Disclosures
myBalto Foundation Terms of Use
These Terms of Use (“Terms”) govern your access to and use of this website located at http://mybaltofoundation.org (including all content and underlying technology, the “Site”), which is made available by myBalto Foundation (“myBalto Foundation,” “we,” “us,” or “our”). These Terms apply to all users of the Site.
By accessing or using the Site or by entering into any agreement with myBalto Foundation that governs access to or use of the Site, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be prominently posted on the Site.
These Terms of Service were last updated on 6 May 2022.
Privacy Policy
We may collect certain information about you and from your use of the Site as described in our Privacy Policy, which is incorporated into and made a part of these Terms and describes our information collection, use, and sharing practices.
Intellectual Property Rights
The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content (including any and all books, publications, training materials, and educational resources), and the design, selection, and arrangement of content are exclusively the property of myBalto Foundation or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to myBalto Foundation or any third party is prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Except as may be expressly described in these Terms, no licenses or other rights, express or implied, are granted by myBalto Foundation to you under any patent, copyright, trademark, trade secret, or other intellectual property right of myBalto Foundation and all such rights are reserved and retained by myBalto Foundation.
Copyright © 2023 myBalto Foundation. All rights reserved.
Your Warranties
- You have the authority to enter into these Terms;
- You are at least eighteen (18) years of age;
- You are under no contractual obligation that will interfere with your ability to perform under these Terms;
- You will not access or use the Site in any manner not permitted by these Terms;
- You will perform your obligations and exercise your rights under these Terms in compliance with all applicable laws and regulations (including any applicable export or import laws or regulations); and
- All information you provide in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
Use Restrictions
You will NOT, nor will you permit any person to:
- Access or use the Site for purposes other than as expressly permitted by these Terms;
- Access or use the Site for unlawful purposes;
- Obscure, remove, alter, or modify any copyright, trademark, or other proprietary markings, designations, or notices in or on the Site;
- Provide inaccurate, incomplete, or out-of-date information via the Site;
- Impersonate or attempt to impersonate another person, business, or Site user;
- Commit fraud or falsify information in connection with your use of the Site;
- Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose;
- Access or use the Site to develop, create, produce, enhance, or add to any database;
- Access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
- Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site;
- Submit or provide through or using the Site any information or content that is defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the rights of third parties;
- Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks;
- Engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult;
Access to myBalto's Charity Technology
This section applies to you if you access any website (https://charity.mybalto.com or https://vet.mybalto.com) or platform (“myBalto Charity Technology") through or using the Site. Provided you comply with their Terms and Conditions and Privacy Policy of the respective myBalto Charity Technology. The myBalto Foundation does not grant access to such service. You acknowledge and understand that the use restrictions set forth above in these Terms, without limitation are for information purposes only, and prohibit you from downloading, screen-grabbing, taking screenshots of, or capturing, copying, or saving in any manner the myBalto Charity Technology.
Your Account
You may be required to create an online myBalto Foundation account in order to make purchases through or use other features of the Site. You will be required to submit certain information in order to create your account. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately at support@mybaltofoundation.org.
Termination of Access
myBalto Foundation may, for any reason and in its sole discretion, suspend, deactivate, or terminate your Site account or your use of the Site, and may terminate these Terms, without notice or liability, including if you breach these Terms or any other applicable agreement, upon any unauthorized use of your myBalto Foundation account, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Site to you. If we suspend, deactivate, or terminate your myBalto Foundation account, you will not create another account without our prior written permission. You may terminate your account at any time by contacting us using the contact information below.
Additional Terms
Your access to or use of certain features or functionality of the Site may be subject to additional terms, conditions, rules, or policies (together, “Additional Terms”). All applicable Additional Terms are incorporated by reference into these Terms.
Changes to this Site
Any materials, publications, products, or features made available through the Site are subject to availability. myBalto Foundation may change the Site and the materials, publications, products, and features made available through the Site at any time without notice or liability.
