PRIVACY POLICY of Promoboxx, Inc. and Certain Affiliates and Sponsors
Last Updated June 22, 2021
This Privacy Policy relates to information collected by Promoboxx, Inc. (“Promoboxx” “we” or “us” or “our”) through your use of the website at www.promoboxx.com (the “Site”) and any Promoboxx tools and services (together with associated and successor websites, tools, and services, or any part thereof, the “Service”) and is a part of and is governed by the Promoboxx Terms of Use. You should carefully read this Privacy Policy. By using the Service, you are signifying your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you are not permitted to use the Service.
The current focus of the Service is to help Brands develop and share with their Retailers their marketing campaigns online (each, a “Campaign”) and to help Retailers participate in, customize (as permitted by the respective Brand), and share with consumers (including through online channels, such as Facebook, Twitter, and websites, and via email) the Campaigns of their associated Brands. As used herein, a “Brand” means an individual or entity (or a regional retailer sales and marketing group, sales representative, agency, or distributor acting on such individual or entity’s behalf) that is associated with, and whose goods and/or services are identified by, a distinctive name, trademark, and/or service mark or a collection thereof; a “Retailer” means an individual or entity that sells or makes available the goods and/or services of a Brand. Our Service is intended to be used by Brands and Retailers, which are generally businesses and are collectively referred to here as our “Customers.” We do not intentionally collect data from consumers.
As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer or mobile device, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
This Privacy Policy serves to notify you of the following:
What information about me is collected through the Service?
Where and when is information collected (including through the use of cookies, log files, and action tags)?
Does Promoboxx collect information from children under 13 years of age?
What does Promoboxx do with the information it collects?
When does Promoboxx disclose information to third parties?
Does this Privacy Policy apply when I link to other websites or services?
Is the information collected through the Service secure?
Could my information be transferred to other countries?
What choices do I have regarding the collection, disclosure and distribution of personally identifiable information?
Can I update or correct my personally identifiable information?
Are there special rights for California or EU residents?
How will I know if there are any changes to this Privacy Policy?
Does this Privacy Policy cover how third parties deal with information collected from me?
Whom do I contact if I have any privacy questions?
WHAT INFORMATION ABOUT ME IS COLLECTED THROUGH THE SERVICE?
Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information
Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, address, email address, telephone number, and billing and credit card information, if applicable.
Non-Personally Identifiable Information
Non-personally identifiable information is information that any single item of which, by itself, cannot be used to identify or contact you, such as demographic information (like, age, profession, gender, current location, zip code, birth date, or year of birth), IP addresses, browser types, domain names, and other statistical data involving the use of the Service. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it is combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences).
WHERE AND WHEN IS INFORMATION COLLECTED (INCLUDING THROUGH USE OF COOKIES, LOG FILES AND ACTION TAGS)?
As you browse www.Promoboxx.com, advertising cookies will be placed on your computer so that we can understand what Promoboxx products and services you are most interested in. Our display advertising partners, Google Adwords, and AdRoll, then enable us to present you with retargeting advertising on other sites based on your previous interaction with www.Promoboxx.com. Our partners do not collect personally identifiable information such as your name, email address, postal address, or telephone number. You can visit this page to opt out of Google AdWords’, AdRoll’s and their partners’ targeted advertising.
We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of your use of the Service.
Registering to Use the Service and in the Course of Using the Service.
You may be required to establish an account in order to take advantage of certain features of the Service. If so, if you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as name, postal address, email address, birth date, and credit card and billing information. We may also receive personally identifiable information about you from third parties providing credit and debit card authorization and fraud screening services as part of the registration process. In addition, we may obtain your personally identifiable information from you if you identify yourself to us when you contact us (such as by reaching out to support@promoboxx.com or contacting Promoboxx through various support or other channels). Also, we will have access to any personally identifiable information that you choose to share through the Service (such as your name if you include it in content you post to the Service).
Cookies, Log Files and Action Tags.
We may collect non-personally identifiable information passively using cookies, log files and action tags.
Cookies are small text files that are placed on your computer in order to identify your Web browser and the activities of your computer on the Service and other websites. Cookies are used to personalize your experience on the Service (such as dynamically generating content on webpages specifically designed for you), to assist you in using the Service (such as saving time by not having to reenter your name each time you use the Service), and to allow us to statistically monitor how you are using the Service to help us improve our offerings. We also may use cookies to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content.
