EFFECTIVE: August 25, 2015

Thirdshelf Inc. is committed to protecting your privacy. We make the website, http://www.thirdshelf.com/ (the “Website”) together with our services as further described in our Merchant and User Terms of Service (the “Services”), respectively found at http://www.thirdshelf.com/thirdshelf-terms-of-service.

This Privacy Policy describes how we collect, store, use and distribute information about our Merchants and Users through the Website and Services. For individuals that sign up for an account through a merchant that is using our Services, such merchant’s privacy policy will also apply to their use of our Services. It is their responsibility to familiarize themselves with the privacy policies and practices of any such third-party merchants using our Services.

1. General Description

1.1. Thirdshelf Inc., ("we" or "Company" or "Thirdshelf") provides Merchants and Users (also "you") access to the Thirdshelf loyalty marketing platform ("Thirdshelf platform"), such that Merchants may use it to operate a loyalty program and for the development, implementation, execution and management of promotional and marketing Campaigns delivered through email, subject to their acceptance of and compliance with our Thirdshelf Merchant Terms of Service ("Merchant Terms"), and Users may use it to receive and redeem Offers and Rewards from a participating Merchant with whom they have established an account, subject to their acceptance of and compliance with our Thirdshelf User Terms of Service ("User Terms").

1.2. In the course of providing the Services we collect Merchant and User data, including but not limited to Merchant transactional information relating to specific Users, as well as User personal information as required by the Merchant for the User to participate in the Merchant’s loyalty program.

1.3. Definitions. In addition to the terms defined in parentheses, the following terms shall mean:

1.3.1. "User" means an individual having established an account with a Thirdshelf Merchant, who has accepted the Thirdshelf User Terms of Service (https://www.thirdshelf.com/user_terms) ("User Terms"). Users may receive, earn and redeem rewards and offers from a Thirdshelf Merchant,  via the Thirdshelf platform using the Thirdshelf App and/or through the Thirdshelf website.

1.3.2. "Thirdshelf App" means any software application, including without limitation mobile applications for iOS, Android, or Windows operating systems, or other software or web applications, authorized by Thirdshelf and the application's User to access the Thirdshelf platform, including without limitation by accessing Merchant or User Data, in whole or in part.

1.3.3. "Rewards and Offers" shall refer to incentives, rewards, discounts or credits offered to Users by Thirdshelf Merchants which can be redeemed by Users for goods or services or applied as payment, in whole or in part, for goods or services, at participating Thirdshelf Merchants.

1.3.4. "Campaigns" shall refer to marketing initiatives, programs, or strategies to attract new or existing Users to your physical store or online locations, which may include Users earning or redeeming Rewards and Offers in various ways.

1.3.5. "Content" shall refer to User and Merchant generated content and materials that are published directly or via a Third Party to the Thirdshelf platform. User generated content includes but is not limited to user profiles, comments, feedback, ratings, likes and referrals social media feeds, as well as images and videos. Merchant generated content includes but is not limited to product catalogues, images, videos, product and merchant descriptions, logos and branding elements, text and any materials developed for use in Campaigns, Rewards and Offers.

1.3.6. "Data" means all Merchant and User data collected by Thirdshelf in operating and otherwise concerning the use of the Thirdshelf Website and Services.

1.3.7. “Merchant Account” shall refer to your dedicated instance of the Thirdshelf platform that you access via your unique credentials through the Merchant Console.

1.3.8. "Merchant Console" means your portal provided at the Thirdshelf website to view and manage your Merchant Account and User Data, and to view, manage, and create Campaigns, Rewards and Offers.

2. Consent

By using the Website or our Services you consent to the use of your Merchant or User Personal Information as described in this Privacy Policy. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. We never sell Merchant or User lists, or corresponding email addresses or other personal contact information. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Website and the Services.

3. Collection of Information

3.1 We aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes and for service improvement. We will maintain the confidentiality of any contact information you provide to us on signing up for our Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.

3.2 Two types of information may be collected through the Website and our Services: Personal Information and Non-Personal Information. This Privacy Policy does not extend to the collection, use or disclosure of the following information which is currently not limited by applicable privacy laws: (a) information that is publicly available, such as names, addresses, telephone numbers and electronic address when listed in a directory or made available through directory assistance; or (b) Non-Personal Information (as defined further below).