No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND MYBALTO FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
MYBALTO FOUNDATION DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, NOR DOES MYBALTO FOUNDATION WARRANT OR GUARANTEE THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SITE IS ACCURATE OR RELIABLE. MYBALTO FOUNDATION DOES NOT WARRANT OR GUARANTEE THAT AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. MYBALTO FOUNDATION IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON OR RELATED TO THE SITE. MYBALTO FOUNDATION HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ACCESS THERETO MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, WIRELESS NETWORKS, TELECOMMUNICATIONS, AND ELECTRONIC COMMUNICATIONS. MYBALTO FOUNDATION IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES, DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS OR ANY OTHER PROBLEMS OUTSIDE OF MYBALTO FOUNDATION'S REASONABLE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS SERVICES, THE INTERNET, WIRELESS NETWORKS, AND ANY THIRD-PARTY SOFTWARE OR CONTENT.
WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM MYBALTO FOUNDATION OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
Indemnification
You will indemnify, defend, and hold harmless the myBalto FoundationParties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Site (b) your misuse of or reliance on any content, material, data, or information viewed, downloaded, or otherwise accessed or obtained from or using the Site, (c) your order of products through the Site, (d) your donations made through the Site, (e) your submission of information, documents, and other content (including personal information) through or using the Site, (f) your violation of or noncompliance with applicable laws or regulations, (g) your breach of these Terms or any other applicable agreement, or (h) your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Force Majeure
myBalto Foundation will not be liable to you or to any third party for any delay or other failure to perform under these Terms that is due to causes beyond myBalto Foundation's control, including without limitation acts of God, terrorism, civil disorders, labor disputes, shortages, riot, war, strikes, acts of a public enemy, acts of the United States of America, any state, territory, or political division thereof, or any other nation or government, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, epidemics, pandemics, acts or omissions of third parties, telecommunications failures, Internet failures, and similar causes and events.
Linking to the Site
If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link unless you request a graphic badge from myBalto Foundation, in which case you may use any graphic badge provided by myBalto Foundation to link to the Site, and, in any case, the link must be clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with myBalto Foundation's names or trademarks; (d) the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by any myBalto Foundation Party; and (e) the link, when activated by a user, must display the Site full-screen and not within a frame or mirror. myBalto Foundation reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
Third-Party Websites and Services
The Site may link to, or be linked to, websites and services not maintained or controlled by myBalto Foundation. Those links are provided as a convenience and myBalto Foundation is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or services or any products or services made available through those websites or services. Please take care when leaving the Site to visit a third-party website or service. You should read the terms of use and privacy policy for each website and service that you use.
Feedback
myBalto Foundation welcomes comments regarding the Site. If you submit comments or feedback regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you except as may be prohibited by law.
Governing Law
These Terms are governed by the laws of the state of Illinois, without regard to its conflict of law principles, and, as applicable, the federal laws of the United States. Venue is exclusively in the state or federal courts, as applicable, located in Cook County, Illinois, with respect to any dispute arising under these Terms unless otherwise determined by myBalto Foundation in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. The United Nations Convention for the International Sale of Goods does not apply. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to the Site more than one (1) year after the claim arises.
Audit
myBalto Foundation and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Site in order to determine your compliance with these Terms.
Relationship of the Parties
myBalto Foundation is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between the parties or their respective employees, contractors, or agents.
Entire Agreement
These Terms, including our Privacy Policy and any applicable Additional Terms, are the entire agreement between you and myBalto Foundation with respect to your access to and use of the Site (including your order of products using the Site). myBalto Foundation's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by myBalto Foundation.
If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, that provision will be ineffective in that jurisdiction to the extent of the invalidity or unenforceability, without invalidating any other provision of these Terms. The headings in these Terms are for convenience only and will not affect the construction or interpretation of these Terms.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You will not assign these Terms without our prior written consent. Any attempted assignment by you without our prior written consent will be void. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties’ respective successors and assigns.
These Terms do not confer any rights, remedies, or benefits upon any person other than you and myBalto Foundation, except that Webflow, Inc., our website hosting services provider, are third-party beneficiaries of these Terms.
Survival
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.
Electronic Communication
These Terms and any other documentation, notices, or communications between you and myBalto Foundation may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of these Terms and all documentation, notices, and communications for your reference.
Contact Us
Please direct any questions and concerns regarding these Terms or the Site to us by email at support@mybaltofoundation.org, by telephone at (619) 310-9902, or by mail at myBalto Foundation, 3714 Villa Ter, San Diego, CA 92104 United States.
myBalto Foundation Privacy Policy
Your privacy is important to us. It is myBalto's policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, http://mybaltofoundation.org, and other sites we own and operate.
Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.
In the event our site contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our site.
This policy is effective as of 1 May 2023.
Last updated: 1 May 2023
Information We Collect
Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.
