Effective Date: January 1, 2020
To use the Services, you must be at least 18 years old and located in the United States of America.
A special note for Gmail and Yahoo users: For users of the Services who provide Earny with access to their Gmail and/or Yahoo account, Earny is subject to and complies with the “Limited Use” requirements set forth in the Additional Requirements for the Gmail Restricted Scope API and the “Data Use” requirements in the Yahoo Developer Policy as of the Effective Date.
What Information Do We Collect and How?
Personal Information. We may collect and store any information you directly provide us, as well as information that you enable us to access or collect, whether via the Services, the device through which our Services are accessed, 3rd Party Login Services and 3rd Party Accounts, or direct communication (for example, in the process of registration to the Services, filling forms or submitting enquiries), including information which relates to and identifies you and the personally-identifying details of transactions into which you have entered, both before and after you sign up with Earny (collectively, “Personal Information”). For example, we may collect your name, date of birth, services purchased, activities, location information, transaction details, and payment methods. Through your use of the Services, we may also collect the contents of your emails. For example:
- By using the Services, you provide us with access to your email account(s) and the content of your emails. We analyze email content to identify information about items, products and services you purchased (such as your purchase receipts), to identify potential refunds you may be eligible for, and to recommend contacts you may want to invite to the Services and to facilitate hotel reservation offerings.
- We collect your payment card and billing information to obtain your refunds and communicate with your payment card provider, and for billing purposes.
- When connecting to our Services through 3rd Party Login Services, you may grant us permission to access your profile information, which may include your contact information, name, and date of birth. For example, when you log in through or provide us access to your Google or Microsoft email account, we request permission to access your Google or Microsoft profile information (in addition to your email account).
- If you are accessing our Services through a mobile device or tablet, we collect your device’s identifier (e.g., the Apple Identifier for Advertisers (IDFA) and the Google Advertising ID).
- We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, details about your browser, operating system or device, location information (including inferred location based off your IP address), Internet service provider, pages that you visit while using the Services, and other information about how you use the Services.
- If you make a qualifying cash back purchase through an advertisement you see on the Services, the merchant that you make a purchase from will share your name, email address, and transaction details with Earny so that we may facilitate your cash back payment. In addition, we will also need you to provide us with your PayPal or other account information so that we may make a payment to you.
Information Concerning Children. Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.
How Is Collected Information Used?
We use your information for the following purposes:
- To identify your purchases to make refund claims on your behalf by analyzing your email messages.
- If you have provided us with access to your Amazon account, we may use the information contained therein for research and analytics purposes, such as to identify purchasing trends.
- To interface, on your behalf, with your credit card provider and the benefits and claims administrators and service providers of such credit card provider (including any service providers that process the claims or facilitate the processing of the claims on behalf of such companies) to take advantage of any buyer protection program your card provider may offer for purchases you made.
- To allow you to send invitations to join the Services to your email contacts.
- To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to obtain Refunds, to determine eligibility for and facilitate cash back refunds, conduct payment transactions, and for other customer service purposes.
- To send you news and newsletters, special offers, and promotions (including sending you hotel reservation offers), specific to Earny's products.
- To better understand how users access and use our Services, on a de-identified, aggregated and/or individualized basis, in order to improve our Services and respond to user desires and preferences, and for other commercial, research and analytical purposes.
How Is Collected Information Shared?
We may share your information, including Personal Information, as follows:
- Earny Users. If you sign up after being referred by another Earny user, we will notify them and allow them to claim any applicable referral bonus.
- Merchants, Payment Card Providers and their Service Providers. We will share your information with merchants, payment card providers, and the benefits and claims administrators and service providers of such payment card providers (including any service providers that process the claims or facilitate the processing of the claims on behalf of such companies) in order to request refunds or submit claims under any cardholder protection programs you are enrolled in.
- Service Providers. We may disclose the information we collect from you and information that we collect about you (including the contents of your email messages) with third party vendors, service providers, contractors or agents who perform functions on our behalf. However, we do not disclose any information we collect from Gmail and Yahoo user’s emails with third parties. Earny has executed appropriate contracts with its service providers that prohibit them from using or sharing your information except as necessary to perform the contracted services on our behalf.