3.2.1 "Personal Information" is personally identifiable information, such as your name, address, e-mail address, purchases and transactional history, birth date and gender. At the time of collection, we will clearly identify the information being collected and the purposes for which it will be used. It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or Services or be able to access and use the Website or Services at all. In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website or Services. We may collect Personal Information in respect of the Website or Services through registration processes; communications with you; information downloads; service use; purchases; user support; and surveys.

3.2.2 "Non-Personal Information" is information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the Website or Services, and the type and version of browser or operating system being used by visitors to access the Website or Services. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical location of our users), number of visitors, what pages users access or visit, and average time spent on the Website or Services is not considered Personal Information. Similarly, business contact information such as the name, title, business address, e-mail address, or telephone number of a business or professional person or an employee of an organization is not considered Personal Information. Although the use of certain Non-Personal Information collected, used or disclosed through the Internet as described herein is not restricted (and to the extent that such is the case, the obligations under this Privacy Policy do not apply to such information), we provide information in this Privacy Policy about the collection of such information for the sake of transparency with respect to the operation of the Website and Services. Such Non-Personal Information is collected or derived by us in the course of operating this Website and our Services. For example, our servers may automatically

4. Use of Information

We collect information for the following purposes: to promote use of our Services and send you informational and promotional content that you choose (opt-in) to receive; to bill and collect money owed to us; to send you system alert messages; to enforce compliance with our terms of use, applicable law and when legally required; to provide customer support; to protect the rights and safety of our Merchants; Users and third parties as well as our own; to provide information to representatives and advisors; to support and improve the service we offer; to communicate with you about your account; to transfer information in the case of a sale, merger, consolidation or acquisition.

4.1 Registration and Information You Provide

In order to register for our Services or to create an account with a Merchant you must provide certain Personal Information, including but not limited to your full name, gender, birthday, email address, phone number and mailing or billing address. You also have the option to provide us with a photo as well as other personal information such as access to your social media accounts. If you provide access to your social media accounts, we will also collect and use the Personal Information associated with your social media accounts pursuant to this Privacy Policy. In order to communicate with our customer service team, send us an email, or post on our blog, you’re also giving us information that we collect. That information may include your IP address, name, physical address, email address, phone number and other details like gender, occupation, and other demographic information. By giving us this information, you consent to your information being collected, used, disclosed, and stored by us pursuant to this Privacy Policy.

4.2 Purchase History and Loyalty Information

Our Services are connected to the point-of-sale and eCommerce systems of participating Merchants. Through these integrations, we collect information about your purchase history and loyalty data such as points that you earn and redeem, as well as offers and rewards that you earn and redeem. This information is connected with other information we collect about you using our Services. We collect this information in order to assist the Merchant in understanding, providing better service to and more relevant Rewards and Offers to their Users. We also collect this information in order to analyze and predict User buying patterns, as well as measure and predict engagement and conversion rates for the Rewards and Offers and Campaigns a Merchant operates and to benchmark and predict Merchant performance within a given region, vertical or business segment.

4.3 Referrals

Our Services allow participating Merchants to reward you for referring new Users to their loyalty and rewards programs. When you participate in referral programs our Services store and track the personal information of the people you have referred in order to credit you if and when they activate their account. Our Services do not actively use the stored information in any way, except to send one referral email. If the referred individual does not sign up for an account within 180 days, we delete their personal information.

4.4 Sharing Features

If you use third-party platforms that we support such as Facebook or Twitter to share content, such content will be publicly available and searchable on the Internet. We track, store and measure information about which Merchant or User a share originated from as well as through what channels the share passed and the content shared for promotional purposes and/or to enable Thirdshelf or the Merchant to offer or redeem a reward for the share.

4.5 Metadata

We collect and use various metadata derived from your use of the Website or Service. For example, if you post a comment on Facebook, we also collect the time that such comment was posted. In cases where content is made publicly available such as public comments, the associated metadata may also be made publicly available. We also collect metadata regarding your location information and share such metadata with participating Merchants.

4.6 Location Information

If you enable location services on your computer or mobile device, we will collect and use information about your location by tracking Bluetooth and WiFi signals to deliver certain features of the Services to you for example to suggest Merchants and Merchant offers that are in proximity to you. When you visit the locations of participating Merchants, we will also collect information about your visit including the time and date of your visit, the length of your visit, the frequency of visits and send you notifications about promotions occurring in the Merchants during your visit. Your location information including analytics relating to such information will be made available to participating Merchants.