“Voluntarily provided” information refers to any information you knowingly and actively provide us when using or participating in any of our services and promotions.
“Automatically collected” information refers to any information automatically sent by your devices in the course of accessing our products and services.
Log Data
When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.
Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.
Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.
Personal Information
We may ask for personal information — for example, when you subscribe to our newsletter or when you contact us — which may include one or more of the following:
- Name
- Social media profiles
- Phone/mobile number
- Home/mailing address
Legitimate Reasons for Processing Your Personal Information
We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.
Collection and Use of Information
We may collect personal information from you when you do any of the following on our website:
- Register for an account
- Interact with our platform
- Sign up to receive updates from us via email or social media channels
- Use a mobile device or web browser to access our content
- Contact us via email, social media, or on any similar technologies
- When you mention us on social media
- Enter or submit to our Vet Bill Sweepstakes, Vet Bill Pool, contests, promotions, or respond to a survey poll
Types of Information We May Collect
The types of information we collect about you may include personal information of the following types:
- Identifiers that you provide us directly, such as your first and last name, postal address, email address, tax information (for sweepstakes, contest, and promotion winners), and/or phone number
- Identifiers collected through your use of the Services, such as unique online or device identifiers, IP address, device or session IDs and information regarding your system configuration (operating system and version), network, and connected hardware (e.g., computer or mobile device and carrier) and software applications (e.g., other applications installed on your mobile device)
- Customer Record Information, such as payment account name, payment account number, payment card expiration date and billing address
- Protected Classification Characteristics, such as your gender, age, household income, marital status, or your inclusion in any other classification protected under California law, only to the extent you provide this information to us as demographic information in a survey response that is identifiable to you
- Commercial Information about you, such as records of products, product types, merchants, merchant types, goods or services purchased, obtained, or considered by you, including products, merchants and coupons you searched for, viewed or clicked, items added to cart and abandoned, shopping trips initiated, merchant sites visited from our Services, transaction history related to our Services, purchase confirmation data, accrued cash-back, American Express Member points, and other loyalty currency
- Internet and other Network Activity, such as your browsing and search history and your interactions with our sites and Services, including:
- products, coupons, offers, or merchants you search, click, favorite, and/or view, including clicks you make on the merchant sites you visit within our mobile app;
- URL’s of the pages you visit, including those tracked by our browser extensions and mobile application;
- date and time stamps associated with such browsing, searches, and clicks; and
- click stream data, meaning the page by page clicks that you make as you navigate through our Services, including the web page visited before you came to our website; and
- Email Inbox Data (as defined in Section 2, below), if you elect to sign in or create your www.rakuten.com account with Google or separately link an email account to your www.rakuten.com account
- Locale preferences for your use of the Services Sensory-related information, such as audio recordings of your voice to the extent you call our member services representatives, as permitted under applicable law;
- Member account credentials, including username and password; and
- Inferences drawn about you and your likely preferences, characteristics, behavior, and attitudes from any information we collect about you.
In some jurisdictions, certain types of information we collect may be considered “sensitive” personal information including:
- Demographic information, such as your gender, age, household income, or marital status, only to the extent you provide this information to us as demographic information in a survey response that is identifiable to you, and
- Precise geo-location data, to the extent you have configured your device to disclose such information to us.
Note that we only use this sensitive information to provide the Services to you and we do not collect, use or disclose this sensitive information for the purpose of inferring characteristics about you. We do not “sell” or “share” sensitive personal information or use sensitive data for “targeted advertising” as those terms are defined in U.S. state privacy laws.
2. Use of Information We Collect
We use information we collect about you for the following business and commercial purposes:
To Provide Our Services and Manage Your Account, including to:
- to provide you with our platform's core features and services
- to enable you to customize or personalize your experience of our website
- to contact and communicate with you
- for analytics, market research, and business development, including to operate and improve our website, associated applications, and associated social media platforms
- for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you
- to enable you to access and use our website, associated applications, and associated social media platforms
- for security and fraud prevention, and to ensure that our sites and apps are safe, secure, and used in line with our terms of use
To Personalize and Improve Our Services
We may use information we collect about you to create a profile of your preferences to personalize and tailor Services content so that it is more likely to be of interest to you. For example, we may use your most frequently visited stores or shopping history to display offers for similar stores in relevant parts of the Services or to present special offers that may interest you via our Services, including in-store.
