Privacy Policy

Effective Date: August 29, 2020

This Privacy Policy (“Privacy Policy”) explains MaxRewards, Inc.'s (“MaxRewards,” “we” “us” or “our”) privacy practices for any information we receive from the MaxRewards mobile application (the “App”), the website at maxrewards.co (the “Site”), any other web address or hyperlink that redirects to the Site, and any other webpage or application controlled by us that links to this Privacy Policy and describes the ways in which we use the information we receive from you. Certain portions of this Privacy Policy also apply to other information collected or maintained by MaxRewards, for example, under the “Rights Under the California Consumer Privacy Act” and “General Data Protection Regulation (GDPR)” sections below.

By using the App, the Site or receiving any services of MaxRewards (the “Services”) you consent to the terms of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, including having your Personal Information (as defined below) used in any of the ways described in this Privacy Policy, please do not use the Site, the App or the Services. Please note, however, that if you don't provide us with your Personal Information, certain parts or features of the Site, App or Services may not function properly.

MaxRewards may update this Privacy Policy from time-to-time in our sole discretion by posting such revised Privacy Policy on the Site or within the App. Please note the Effective Date of this Privacy Policy set forth above. It is your responsibility to review this Privacy Policy regularly for any changes each time that you use the App, the Services or provide us information.

Use of the App or the Services by you following our posting of a new Privacy Policy constitutes your acceptance of the Privacy Policy as modified and will apply to all information received after the Effective Date of the modification. In the event we materially change the way in which we use your Personal Information that we previously collected, we will provide you with notice and ask you to affirmatively accept the new uses. This Privacy Policy is incorporated as part of the Terms and Conditions that apply with respect to your use of the App or Services.

If you are accessing the services while located in the European Union, you may have additional data privacy rights. Please review the “General Data Protection Regulation (GDPR)” section below for more information.

Description of Our Business

MaxRewards provides solutions that allow you to manage your credit card accounts and maximize credit card rewards and savings. Downloading, installing or using the App, is included in the definition of “Services”.

Collection and Use of Your Personal Information

We may require that you provide certain Personal Information through the App to create or register for a MaxRewards account (an “Account”). Information we collect when you register your Account may include your name, email address, and other information that identifies you or that, in combination with other information we hold, may reasonably be used to identify you (“Personal Information”).

We may also collect Personal Information you provide to us when you use the Services, or email or otherwise contact us. We may also use your Personal Information to contact you to further discuss the Services or any product offerings. You may choose to opt out of providing your Personal Information by not disclosing it to us or entering it when asked.

Processing Purposes

MaxRewards may process the following types of Personal Information for the following lawful purposes and based upon the legal justification set forth in the parenthetical:

1. Information you provide to us about your credit card products or login information from your issuing bank used in connection with the App (CONSENT)
2. Processing Personal Information in order to fulfill an order or provide Services, e.g., your email address or phone number used to login to the App (CONSENT, CONTRACT)
3. Location data to provide Services (CONSENT)
4. Your submission of Personal Information when contacting us for customer service, to provide feedback or for other purposes not otherwise described here (CONSENT)
5. Your submission of Personal Data to our third-party vendors for Services (CONSENT, CONTRACT)
6. Collection of Personal Information through the App or through the Site (CONSENT)
7. Payment (CONTRACT)
8. Other information you voluntarily provide (CONSENT)

MaxRewards does not collect your credit card number. MaxRewards uses the data linked from your credit card account to provide the Services. You may choose to manually input your credit card product without linking your credit card account, but this may prevent you from using the full functionality of the App or Services.

Legal Basis for Processing

We process your Personal Information with your consent or subject to the performance of a contract to which you are a party or, alternatively, to take steps at your request to enter into an agreement. You have the right to withdraw your consent at any time.

