Privacy Policy

Effective as of March 7, 2020.

Pogo offers a Service that includes a rewards platform that allows users to earn cashback rewards from their everyday purchases and allows merchants who are members of the Pogo platform (“Participating Merchants”) to acquire, retain and engage with these users.  Pogo Technologies, Inc. (“Pogo”) is committed to treating your personal information with respect and sensitivity.   This “Privacy Policy” describes the privacy practices of Pogo and our subsidiaries and affiliates (collectively, “Pogo”, “we”, “us”, or “our”) in connection with the www.joinpogo.com website, the Pogo mobile application, and any other website or mobile application that we own or control and which posts or links to this Privacy Policy (collectively, the “Service”), and the rights and choices available to individuals with respect to their information. Pogo may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information. These supplemental privacy policies will govern how we may process the information in the context of the specific product or service.

If you have consented to participate in the Service, please visit the Terms of Use Agreement to learn more about the data collection, use, and sharing practices in connection with our Service.  If you would like to opt out of card linking and transaction monitoring in connection with the program, please refer to Your Choices below.

Table of Contents

Personal Information We Collect
How We Use Your Personal Information
How We Share Your Personal Information
Your Choices
Other Sites, Mobile Applications, and Services
Security Practices
International Data Transfers
Children
Changes to this Privacy Policy
How to Contact Us
Your California Privacy Rights

Personal Information We Collect

Information you provide to us.  Personal information you provide to us through the Service or otherwise includes:

- Business and personal contact information, such as your first and last name, email and mailing addresses, phone number, gender, hometown, professional title and company name.
- Content you choose to upload to the Service, such as text, images, audio, and video, along with the metadata associated with the files you upload.
- Profile information, such as your username and password that you may set to establish an online account with us.
- Transaction Data, including bank account numbers and credit card transaction data collected and stored by our third party provider, Empyr (“Transaction Data).
- Other Credit Card Data, including up to 24 months prior and all subsequent transactions until the credit card is unlinked from your Pogo account acquired by our third party provider, Plaid (“Plaid Credit Card Data”).
- Registration information, such as information that may be related to a service, an account or an event you register for.
- Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
- Demographic Information, such as your city, state, country of residence, postal code, and age.
- Precise geolocation information, such as when you authorize our mobile application to access your location.
- Usage information, such as information about how you use the Service and interact with us, including information associated with any content you upload to the websites or otherwise submit to us, and information you provide when you use any interactive features of the Service.
- Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications
- Tax Information, if we are required by law to send to you and file certain forms with tax authorities, in which case we may ask you to provide us or our service provider certain personal information, including but not limited to your Taxpayer Identification Number.
- Other information that we may collect such as your and other information that is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information we obtain from social media platforms. We may maintain pages for our Company on social media platforms, such as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, and other third party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy. If you choose to login to the Service via a third-party platform or social media network, or otherwise connect your account on the third-party platform or network to your account through the Service, we may collect information from that platform or network. For example, this information may include your Facebook username, user ID, profile picture, cover photo, and networks to which you belong (e.g., school, workplace). You may also have the opportunity to provide us with additional information via the third-party platform or network, such as a list of your friends or connections and your email address.  You can read more about your privacy choices in the “Third party platforms or social media networks” portion of the “Your Choices” section.

Information we obtain from other third parties.  We may receive personal information about you from third-party sources. For example, a business partner may share your contact information with us if you have expressed interest in learning specifically about our products or services, or the types of products or services we offer. We may obtain your personal information from other third parties, such as marketing partners, publicly-available sources and data providers.

Cookies and Other Information Collected by Automated Means  We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Service, including but not limited,  your computer or mobile device operating system type and version number, your mobile advertiser ID, your device UUID, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; information about your use of and actions on the Service, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access; and other personal information.  Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.

On our webpages, this information is collected using cookies, browser web storage (also known as locally stored objects, or “LSOs”), Flash-based LSOs (also known as “Flash cookies”), web beacons, and similar technologies, and our emails may also contain web beacons. In our mobile application, we may collect this information directly or through our use of third-party software development kits (“SDKs”). SDKs may enable third parties to collect information directly from our App.

A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. Browser web storage, or LSOs, are used for similar purposes as cookies. Browser web storage enables the storage of a larger amount of data than cookies. A “web beacon,” also known as a pixel tag or clear GIF, is typically used to demonstrate that a webpage was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of our websites. A SDK is third-party computer code that we may incorporate into our mobile applications that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our app, or to facilitate online advertising.

We may also use Flash LSOs on our website to collect and store information about your use of our website. Unlike cookies, Flash LSOs cannot be removed or rejected via your browser settings. If you do not want Flash LSOs stored on your computer or mobile device, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of Flash applications that we may use in connection with our website.