We may also use information we collect about you to identify usage trends and perform statistical analyses to improve our Services, websites, applications, marketing efforts, and the products and services of our business partners we recommend or offer, in order to provide a better service to you in the future.
If you elect to sign in or create your mybalto.com account with Google or separately link an email account to your Service account, we use the email content from your linked inbox(es) (collectively, “Inbox Data”) to confirm your eligibility for Cash Back faster and more reliably by identifying purchase or order confirmation information therein. Our use of Inbox Data from your linked Gmail account shall be in compliance with the Google API Services User Data Policy, including the Limited Use requirements therein. You can change Inbox Data settings as provided in Section 4 (Your Choices).
To Provide You Marketing Information
With the exception of Inbox Data, Company may use information we collect about you to provide you more personalized offers, special offers, discounts, and/or more relevant offers from our participating merchants via email and other direct communications, and through digital advertising. We may use your information to directly send you email newsletters, rewards offers, discounts, promotion codes, events and general information about the Services. You can manage these direct marketing communications as provided in Section 4 (Your Choices) below. We may also use your information (excluding Inbox Data) to advertise to you online, including targeting advertising to you on other websites. You can opt-out of use of your personal information for targeted online advertising as provided in Section 4 (Your Choices) and Section 5 (Your Rights).
To Protect You, Others, and our Business
We may use collected information to assess risk and to investigate and limit fraud, spam, and other malicious online activities in our Services, and to improve our security measures. We may also use collected information to assert our legal rights or to defend our legal rights against third parties.
To Comply With Applicable Laws
We may use information we collect about you to enable us to comply with applicable laws, rules, regulations, and judicial authorities in each geographical region in which we operate.
To Administer Contests, Sweepstakes, Surveys, Polls, and Promotions
From time to time, Company may invite you to enter various contests, sweepstakes, surveys, polls, and promotions, which include the Vet Bill Sweepstakes and the Vet Bill Pool. If you choose to participate in a contest or promotion, your personal information may be used to administer the contest, such as to determine your eligibility for the contest or to award a prize. If you choose to participate in a survey or poll, the feedback you submit will be aggregated and deidentified to provide us insight on business and shopping trends. We maintain this information in a deidentified manner and do not attempt to re-identify it.
To Administer Referral Programs
We may offer features that allow you to inform another individual about our Services. If you choose to use our referral features, we will ask for your referral’s email address to send them an electronic communication inviting them to join our Services. We will store this information for the sole purpose of sending this email and tracking the success of our referral program. If you choose to participate in our referral programs, you represent and warrant that you have a personal relationship with your referral and that you are authorized to share their information with Company for the purpose of Company sending a communication to invite them to join the Services. If you believe that one of your contacts has provided us with your personal information through our referral service and you would like to request that it be removed from our database, please contact our member services at support@mybalto.com.
3. Disclosure of Information
We may disclose personal information to:
- a parent, subsidiary, or affiliate of our company
- third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing providers, professional advisors, and payment systems operators
- our employees, contractors, and/or related entities
- our existing or potential agents or business partners
- credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
- courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
- third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you
- third parties to collect and process data
- an entity that buys, or to which we transfer all or substantially all of our assets and business
Third parties we currently use include:
- Google Analytics
- Mixpanel
- MailChimp
- Wecantrac
- Facebook Pixels
- Xano
We may disclose the below-specified categories of information for our business or commercial purposes, including the following:
Disclosure to Our Service Providers
We may disclose all categories of your collected personal information as necessary with our third-party service providers (which may include Company affiliates) who perform various business operations, solely for our benefit or on our behalf, under our instructions and in compliance with appropriate contractual, technical and organizational security measures to protect your data from unauthorized use, retention, or disclosure. For example, we may partner with other companies to provide you member support services, authentication services, prevent fraud on our Services, process payments, administer our promotions, referral programs, sweepstakes, and surveys, perform analytics, maintain the accuracy of our databases, deliver direct marketing and communications, limit delivery of repetitive or unnecessary marketing or communications, facilitate your gift card purchases, fulfill your product purchases, place and fulfill your takeout orders, and administer your rewards or payments.