In addition to cookies that we place on your computer or mobile device, cookies may also be placed on your computer or mobile device by third parties that we use to display or serve advertisements or to collect non-personally identifiable information in order to provide advertising-related services. In the course of serving advertisements, our third-party advertisers may place or recognize unique cookies on your browser.
We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.
“Action tags,” also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including advertisements, or email sent on our behalf, may contain action tags.
By using cookies and action tags together, we are able to gain valuable information to improve the Service and measure the effectiveness of our advertising and marketing campaigns. We do not disclose any of your personally identifiable information to our advertising partners.
Finally, you should be aware that advertisers and other third parties may also use their own cookies, log files or action tags when you click on their advertisement or link to their websites or services on or from the Service. This Privacy Policy does not govern the use by such third-party websites or services or providers of third-party advertising.
DOES PROMOBOXX COLLECT INFORMATION FROM CHILDREN UNDER 16 YEARS OF AGE?
We are committed to protecting the privacy of children. The Service is designed for adults and is not designed for or directed to children under the age of 16. We do not knowingly collect personally identifiable information from any person we actually know is under the age of 16. To the extent that we are informed that we’ve inadvertently collect information from a person under 16, we will take reasonable steps to remove that information from our records.
WHAT DOES PROMOBOXX DO WITH THE INFORMATION IT COLLECTS?
Promoboxx is a service provider as that term is understood under the CCPA and a data processor as that term is understood under the GDPR. That means that Promoboxx will only use data as directed by our customers and we don’t sell or otherwise transfer information except as directed by our customers to provide the Service.
In general, we use the information collected to provide the Service to you and process your transactions, to help us understand who uses the Service, for internal operations such as operating and improving the Service, to contact you for customer service and billing purposes, to facilitate the delivery of advertising, and so that we and third parties can contact you about products and services that may be of interest to you.
We may use your information to send you a welcoming email that may confirm your username and password. With your permission, we may send you electronic newsletters, contact you about the Service products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with the option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding the Service or, if applicable, about your billing account status. You will not be able to unsubscribe from these service announcements and updates as they contain important information relevant to your use of the Service.
We may also use the information gathered to perform statistical analysis of user behavior or to evaluate and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.
WHEN DOES PROMOBOXX DISCLOSE INFORMATION TO THIRD PARTIES?
Except as set forth in this Privacy Policy or as specifically authorized by you, we will not sell or otherwise disclose any information we gather from you through the Service.
Brands
Promoboxx may share with the respective Brand(s) associated with a Retailer’s account all information and data concerning such Retailer, and that of such Retailer’s consumers, as such information and data pertains to such respective Brand(s), on or in connection with the Service. In addition, Promoboxx may show a Brand its respective performance benchmarked against other Brand(s) using the Service.
Retailers
Promoboxx may share with the respective Retailer(s) associated with a Brand’s account campaign information that the Brand has approved for distribution to its Retailer(s), the analytical ranking of respective Retailer(s) in comparison to other Retailer(s) associated with a Brand’s account (assuming the Brand has enabled the Retailer(s) to view these analytics), divisional analytics (assuming the Brand has enabled the Retailer(s) to view these analytics), and aggregate Brand(s) performance benchmarking.
Laws and Legal Rights.
We may disclose your information (including personally identifiable information) if we believe we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Promoboxx Terms of Use, to detect fraud, for assistance with delinquent accounts, or to protect the safety and/or security of our users, the Service or the general public.
Third Parties Generally.
We may provide to third parties aggregated, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service, the demographic breakdown of users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. For clarification but not limitation, we reserve the right to collect, retain, use, copy, modify, publicly perform, publicly display and create derivative works of all aggregate data concerning your activity (and that of your consumers) on or in connection with the Service (without reference to your name or that of the entity on whose behalf you are acting) for any lawful purposes, including without limitation, benchmarking, development of best practices, product and services development, and research and statistical purposes without reimbursement or notification to, or consent or authorization from you. We may also provide to third parties personally identifiable information. For example, we might share our users’ e-mail addresses and responses to questionnaires with third parties in order for third parties to contact users about products and services that may be of interest. The third parties to which we may provide or who may independently directly collect this personally identifiable and non-personally identifiable information may include potential or actual advertisers, providers of advertising products or services (including vendors and website tracking services), merchants, affiliates and other actual or potential commercial partners, sponsors, licensees, researchers and other similar parties. For clarification, but not limitation and for the avoidance of doubt, any data or information provided, sourced, input, and/or created by Promoboxx with respect to any Brand or Retailer may be freely used by Promoboxx and shared with any third party.