Web browsers may offer users of our websites or mobile apps the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. Please see the “Targeted online advertising” section for information about how to exercise choice regarding the use of browsing behavior for purposes of targeted advertising.

Referrals
Users of the Service may have the opportunity to refer friends or other contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide the referral’s contact information to us so that we may contact them.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To operate the Service.  We use your personal information to:

- provide, operate and improve the Service
- credit you with automatic cashbacks as you make purchases at merchants who are members of the Pogo cashback network (each, a “Participating Merchant” and collectively, “Participating Merchants”);
- provide information about our products and servicesestablish and maintain your user profile on the Service
- facilitate your login to the Service via third-party identity and access management providers, such as Facebookenable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged inupdates, security alerts, and support and administrative messages
- communicate with you about events or contests in which you participateprovide support and maintenance for the Service
- use Plaid Credit Card Data (and location data if applicable), your personal and contact information, your mobile advertiser ID, and consumer profile data created and inferred by Pogo to provide tailored personalized offers and advertisements that are relevant to you
- use Plaid Credit Card Data (and location data if applicable), your personal and contact information, and your mobile advertiser ID to measure the effectiveness of online advertisements run by Pogo on behalf of Participating Merchants
- use Plaid Credit Card Data (and location data if applicable), your demographic information, your Facebook friends and phone contacts (if you provide them to us), and consumer profile data created and inferred by Pogo to personalize insights for you related to your purchasing behavior and potential comparisons to behavior of other Pogo users
- analyze Credit Card Data and consumer profile data created and inferred by Pogo to flag potential financial fraud and flag potential security risks to usersto respond to your requests, questions and feedback

For research and development.  We analyze use of the Service to analyze and improve the Service and to develop new products and services, including by studying user demographics and use of the Service.

To send you marketing and promotional communications.  We may send you Pogo related marketing and promotional communications as described in the Opt out of marketing section below.

To display advertisements.
We work with advertising partners to display advertisements on the Service or elsewhere online. These advertisements are delivered by our advertising partners and may be targeted based on your use of the Service or your activity elsewhere online. To learn more about your choices in connection with advertisements, please see the section below titled “Targeted online advertising.”

To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention, and safety.  We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent.  In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.  

To create anonymous, aggregated or de-identified data.  We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect.  We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you.  We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.  

Transaction Data.  Notwithstanding anything to the contrary in the Terms of Service Agreement or Privacy Policy, Pogo and its third party service providers (including Empyr) will use Transaction Data solely as follows:


- Credit users with automatic cashback as they make purchases at Participating Merchants.
- To provide targeted offers that may be of interest to users
- Share Transaction Data with a participating merchant where a transaction occurred as needed for the merchant to confirm a specific transaction occurred or points should be awarded; for example, the data and amount of your purchase and the last 4 digits of your card number so the merchant can verify your purchase with its records if there is a missing or disputed transaction;
- Provide participating merchants aggregated and anonymized information relating specifically to registered card activity solely to allow participating merchants to assess the results of their campaign;
- Create a record of the Transaction Data and thereafter maintain and use data in connection with the Service;
- Conduct analysis for the improvement and optimization of the Service; and provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant.

You authorize the sharing, exchange and use of Transaction Data described above and herein by and among Pogo and Pogo’s third party service providers, applicable Payment Card Networks and participating merchants.

How We Share Your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

Affiliates.  We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers.  We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Service (such as customer support, hosting, analytics, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Partners. We may sometimes share your personal information with partners or enable partners to collect information directly via our Service.

Plaid.  As a user of our Service, you grant one of our service providers, Plaid, the right, power, and authority to access and transmit you data as reasonably necessary for Plaid to provide services to us.  In addition, you acknowledge and agree that your personal information will be treated by Plaid in accordance with Privacy Policy.  You furthermore expressly grant Plaid the right, power and authority to (acting on your behalf) access and transmit your information, including personal information, as reasonably necessary for Plaid to provide services to you and to Pogo.

Twilio.  We use your personal information to verify user identities to prevent fraud and abuse of the Service.  We do this through our service provider Twilio, who verifies the phone number that you provide to us via its Verify API, sends an SMS to the provided phone number with a verification code that you are then asked to input in the Pogo application.  Pogo sends this verification code to Twilio to validate your ownership of the phone number.  You may find out more about how Twilio provides services by accessing the Privacy Policy for Twilio (see https://www.twilio.com/legal/privacy).

Third-party platforms and social media networks. If you have enabled features or functionality that connect the Service to a third-party platform or social media network (such as by logging in to the Service using your account with the third-party, providing your API key or similar access token for the Service to a third-party, or otherwise linking your account with the Service to a third-party’s services), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information.

