Policy and Terms and Conditions.

13. Do we respond to Do Not Track (DNT) Signals?

DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked. Company does not currently respond to DNT requests.

14. How will you know when we change the Privacy Policy?

Each time you use the Website, the then-current version of this Privacy Policy will apply. Unless we receive your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy, and not to information collected under any earlier version, unless otherwise required by law.

15. How can you contact us regarding this Privacy Policy?

The Website may contain a feature to contact us through your account, which can be used for electronic contact. If you use this option, the data entered by you in the form will be transmitted to us and stored as part of your information. Alternatively, you can contact us at  cs@modabusinesssolutions.com  858.251.4640.
In this case, your information transmitted may be stored. If needed, your information will be relayed to our Third Party partners to for the sole purpose of processing any request by you in the communication.