Outside Contractors.
We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to the Service, such as hosting and maintaining the Service, providing credit card processing and fraud screening, and developing applications for the Service. In the course of providing products or services to us, these Outside Contractors may sometimes have limited access to information collected on the Service, including your personally identifiable information. Other third-party service providers used by Promoboxx include: a) cloud computer, data storage and file storage providers, b) email marketing providers, c) website and b2b sales analytics providers, d) customer relationship management, contact database vendors, data hygiene vendors, survey vendors and project management software providers, e) customer billing systems partners, f) login authentication providers to ensure that the logins to our systems are working efficiently, g) social media platforms for advertising and marketing purposes, h) outsourced computer programmers helping ensure our systems are operating properly, i) auditing, debugging and security vendors. These agents work on our behalf and use data only as directed by us, provided that such third party agents provide at least the same level of privacy protection as we do. We require that these contractors (1) protect the privacy of your personally identifiable information consistent with this Privacy Policy, and (2) not use or disclose your personally identifiable information for any purpose other than providing us with the products or services for which we contracted.
Third Party Sellers.
In addition, through the Service, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products or services that are sold by parties other than us (collectively, “Merchants”). Merchants may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. By submitting the requested information, you affirmatively consent to have that information shared with the Merchant. This information is used by the Merchant and may be subject to a different privacy policy. We encourage you to be aware when the Service links to Merchants websites and to read the privacy policies or statements of each and every Merchant website. This Privacy Policy applies solely to information collected through the Service. We are not responsible for the privacy practices of Merchants and have no control over any information you choose to provide them or how they use it.
Sale of Business.
We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of Promoboxx, or that portion of Promoboxx to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.
Affiliates.
We may disclose information (including personally identifiable information) about you to our Corporate Affiliates. For purposes of this Privacy Policy, “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Promoboxx, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.
Public Areas.
The Service may feature various community areas and other public forums as well as Campaign pages and publicly available Campaign links (the “Public Areas”) where users can share information, including without limitation Campaign content, or where users can post questions for others to answer. These Public Areas are open to the public and should not be considered private. We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy. We are not responsible for the results of such postings or for the accuracy of any information contained in those postings.
Any information you share in a Public Area (including personally identifiable information) is by design open to the public and is not private. You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot control or predict. WE HAVE NO RESPONSIBILITY OR LIABILITY IF YOUR INFORMATION OR IDENTITY IS MISUSED OR STOLEN, OR IF YOU SUFFER HARM AS A RESULT OF YOUR VOLUNTARY DISCLOSURES. As with any public forum on any website, the information you post may also show up in third-party search engines such as Google, Yahoo, MSN, and Bing. If you mistakenly post personal information in a Public Area you can send us an email to request that we remove it by contacting us at support@promoboxx.com. You should understand that in some cases, we may not be able to remove your personal information from a Public Area.
DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEBSITES OR SERVICES?
By its very nature, our Service provides you with access to other websites and services. This may include providing you with the ability to automatically post updates and Campaign information on Facebook and Twitter. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Service. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us through the Service.
IS THE INFORMATION COLLECTED THROUGH THE SERVICE SECURE?
We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with industry standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.
Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.
COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?
Personally-identifiable information collected through the Service is generally stored in the United States.
Whenever we transfer your personal data out of the EEA, UK and Switzerland we ensure that it receives a similar degree of protection; for example, by entering into the Standard Contractual Clauses approved by the European Commission with applicable customers, partners or vendors.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Promoboxx commits to resolve complaints about your privacy and our collection or use of your personal information. Persons located in the European Union, United Kingdom (UK), and Switzerland who have inquiries or complaints regarding this privacy policy should first contact us at privacy@promoboxx.com.
WHAT CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?
Except as otherwise described in this Privacy Policy, we will only use personally identifiable information for the purposes described above or as otherwise disclosed at the time we request such information from you. You must “opt-in” and give us permission to use your personally identifiable information for any other purpose. You may also change your preference and “opt-out” of receiving certain marketing communications by changing that option in the My Profile feature of the Service, following the directions provided in association with the communication, or by contacting support@promoboxx.com.