Other Users of the Service and the Public. We may provide functionality that enables you to disclose personal information to other users of the Service or the public. For instance, you may be able to maintain a user profile with information about yourself that you can make available to other users or the public. You may also be able to submit content to the Service (such as comments, reviews, surveys, blogs, photos, and videos), and we will display your name, username, and a link to your user profile along with the content you submit. We do not control how other users or third parties use any personal information that you make available to such users or the public.Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.  

Business transfers.  We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

Your Choices

In this section, we describe the rights and choices available to all users.

Access or Update Your Information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

Opt out of the Service/unlink a card.  To opt out of the Service and unlink your cards, you must follow the steps below:
1. Go to account settings
2. Click on delete card
3. Confirm you want to delete card
4. You must repeat this process for every card you wish to delete.

Opt out of marketing communications.  You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at privacy@joinpogo.com.  You may continue to receive service-related and other non-marketing emails.  If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message.

Cookies & Browser Web Storage.  We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Service and third party websites. Most browsers let you remove or reject cookies.  To do this, follow the instructions in your browser settings.  Many browsers accept cookies by default until you change your settings.  Please note that if you set your browser to disable cookies, the Sites may not work properly.  Similarly, your browser settings may allow you to clear your browser web storage.  

Privacy settings and location data.
We make available certain privacy settings on the Service. Users of our mobile application also have the choice whether to allow us to access your precise location data. Your device settings may provide the ability for you to revoke our ability to access location data.

Targeted online advertising. Some of the business partners that collect information about users’ activities on or through the Service may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.

Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. Users of our mobile applications may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

Do Not Track.  Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit.  We currently do not respond to “Do Not Track” or similar signals.  To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services.  We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.

Third-party platforms or social media networks. If you choose to connect to the Service via a third-party platform or social media network, you may have the ability to limit the information that we may obtain from the third-party at the time you login to the Service using the third-party’s authentication service or otherwise connect your account. Subsequently, you may be able to control your settings through the third-party’s platform or service. For example, you may access and change your settings through the Facebook settings page for Apps and Websites. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third-party.

Other sites, mobile applications and services

The Service may contain links to other websites, mobile applications, and other online services operated by third parties.  These links are not an endorsement of, or representation that we are affiliated with, any third party.  In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions.  Other websites, mobile applications and services follow different rules regarding the collection, use and sharing of your personal information.  We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security Practices

The security of your personal information is important to us.  We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect.  However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.   To be clear, we do not store your Payment Card account information, and we do not have control over or responsibility for your Payment Card account information. When you provide your Payment Card account information through the Website or the Application, it is stored and/or processed by our third-party service providers in order for you to use the Service.  Our contracts with these third parties require them to have administrative technical, and physical safeguards to protect the security and confidentiality of such information.

Social Security Numbers and Taxpayer Identification

In certain circumstances we are required to collect Social Security Numbers of Taxpayer Identification Numbers in connection with an individual’s participation.  This information is required by law for governmental and tax purposes.  It is our policy to protect the confidentiality of Social Security and Taxpayer Identification Numbers.  We use these types of data to carry out our business needs and to comply with local, state and national government requirements including tax reporting, among other things.  We do not use this information for identification purposes.  We have adopted administrative, technical and physical procedures to restrict access to this information to those employees or agents who need to use it for our business purposes and to protect it from unauthorized use, disclosure, access, or destruction. We may disclose this information to third parties, such as our service providers, who agree to protect this information and to keep it confidential and secure. We destroy, erase or render unreadable this type of information when disposing of our records. Our employees periodically undergo training regarding the safeguarding of Social Security and Taxpayer Identification Numbers.  We have adopted administrative, technical and physical procedures to restrict access to this information to those employees or agents who need to use it for our business purposes and to protect it from unauthorized use, disclosure, access, or destruction. We may disclose this information to third parties, such as our service providers, who agree to protect this information and to keep it confidential and secure. We destroy, erase or render unreadable this type of information when disposing of our records. Our employees periodically undergo training regarding the safeguarding of Social Security and Taxpayer Identification Numbers.

International Data Transfers

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.  

Children

The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 13.  If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable.  We encourage parents with concerns to contact us.

Changes to the Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Service.Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

How to Contact Us

Please direct any questions or comments about this Policy or privacy practices to privacy@joinpogo.com  You may also write to us via postal mail at:
Pogo Technologies, Inc.
Attn: Legal – Privacy
135 Madison Ave, 5th Floor
New York, NY 10016

Your California Privacy Rights

Under California Civil Code section 1798.83, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at privacy@joinpogo.com and 135 Madison Ave, 5th Floor, New York, NY 10016. You must put the statement "Your California Privacy Rights" in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.