- Business Transfers and Commercial Transactions. If we are acquired by or merged with another company, if a portion of or substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company. In addition, we may remove all personally-identifiable information from your Personal Information (“Derivative Data”) and make that Derivative Data available for purchase by third parties. Those third parties will not be able to connect the Derivative Data with you or your Personal Information.
- In Response to Legal Process.We may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
Should you close your account with us, we may retain the information we have collected about you, including Personal Information, for internal purposes, including record keeping and business purposes, data reconstruction and backup, and compliance with applicable law.
International Transfers of Information
Earny controls and operates the Service from its headquarters in the United States of America and may transfer, store and process your information in any location worldwide, including the United States. Eligibility to use the Services is restricted to residents of the United States of America.
Cookies and Tracking
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your device’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).
Interest Based and Personalized Advertising
If you would like to opt-out of the cookies and other tracking technologies we employ on the Services, you may do so by blocking, disabling, or deleting them as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android and iOS.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from advertisers that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp and www.aboutads.info/choices/. Please note you must separately opt out in each browser and on each device. Opting out from tracking by one or more advertising partner through the tools identified above will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any generic, non-personalized advertising through our Services or on other websites.
Our Services may contain links to third-party websites and applications. Any access to and use of such linked websites/applications is not governed by this Policy, but instead is governed by the privacy policies of those third party websites/applications. We are not responsible for the information practices of such third party websites/applications.
Security of My Personal Information
We have implemented safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure of information we collect.
Your California privacy rights
California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing Personal Information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose Personal Information of customers to third parties for the third parties’ direct marketing purposes if the customer or user has exercised an option to opt-out of such information-sharing. We do not share your Personal information with third parties for direct marketing purposes, so these provisions are not relevant.
California has also adopted the California Consumer Privacy Act (“CCPA”), effective beginning in 2020. We comply with the requirements of the CCPA to the extent they apply to us. For purposes of the CCPA and this section, the term Data applies to all the Personal Information we collect about you. However, to the extent that Personal Information is de-identified and aggregated, it is not considered Data under the CCPA or this section.
If you are a California resident, you have the following rights:
- You have the right to request that we disclose the categories and the specific items of Data about you that we collect, use, disclose, and/or sell and that Data about you that we have collected, used, disclosed, and/or sold during the 12 months prior to your request.
- You also have the right to have the Data we collect about you deleted. We use a two-step process to verify your identity and to have the information deleted. Your rights to have Data deleted are subject to several exceptions, specifically the Data that is necessary for us to:
- complete your transaction;
- provide you a good or service;
- perform a contract between us and you;
- protect your security and prosecute those responsible for breaching it;
- fix our system in the case of a bug;
- protect the free speech rights of you or other users;
- comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
- engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
- comply with a legal obligation; or
- make other internal and lawful uses of the information that are compatible with the context in which you provided it.
- To make any request under the CCPA, you must follow the Data Request Policy found at www.earny.co/optout. You will be asked to give us your name, e-mail address, telephone number, and any other information we request to reasonably verify your identity. We will respond to your request within 10 days after receipt of your request, and we will then take action to verify your identity and fulfill your request, as required by the CCPA.
- We will provide you with a CSV copy of your stored data within 45 days of your request, assuming we are able to verify your identity in that period and so long as you provide a correct email address for successful correspondence.
- You have the right not to receive discriminatory treatment by us for the exercise of any privacy rights conferred by the CCPA, which means that we will not take any action to hurt or punish you for exercising your rights under the CCPA.
- You may designate an authorized agent to make a request under the CCPA on your behalf by writing us at firstname.lastname@example.org. Upon receipt of your request, we will provide you with the information you will need to designate that agent.
- For more information, please direct your questions to us at email@example.com.
We do not sell the Personal Information of minors under 16 years of age.