CAN I ACCESS, UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?
You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph), by accessing My Profile or contacting support@promoboxx.com
To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identify before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
ARE THERE SPECIAL RIGHTS FOR CALIFORNIA OR EU RESIDENTS?
California. The California Consumer Privacy Act (CCPA) provides additional privacy protections for California data subjects and users, including: a) the right to see what data we have about you, (i.e., the right to know), b) the right to delete the data we have about you, (i.e., the right to delete) and c) the right to opt-out of the sale of data about you, to certain third parties (i.e., the right to opt-out from sales of your information). Promoboxx does not “sell” consumer information.
You may access those rights by accessing My Profile or contacting support@promoboxx.com. We will take steps to confirm your request within 10 days and make a good faith attempt to fulfill your request within 45 days. Promoboxx does not discriminate against you if you exercise any of the above rights. Please note that we may not be able to honor one or more of these rights if doing so would violate applicable law. We will share our reason(s) for denying your request in the event that we are unable to fulfill your request.
The CCPA defines personal information broadly and as such, it includes pseudonymous identifiers such as cookie IDs and mobile advertising IDs. Under the CCPA, your request to see the personal information that we have about you may include: (1) specific pieces of personal information that we may have about you; (2) categories of personal information we have collected about you; (3) categories of sources from which the personal information is collected; (4) categories of personal information that we sold or disclosed for a business purpose about you; (5) categories of third parties to whom the personal information was sold or disclosed for a business purpose under the CCPA; and (6) the business or commercial purpose for collecting or selling personal information.
You may make an access or deletion request via an authorized agent by having such agent follow the process below. Please note that we will request any authorized agent demonstrate that they have been authorized by you to make a request on your behalf. We may require any authorized agents to provide us with contact details such as an email address and phone number so that we may ensure a timely response.
The European Union. Individuals located in the European Economic Area (“EEA”) are granted additional privacy rights under the General Data Privacy Regulation (“GDPR”) and similar data protection laws. For example, an EU individual who seeks access, or who seeks to correct, amend, port over and/or delete inaccurate data, or who wishes to limit the use and disclosure of their Personal Information, should send us an email at privacy@promoboxx.com.
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en
With respect to EU data subjects, Personal Data includes pseudonymous data such as an IP address, a mobile advertising ID or a cookie ID.
Promoboxx operates the provides the Service as a “data processor” under the GDPR. That means Promoboxx only processes data pursuant to providing the Service as directed by our Customers and for no other purpose. We process certain Personal Data provided by Customers and partners under contractual necessity. For example, we require the billing details of our Customers located in the EU to process payment for the Service. We collect contact details from EU data subjects via our Website with consent and ask for consent for our Website to place cookies onto EU desktops. Our sales and marketing team may obtain additional contact details for prospective via our legitimate interest so long as they are not overridden by your data protection interests or fundamental rights and freedoms. Our Customers generally opt-in to the Service by agreeing to our terms of use.
HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?
You should be aware that we may revise this Privacy Policy at any time. However, we will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “opt-in” to such changes. We may also make non-significant changes to this Privacy Policy that generally will not affect our use of your personally identifiable information. We encourage you to check this page periodically for any changes. Your continued use of the Service following the notification or posting of changes to this Privacy Policy will mean you accept those changes.
DOES THIS PRIVACY POLICY COVER HOW THIRD PARTIES DEAL WITH INFORMATION COLLECTED FROM ME?
This privacy policy does not cover how any third parties with whom we may be working deal with information that they may collect from you. Use of that information by such third parties will be governed, if at all, by their own privacy policy. For example, in connection with any Campaign, we do not control and are not responsible for the use that a Brand may make of information that they may collect from a Retailer or the use that a Retailer may make of information that they may collect from a Brand.
WHOM DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact our Privacy Agent in any of the following ways:
By email:
privacy@promoboxx.com
By postal mail or courier:
Attn: Privacy Agent
Promoboxx, Inc.
500 Harrison Avenue, Studio 3R
Boston, MA 02118
BY USING THE SERVICE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY THAT DO NOT SIGNIFICANTLY AFFECT THE USE OR DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION WILL MEAN THAT YOU ACCEPT THOSE CHANGES.