Categories of Personal Information Collected

Generally, we collect the following data elements from you when we process your Personal Information for the purposes we described in this Privacy Policy. We collect and process your:

• First and last name
• Date of birth (only when provided to us through the Site)
• Email address
• Transaction information from issuing banks that you provide, e.g., balances, billing, auto-pay enrollment status, credit scores and any other information regarding any credit card linked to the App
• Internet or other electronic network activity
• Testimonials and other information you voluntarily provide

Disclosures and Transfers of Personal Information

We do not share with or disclose Personal Information to third parties, except when one or more of the following conditions is true:

• We have your permission to make the disclosure;
• The disclosure is necessary for the purpose for which the Personal Information was obtained;
• The disclosure is permitted by relevant law;
• The Personal Information to be disclosed is otherwise publicly available in accordance with applicable law;
• The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets (see Business Transfers);
• The party to whom the disclosure is made controls, is controlled by, or is under common control with MaxRewards;
• The disclosure is, in our sole discretion, necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
• The disclosure is, in our sole discretion, about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms and Conditions, even without a subpoena, warrant or court order; or
• The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site or assisting us in the provision of Services including service providers outside the country or jurisdiction in which you reside. Any data provided to third parties is strictly for MaxRewards' internal business use.

Delivering Advertising

We and our service providers may use information about your interactions with our Services to predict your interests and select the ads you see on and off the App or our Site. This is known as interest-based advertising. MaxRewards endeavors to comply with the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance (“DAA”) for any interest-based advertisements. For more information about interest-based advertising and how you can opt out, visit:

• Digital Advertising Alliance: http://www.aboutads.info/choices/
• Network Advertising Initiative: http://www.networkadvertising.org/choices/

Communications Opt Out

You may opt out of receiving marketing materials from us at any time by clicking the “unsubscribe” or similar link in any marketing email. Even after such opt-out, you may receive additional emails for a short period of time while we process your request. We also may contact you by email or otherwise with information that is not primarily marketing, for example, regarding updates to the Services or information about your Account or any contracts or arrangements. If, at any time after registering your information or electing to sign up for the Services, you change your mind about receiving information from us, send us a request specifying your new choice. Simply send your request to support@maxrewards.com.

California Residents' Privacy Rights:

This section is applicable to residents of California. If you are a resident of California, you have certain rights described below. The following does not apply to individuals who do not live in California on a permanent basis.

If you are a California resident who has provided personal data to us for the purpose of establishing a business relationship for personal, family or household purposes (a “California Customer”), you may request information about whether we have disclosed your personal information to any third parties for such third parties' direct marketing purposes. In general, if we have made such a disclosure, upon receipt of a request by a California Customer, we are required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as the “Categories of Personal Information Collected,” above. California Customers may request further information about our compliance with this law by mailing us at 75 5th St NW, Suite 2404, Atlanta, GA 30308 or emailing us at support@maxrewards.com. Please note that we are only required to respond to two requests per California Customer each year.

RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT

This section of our Privacy Policy provides California residents with a comprehensive description of MaxRewards's online and offline practices regarding the collection, use and disclosure of personal information and the rights of California consumers regarding their personal information under the California Consumer Privacy Act (“CCPA”). This section applies to all California residents (but not including legal entities, such as companies). The section will not apply, however, if MaxRewards does not collect any personal information about you or if all the information we collect is exempt from the statute (for example, the CCPA does not protect information that is already protected by certain other privacy laws, and it does not protect information that is already publicly available). For purposes of this section regarding the rights of California residents, “personal information” does not include publicly available information that is lawfully made available to the public from federal, state, or local government records; and the words “you” or “your” specifically refers to California Consumers.

1. You have a Right to Know About Personal Information Collected, Disclosed, or Sold.

You have the right to request that MaxRewards disclose what personal information we collect, use and disclose. This is called the “Right to Know”. Under the Right to Know, you can request a listing of the types of personal information we have collected about you, the sources of that information, how we use the information, other individuals and business with whom we share personal information, and the specific pieces of personal information that we have collected about you.

If you would like the above information, you may contact us through our webpage or customer service. When you make a request under your Right to Know, you can expect the following:

1. We will verify your identity. You will need to provide us the following information: email address and full name in order for us to verify that you are who you say you are.
2. We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.
3. We will respond to your request within 45 days. If necessary, we may need an additional period of time, up to another 45 days, to process your request.
4. In certain cases, a Request to Know may be denied, for example, if we cannot verify your identity or if providing you the information could create an unreasonable risk to someone's security (for example, we do not want sensitive information disclosed inappropriately). If we deny your request, we will explain why we denied it. If we deny a request, we will still try to provide you as much of the information as we can, but we will withhold the information subject to denial.

In the last 12 months, we have collected the categories of personal information described above under the section “Categories of Personal Information Collected.” All such information was collected from sources as described above and for the purposes described above. We only disclose such information to third parties as described in the section “Disclosures and Transfers of Personal Information”. MaxRewards does not sell personal information.

2. You have a Right to Request Deletion of Personal Information about You.

You have a right to request the deletion of your personal information collected or maintained by MaxRewards. You may request deletion of your personal information by contacting us through our webpage or customer service, as provided below, or by deleting or unregistering for the Services via the App. When you make a request for deletion, you can expect the following:

1. After you request deletion, you will need to confirm that you want your information deleted.
2. We will verify your identity. You will need to provide us the following information: email address and full name.
3. We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.
4. We will respond to your request within 45 days. If necessary, we may need an additional period of time, up to another 45 days, to process your request.
5. In certain cases, a Request for Deletion may be denied, for example, if we cannot verify your identity, the law requires that we maintain the information, or if we need the information for internal purposes such as providing Services or completing an order. If we deny your request, we will explain why we denied it.

Note that simply deleting the app from your mobile device may not result in the deletion of your personal information. [Even if you request that your personal information be deleted, MaxRewards may retain certain information regarding how you use the App or the Services for our internal analytics purposes.]

3. Right to Opt-Out of the Sale of Personal Information

You have a right to opt-out of the sale of your personal information by businesses. MaxRewards does not sell your personal information and opt-out is not applicable.

4. Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights

You have a right not to receive discriminatory treatment by us for exercising any of the privacy rights conferred by the CCPA. If you chose to exercise your rights under the CCPA, we will not:

• Deny goods or services.
• Charge different prices or rates for goods and services, including through the use of discounts or other benefits or imposing penalties.
• Provide a different level or quality of goods or services.
• Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
• In any other way, discriminate or attempt to discriminate against you for the exercise of your rights under the CCPA.

5. Authorized Agents

You may designate an authorized agent to make a request under the CCPA on your behalf. We will deny requests from agents that do not submit proof of authorization from you. To verify that an authorized agent has authority to act for you, we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us.

6. Contact Information

To request additional information, or make any of the requests described above, you may contact us through our App or website.

General Data Protection Regulations (“GDPR”)

Terms in this section are to be understood in a manner consistent with GDPR including the definitions of such terms in the GDPR. Such terms may have a different definition or meaning in other portions of this Privacy Policy because GDPR may not apply to those sections.

This section may apply:

1. if we collect Personal Data (as defined in the GDPR) that is subject to the GDPR; and
2. at least one of the following are true:
   1. if you are located in the European Union;
   2. if the processing of your data is subject to the laws of a member state of the European Union by virtue of public international law;
   3. if your information is otherwise governed by European Union Law; or
   4. if the processing activities are related to the offering of goods or services to you in the European Union or the monitoring of your behavior that takes place within the European Union.

Identification of Data Controller

The Data Controller is MaxRewards. You may contact the MaxRewards Customer Relations Department through the App.

Identification of Data Protection Officer and Contact Details

Our Data Protection Officer is:

Identification of Primary Member State Supervisory/Data Protection Authority

You have the right to lodge a complaint regarding the processing of your Personal Data with us by contacting our Data Protection Officer listed above. You also may lodge a complaint with the Data Protection Authorities in the Member State where you habitually reside, work, or where an infringement occurred.

Processing Purposes and Legal Bases

MaxRewards processes your Personal Data for the lawful purposes, and under the legal bases, set forth above.

Onward Transfer

We may disclose Personal Data to subcontractors and/or third-party agents. Before disclosing Personal Data to a subcontractor or third-party agent we will obtain the following contractual assurances:

1. Personal Data will be transferred only for limited and specified purposes;
2. the subcontractor or third-party agent will provide at least the same level of privacy protection as is required by the GDPR;
3. subcontractors and third-party agents will take reasonable and appropriate steps to effectively process Personal Data in a manner consistent with the subcontractor or third-party agent's obligations under the GDPR;
4. subcontractors and third-party agents will notify us if they determine that they can no longer meet their obligations to provide the level of protection required by the GDPR;
5. subcontractors and third-party agents will take reasonable and appropriate steps to stop and remediate unauthorized processing; and
6. subcontractors and third-party agents will provide a summary or a representative copy of the relevant privacy provisions of its contract with subcontractors and third-party agents to the Supervisory Authorities upon request.

MaxRewards may be required to disclose, and may disclose, Personal Data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements, or in the event of a merger or acquisition.

Retention of Personal Data

Personal Data obtained by MaxRewards is adequate, relevant and not excessive in relation to the purposes described in this Privacy Policy. The Personal Data is processed for purposes specified herein and will only be processed consistent with the purposes described herein. We will request only the minimum amount of information required to perform the applicable Services and will retain such information only for as long as necessary to provide the Services or for compatible purposes, such as to provide additional Services, to comply with legal requirements, or to preserve or defend our legal rights.

Right of Access to your Personal Data

You have the right to access your Personal Data. If such Personal Data is inaccurate or processed in violation of the GDPR, you may also request that Personal Data be corrected, amended, or deleted. When we receive Personal Data, we do so on behalf of the individual submitting such Personal Data. To request access to, or correction, amendment or deletion of, Personal Data, you should contact our Data Protection Officer. We will cooperate with all reasonable requests to assist you in exercising your rights under the GDPR.

Choice

You have the right to opt out of (a) disclosures of your Personal Data to third parties not identified at the time of collection or subsequently authorized, and (b) uses of Personal Data for purposes materially different from those disclosed at the time of collection or subsequently authorized. If you wish to limit the use or disclosure of your Personal Data, you should submit that request to our Data Protection Officer.

Security

See “Confidentiality and Security” below for more information about our security practices.

Transfers to the United States from the European Union

In using the Services, your Personal Data will be transferred to the United States, which is not recognized as a country having adequate safeguards for the protection of Personal Data. MaxRewards relies on Article 49 of the GDPR for transfers of data collected from Data Subjects in the EU and EEA. Transfers are made to MaxRewards only if the Data Subject has explicitly consented to the proposed transfer after having been informed of the possible risks of such transfers. Additionally, we transfer data as necessary for the performance of a contract between you as the Data Subject and MaxRewards as the Controller, to Data Processors who have an agreement with us that includes protecting your privacy and the security of your data, and in cases where your Personal Data is necessary for the implementation of pre-contractual measures taken in accordance with your requests.

Do-Not-Track

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Site does not support Do Not Track requests at this time, which means that we collect information about your online activity while you are using our Site and may track which website you visit immediately before or after accessing our Site.

Third-Party Websites

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or websites that may be displayed to you in search results, websites that may include MaxRewards Services, or other websites linked from our Site. This Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, tracking pixels or other technologies to serve ads.

Correcting & Updating Your Information

To update your information or discontinue the Services, email support@maxrewards.com. MaxRewards will respond to your correction or update request within at most 30 days from the date of your request. You also may be able to update your information by logging into your Account.

Confidentiality and Security

We maintain reasonable safeguards to protect the Personal Information we collect.  While we implement these measures, please note that 100% security is not possible, and we cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.

MaxRewards may assign you a user ID and a password as part of your participation and access to the App. Only you may use your user ID and password. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID. You play a role in protecting your information as well.

Social Media Platforms and Websites

Any information, communications, or material of any type or nature that you submit to any third-party websites (including, but not limited to any MaxRewards related or MaxRewards controlled pages contained on a social media platform, application or website such as Facebook or Twitter) by email, posting, messaging, uploading, downloading, or otherwise (“Submissions”), is done at your own risk and without any expectation of privacy. MaxRewards cannot control the actions of other users of any social media platform or website and is not responsible for any content or Submissions contained on such sites and platforms.

Visiting our Services from Outside the United States

Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer your Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States.

Business Transfers

If we or any of our affiliates is involved in a merger, acquisition, asset sale, joint venture or other, similar transaction, we will continue to ensure the confidentiality of any Personal Information. We may transfer or allow access to Personal Information as part of the transaction and in review or preparation for it as described below.

In the event that:

• We engage in one more asset sales or purchases;
• We are acquired;
• We engage in one or more business combinations, mergers or acquisitions;
• Substantially all our assets are acquired; or
• We are subject to an event of bankruptcy

you acknowledge and agree that personal and other information comprises an asset of ours and that Personal Information and other information is subject to assignment, transfer and/or acquisition by a third party. Accordingly, and notwithstanding anything to the contrary in this Privacy Policy, you acknowledge and agree that such transfers may occur and that a person or entity that acquires us may continue to subsequently use your Personal Information, and that such subsequent use may not be consistent with this Privacy Policy.