Disclosure to Our Business Partners
We work with various types of third-party business partners to offer you our Cash Back shopping Services. We may disclose the following types of information with the following types of Business Partners:
Affiliate Partners
When you click on a link to a merchant site presented on our Services to start your Cash Back shopping, you evidence your intent to interact with that business through our Services, and thereby are directing us to disclose certain information about you (including the link you clicked in our Services and a unique ID assigned to track that your shopping originated from our Services) to an affiliate network to properly account for your purchases with a merchant. For a small number of merchants that do not utilize an affiliate network, this information is provided directly to the merchant. The Affiliate Partner will collect Internet and Network Activity information (excluding any Inbox Data) about your use of our Services in relation to the merchant site, products, or offers. Our Affiliate Partners collect this information to track the shopping trip, but some of them may also use this information to measure performance, contribute it to their own user profiles and/or combine it with information they collect elsewhere, which they may make available for use by their other business clients. In such cases, our disclosure to certain of these Affiliate Partners could be considered a “sale” or “sharing” of your personal information as those terms are defined under applicable U.S. state privacy laws, and the opt-out we offer to consumers in Section 5, below, would signal these Affiliate Partners to not collect or use your information from our Services except as necessary to validate and provide your Cash Back.
In addition, to the limited extent that we target direct marketing to you or personalize the offers you see in our Services based on the profile data we compile from your behavior tracked via our Services, for the direct benefit of a particular merchant, this marketing or personalization may also be considered “selling”, “sharing”, or processing for the purposes of “targeted advertising” of your personal information. In this circumstance, the opt-out we provide in Section 5, below, would cover this type of targeted marketing and personalization. We may use information we collect about you in combination with information about you from current and prospective merchant partners to test and analyze how our Services help merchants and business partners. The information we disclose to and receive from a merchant or business partner to effectuate this analysis may include online shopping identifiers (such as shopping ID’s, order ID’s), a hashed email address, and Commercial Information (such as whether a purchase was made and the corresponding order value). We may use the results from these tests in an aggregated and deidentified manner to improve our Services and to market our Services to merchants and business clients. You may opt out of our disclosure of your information to these certain third parties for this purpose in accordance with Section 5, below.
Referral Marketing Partners
In order to expand your options to sign up for our Services and start your Cash Back shopping from third-party sites where you learn about our Services, we contract with certain referral marketing business partners to enable that functionality, which may require that we disclose certain data about you to them. For example, if you are referred to our Services from a business partner’s websites, we may provide that partner with information about your sign up to validate the referral and activate your Services account access from the partner’s site. In addition, we may disclose information about whether you have made a purchase with us recently and whether you have installed our mobile app or browser extension so that the partner can personalize their email and site content to you. This information disclosure about your behavior in our Services may be considered “selling”, “sharing”, or processing for “targeted advertising” under applicable U.S. state privacy laws, so we provide an opt-out opportunity in Section 5, below.
Disclosure to Digital Advertising Providers
To provide us with targeted advertising and marketing services, we partner with certain third parties that automatically collect Internet and Network Activity information about your use of the Services, such as your browsing history, IP address, pages viewed, and links clicked, so that they can use this information to serve you ads for our Services on other sites you visit. Some of these third parties may also use this collected information to draw inferences about you for their own purposes or separately collect personal information about your online activities over time and across different websites (in addition to our Services) to help predict your preferences and to display (and enable other third parties to display) ads to you that are more likely to be of interest to you. You have the right to opt out of our sharing of your information with certain third parties for the purposes of cross-context behavioral or targeted advertising. To exercise this right, you can opt-out via the instructions in Section 5, below. Note that this Privacy Policy covers only our use of data and does not include further use of data by third parties. If you wish to opt out of interest-based advertising in general, please visit aboutads.info/choices/.
Disclosure to Other myBalto Group Companies
We work closely with our affiliated business and companies within the myBalto Groups and disclose your personal information for our internal business administration. Some of our Service Providers and Business Partners to whom we disclose personal information, as described above, may include myBalto Foundation. We may also disclose information in the categories of Identifiers (email address), Commercial Information (product metrics), and Internet and other Network Activity (except Inbox Data) to our affiliates within the myBalto Group for those corporate affiliates to analyze and monitor usage and trends to improve their services and websites and for strategic planning purposes at the myBalto Group level. Our opt-out and delete request functionality will serve to remove you from these disclosures.
Disclosure for Legal Purposes
We may disclose the information we collect, including personal information, to the extent permitted by applicable law, (i) in response to subpoenas or other legal processes or if, in our good faith opinion such disclosure is required or permitted by law without a specific disclosure; (ii) at the request of governmental authorities conducting an investigation; (iii) to enforce our terms and conditions or other policies applicable to our Services; and (iv) to protect the rights, property, life, health, security and safety of Company or any third party.