4.7 Transactional Notifications

We provide notifications for certain activities relating to your use of our Services despite your indicated emailpreferences, for example we may send you notices of any updates to our Terms of Service or Privacy Policy, notices of service outages or scheduled maintenance, as well as account status and billing notifications.

4.8 Marketing Communications

If you opt-in to receive marketing communications from us and our participating Merchants, we will keep you up to date on our products and services. You may withdraw your consent to receiving marketing communications from us and participating Merchants at any time by following the opt-out instructions in each communication.

4.9 Statistics

We also collect statistics about use of the Services which we use for analytics including predictive analytics. We share analytical information about Users with participating Merchants with which those Users have an account. Merchants may use such information to tailor Rewards and Offers. Additionally, aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to other Merchants or third parties in the context of benchmarking and market insights studies.

4.10 System Logs & Cookies

Cookies are used by us to track content usage and traffic on the Website and Services. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server. The Website uses cookies to help it compile aggregate statistics about usage of this Website, such as how many users visit the Website, how long users spend viewing the Website, and what pages are viewed most often. This information is used to improve the content of the Website. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Website or Services.

4.11 Your IP address is reported by your web browser whenever you visit a page on the Website. This information is recorded together with your registration information on our databases.

4.12 Web Beacons

When we send emails to Users and Merchants we sometimes track who opened the emails and who clicked the links. We use this information to measure the effectiveness of our internal communications and the effectiveness of our Merchant’s communications.

4.13 Third-Party Links

The Website and Services may contain links to other third-party websites that are not owned or controlled by us. Such third-party websites are governed by the terms and conditions and privacy policies of such third-party providers and we are not involved in any interaction or transaction between you and such third-parties.

4.14 Information from Other Sources

We may get more information about Users and Merchants by searching the Internet or by querying third parties. In all cases, information collected through these channels is either publicly available or subject to a third party’s terms of use and privacy policy to which you have consented. If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy. See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

WE NEVER SELL OR RENT IDENTIFIBALE MERCHANT DATA SUCH AS USER LISTS OR TRANSACTIONAL INFORMATION. WE DO NOT SEND THIRD PARTY REWRDS, OFFERS OR CAMPAIGNS TO USERS. MERCHANTS CAN ONLY ACCESS THE USER INFORMATION OF USERS THAT HAVE CREATED AN ACCOUNT WITH THEM AND SEND REWARDS AND OFFERS AND CAMPAIGNS TO THOSE USERS. AT NO TIME DO MERCHANTS HAVE ACCESS TO THE USER LISTS OF OTHER MERCHANTS OR TO THE IDENTIFIABLE BUSINESS INFORMATION OF OTHER MERCHANTS. WE DO MAKE AGGREGATE, ANONYMIZED TREND AND BENCHMARKING INFORMATION AVAILABLE TO ALL MERCHANTS RELATING TO THE PERFORMANCE OF THEIR LOYALTY PROGRAM, OFFERS AND REWARDS AND CAMPAIGNS.

5. Disclosures & Transfers:

5.1 We have put in place contractual and other organizational safeguards with our agents (see further below) to ensure a proper level of protection of your Personal Information (see further Security below). In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below).

5.2 As at the date of this Privacy Policy, we share Personal Information about you in respect of the Website or Services only with participating Merchants with whom you have selected to share your information, and our service providers and partners which include website hosting, cloud service providers, analytics providers and payment processors. Our service providers are located in Canada and the Untied States and accordingly your Personal Information may be available to Canadian and United States governments under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.

5.3 From time to time we may employ third parties to help us improve the Website and the Services. These third parties may have limited access to databases of Merchant and User information solely for the purpose of helping us to improve the Website and the Services and they will be subject to contractual restrictions prohibiting them from using the information about our Merchants and Users for any other purpose.

5.4 Important Exceptions:

5.4.1 We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website members, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

5.4.2 We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

6. Security

The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

In certain areas, such as when you provide credit card or other payment information to us, the Website works to help protect the security of your credit card and other payment information during transmission by using industry standard Secure Sockets Layer (SSL) encryption technology.

You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your email account information or your password for the Services to third parties.

7. Retention

We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

8. Amendment of this Policy

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post an appropriate notice on the home page at http://www.thirdshelf.com. Any nonmaterial change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website. Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Website and Services signifies your acceptance of any changes.

9. Access and Accuracy

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

10. Contact Us

You can help by keeping us informed of any changes such as a change of address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: support@thirdshelf.com.