Children's Privacy

We do not knowingly collect or solicit personal information from children under the age of 13. By using the Services, you represent that you are at least 13 years old. If you are under 13, please do not attempt to register for an Account or send any Personal Information about yourself to us. If we become aware that we have inadvertently received or collected Personal Information from a user of the Services who is under the age of 13, we will immediately delete that information from our files and records. Furthermore, we encourage users of the Services that are minors that are 13 years of age or older to ask their parents or guardians for permission before sending any information about themselves over the Internet.

If you believe a child who is under the age of 13 has provided us with Personal Information, please contact us at the address listed above.

COOKIE POLICY

This Cookie Policy is part of the Privacy Policy and explains these technologies, including cookies, tracking pixels, web beacons, and flash cookies, and how you can control them.

The internet is a rapidly changing medium, and the Site may include services provided by third parties. The cookies and third-party sites listed in this Cookie Policy are intended to provide timely information and may be updated from time to time; however, due to the nature of the internet, these lists may not exactly and inclusively represent all such items at every point in time. You should check back periodically to review updates to this Cookie Policy.

MaxRewards may use cookies and other tracking technologies to deliver and improve the Site and our Services, and to display relevant content, products, services and advertising. By using the Site, you agree that we can use these technologies as described in this Privacy Policy, including this Cookie Policy. We hope that this Cookie Policy helps you understand, and feel more confident about, our use of cookies and other tracking technologies. If you have any further queries or requests, please find the appropriate support channel by contacting us at support@maxrewards.co.

1. What is a cookie?

Cookies are small text files that are stored on your computer or mobile device. They are widely used in order to make websites work, or work in a better, more efficient way. For example, they can recognize you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).

2. What cookies do we use?

Below we list the different types of cookies we may use on the Site. The specific cookies and types of cookies we use change regularly and the list below may not be complete or accurate. We also may use cookies and similar tools to relate your use of the Site to personal information obtained about you.

Strictly necessary cookies.

These cookies are essential to the Site to enable you to move around it and to use its features. Without these cookies, we may not be able to provide certain services or features, and the Site may not function properly or perform as smoothly for you.

Functionality cookies.

To permit your connection to the Site, our servers receive and record information about your computer, device, and browser, potentially including your IP address, browser type, and other software or hardware information. If you access the Site from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data, or other transactional information for that device. All of these features help us to improve your visit to the Site.

Analytics cookies.

We and our service providers may use analytics cookies, which are sometimes called performance cookies, to collect information about your use of the Site and enable us to improve the way it works. Analytics cookies collect information about how you use the Site, for instance, which pages you go to most. The information allows us to see the overall patterns of usage on the Site, helps us record any difficulties you have with the Site and shows us whether our advertising is effective or not.

3. How do third parties use cookies on the site?

In some circumstances, we may work with third parties to provide services on our Site. For example, we use analytics services supported by third party companies who generate analytics cookies on our behalf. We may not have access to these cookies, although we may use statistical information arising from the cookies provided by these third parties to customize content and for the other purposes described above. These companies also may transfer this information to other parties where required to do so by law or where such other parties process the information on their behalf.

Third-party advertisers and other organizations also may use their own cookies to collect information about your activities on our Site and/or the advertisements you have clicked on. This information, which may be combined with other information acquired from third parties, may be used by them to serve advertisements on our Site and third party sites that they believe are most likely to be of interest to you based on content you have viewed.

Third-party advertisers also may use this information to measure the effectiveness of their advertisements and to track aggregate usage statistics.

We may not control these third-party cookies, and their use may be governed by the privacy policies of the third parties employing these cookies. To learn about these cookies and to disable or reject third-party cookies, please refer to the relevant third party's website.

You can also learn more about controlling cookies in Section 4 below.

4. How can you control cookies?

You may refuse to accept cookies from the Site at any time by activating the setting on your browser that allows you to refuse cookies. Further information about the procedure to follow to disable cookies can be found on your Internet browser provider's website via your help screen. You may wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers.

Please note that by disabling or blocking any or all cookies, some features of the Site may not operate as intended, or you may not have access to features or personalization available through the Site.

Analytics cookies can also be managed via the following links:

• Google Analytics: http://tools.google.com/dlpage/gaoptout