In Relation to Business Asset Transfers
We may disclose the information we collect, including personal information, to any third party in connection with, or during confidential negotiations of, any proposed or actual merger, purchase, sale (including a liquidation, realization, foreclosure or repossession) or any other type of acquisition of all or any portion of Company assets, conveyance or transfer of all or a portion of our business to another company. In such event, the acquiring company would be contractually required to use your collected information in accordance with this Privacy Policy and applicable law or to provide prior notice to you of any new or materially changed practices.
In addition to the above listed disclosures, we may also disclose aggregated or de-identified information that cannot reasonably be used by recipients to identify you.
4. Your Rights and Controlling Your Personal Information
Your choice:
By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our website or the products and/or services offered on or through it.
Information from third parties
If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Communications Preferences
Email Marketing
We may send you periodic electronic communications and direct mailings when you sign up for an account. You can opt out of receiving promotional communications from us at any time by following the instructions provided in those communications to unsubscribe or stop them, modifying the settings of your account, or contacting us through the Services. Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails and other types of communications, as permitted by law, such as service emails relating to our ongoing business relationship. Service emails contain service-related announcements that affect your account, such as product order confirmations, reward or payment updates, and responses to your comments and feedback submitted to us.
Mobile Application Notifications
When using our mobile application, your preferences for receiving push notifications and other mobile alerts can be configured in the settings of your mobile device.
SMS Messaging
If you elect to provide us a mobile number and consent to receive certain messaging, we may use SMS messaging to contact you when you make account updates, to provide you updates on your customer support tickets, and for account recovery purposes. You may opt out of such messages by removing your mobile number in your account preferences or replying STOP to any incoming messages.
Data Collection and Sharing Preferences
You may in some cases have the option to decline to provide us with certain information; however, your choice may impact your use of certain features or services for which that information is a necessary component.
Inbox Linking
You may unlink an email account from the Service by updating or switching off the connection in your account settings. If you unlink your email account from the Services, we will no longer collect Inbox Data.
Unsubscribe
To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.
5. Data Collection and Sharing Preferences
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
- You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please delete your account through the myBalto mobile app. You will receive a confirmation email from our support to verify the consumer request within 48 hours. If you have any questions please email us at support@mybalto.com.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.
Security of Your Personal Information
When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.
Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.
You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.
Children’s Privacy
We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.
Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example providing user support), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.
Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Use of Cookies
We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.
Please refer to our Cookie Policy for more information.
Business Transfers
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.
Limits of Our Policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to This Policy
At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.
If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.
If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.
Additional Disclosures for California Compliance (US)
Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.
To make such a request, please contact us using the details provided in this privacy policy with “Request for California privacy information” in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal information we revealed to other organizations for their marketing purposes in the last calendar year, along with their names and addresses. Not all personal information shared in this way is covered by Section 1798.83 of the California Civil Code.
Do Not Track
Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “Do Not Track” signals.
We adhere to the standards outlined in this privacy policy, ensuring we collect and process personal information lawfully, fairly, transparently, and with legitimate, legal reasons for doing so.
Cookies and Pixels
At all times, you may decline cookies from our site if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities. Please refer to the Cookies section of this privacy policy for more information.
CCPA-permitted financial incentives
In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the goods or services we provide.
Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
California Notice of Collection
In the past 12 months, we have collected the following categories of personal information enumerated in the California Consumer Privacy Act:
- Identifiers, such as name, email address, phone number account name, IP address, and an ID or number assigned to your account.
- Customer records, such as billing and shipping address, and credit or debit card data.
- Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Collection and Use of Information” section, including to provide and manage our Service.
Right to Know and Delete
If you are a California resident, you have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information was collected;
- The categories of personal information about you we disclosed for a business purpose or sold;
- The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
- The business or commercial purpose for collecting or selling the personal information; and
- The specific pieces of personal information we have collected about you.
To exercise any of these rights, please contact us using the details provided in this privacy policy.
Shine the Light
If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by California’s “Shine the Light” with third parties and affiliates for their own direct marketing purposes.
To receive this information, send us a request using the contact details provided in this privacy policy. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.
Contact Us
For any questions or concerns regarding your privacy, you may contact us using the following details: