Exhibit E
Colu-Peachtree Corners Privacy Policy
Last Updated April 13th , 2022
This Privacy Policy (the “Privacy Policy”) is provided by Colu Technologies (US) Inc. and parent company Colu Technologies Ltd. (Israel), which are referred to within the Privacy Policy collectively as “Colu”, “we”, “us” and/or “our”. It explains how we may collect, store, use, and disclose information when you access or use (1) our website located at www.Colu.com (the “Website”); (2) our mobile applications to which this Privacy Policy is posted (collectively, the “Application” or the “App”); and (3) any services, content, and features made available by us through the Website or the Application (together with the Website and the Application, the “Services”).
By accessing or using the Services, you consent to our collection, storage, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to every provision of this Privacy Policy, you may not access, sign up to or use the Services.
1. Introduction
Colu is providing municipalities in the United States with services that are intended to increase civic engagement, promote city goals, encourage local spending, and support local businesses (the “Services”). This is done through Colu’s technological platform, which includes the Application. The Application is localized to each of the municipalities that are engaging Colu (each of them will be referred to as “City”); City is providing you with its own services through the Application, including, e.g., a municipal reward program (the “Reward Program”). In the course of providing our services to the City , we collect, store, use and disclose certain types of information about users of the Application (“you”, “your”, or “Users”). This information includes information that identifies you (“Personal Information”). Colu is committed to treating your Personal Information with respect and sensitivity and is committed to protecting the privacy and security of your Personal Information. If you have any queries about this Privacy Policy or in relation to how we use your Personal Information, please contact us at Privacy@Colu.com. Please note that we may also collect, use and share/license aggregated data and other types of anonymized data such as statistical or demographic data for any purpose.
Aggregated/anonymized data could be derived from your Personal Information but is not considered Personal Information as it does not identify you personally. For example, we may aggregate your data of usage of the App to calculate the percentage of users accessing a specific App feature. As another example, we may aggregate your data of purchases qualifying for rewards with that of other users and share it (anonymized) with City (or third-party sponsors), in order to analyze the results of a reward offering campaign under the Rewards Program. However, we will not combine or connect Aggregated Data with your Personal Information so that it can identify you.
We keep our Privacy Policy under regular review and may change it from time to time by posting a revised version and updating the ‘Effective Date’ above. The revised version will be effective on the “Effective Date” listed. We will provide you with reasonable prior notice of substantial changes in how we use your information, by email or other means, at our choice by email. We may provide notice of changes in other circumstances as well. If you are unhappy with these changes, you can stop your use of the Application.
The Application contains links to and from websites and platforms of third parties, such as merchants, social platforms and others. Please note that these websites, platforms, and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites, platforms or services. Please check these policies before you submit any personal data to these websites and platforms or use these services.
2. Types of Information We Collect and How We Collect It
We collect the following information from you for the purposes described in this Privacy Policy:
User Registration Information. When you register to create a user account on the Application, we collect your name, email address, and telephone number.
Communications, Feedback, Support, and Inquiries. If you contact us via the Application, we may receive your name, email address, and telephone number, as well as the subject matter of your message and any comments, content, or responses that you choose to provide. If you contact us, we may keep a record of that correspondence.
In signing up to the Application, you expressly consent to receive text messages, push notifications and emails from us or from the City to the phone number and email address you provided us in registering for an account on the Application, including marketing and promotional communications relating to the Reward Programs and/or Reward Offers. You can opt-out from receiving marketing and promotional emails and text messages by adjusting the relevant settings in the App or by contacting us at chooseptc@colu.com or by following the unsubscribe instructions in any email or text message you receive. Please note that certain Services-related emails that we send (including emails we may send on behalf of City) are necessary for the proper functioning and use of the Services and you may not have the ability to opt-out of those emails. You may opt-out from receiving phone notifications by adjusting the preferences in your mobile phone.
By providing your information via the Application, you authorize Colu and the City to initiate electronic communications by telephone to numbers (including to cellular phones) that are provided through the Application or as part of the registration, even if the telephone number provided is on any do not contact list (including any corporate, state, or federal Do Not Contact list) and text messages (SMS or MMS) to cellular phone numbers that are provided through the Application to provide transaction updates, other purposes related to the App and the Services provided by Colu to City, and for telemarketing and advertising purposes related to the Reward Program and/or Reward Offers. Colu will not send marketing and/or promotional text messages to you that are unrelated to the Services provided to the City. You consent to such communications, which may occur by use of an automatic telephone dialing system or other automated means (e.g. automated text and/or artificial and/or pre-recorded messaging). Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages, and you agree to be responsible for all such charges. You understand and acknowledge that you are not required to give this consent in order to make purchases or place orders with one or more redeeming merchants. Do not submit your information if you do not consent to being contacted by telephone, text, or email.
Usage Information. When you access or use the Services via a computer or mobile device, including, without limitation, a desktop computer, laptop, mobile phone, tablet, or other electronic device (each, a “Device”), we may collect certain information from your browser and your Device, which includes your Device type and manufacturer, your Device operating system and version, your mobile carrier, your Device identifiers, your mobile phone number, your IP address, your browser type, your network connection type, information about the webpage that referred you to the Website or that you visited prior to the Website, and your behavior and activity on the Website and the Application. This includes, for example, details of your usage of the App, such as details of your participation in reward offers in the App, your reward balance and information on rewards awarded to you and redeemed by you through the Application at any of the Redeeming Merchants’ stores (each, a “Redemption Purchase”).
Location Information. When you use the Application, we may collect information from your mobile Device about your geolocation. We may use this information to provide targeted offers to you and notify you of nearby third-party locations where you may use the Services. You may opt out of the collection of location data at any time by changing your settings on your mobile Device or your preferences in the App settings. However, if you do so, certain features of the Services may not be available to you or the performance of certain features of the Services may be limited or not work at all.
Cookies and Similar Tracking Technologies. When you access or use the Services, we may place small data files on your Device that assign random, unique numbers to your Device to enable us to recognize your Device when you use the Services. These data files may be cookies, pixel tags, other local shared objects, or similar technologies provided by your browser or associated applications (collectively, “Cookies”). We may use Cookies to recognize your Device, manage and store your settings and preferences for the Services, improve the Services, offer targeted products and services to you, and collect and analyze information about your access and use of the Services. First-party Cookies are set by the website you’re visiting and they can only be read by that site. Third-party Cookies are set by a party other than that website. The Cookies we use in connection with the Services may include the following:
- Session Cookies: Session Cookies are temporary Cookies that expire and are automatically erased when you close your browser window. We may use session Cookies to grant you access to content and to enable actions that require you to be logged into your User Account to perform.
- Persistent Cookies: Persistent Cookies are Cookies that remain in your browser until they expire or you manually delete them. We may use persistent Cookies to better understand usage patterns so we can improve the Services. For example, we may use a persistent Cookie to associate you with your User Account or to remember your choices for the Services.
- Third-Party Cookies: Some third parties may use Cookies to collect information about your online activities over time and across different websites when you access or use the Services. For example, we may use Google Analytics to analyze usage patterns for the Website and the Application. Google Analytics may generate a Cookie to capture information about your access and use of the Website and the Application that Google may use to compile reports on activity for us and to provide other related services. Your web browser may automatically send certain information to Google, such as the web address of the page that you are visiting and your IP address. To opt out of Google Analytics in connection with the Services, visit the Google Analytics opt-out page and install the add-on for your browser. For more details on installing and uninstalling the add-on, please see the relevant help resources for your specific browser. We do not control third parties’ use of Cookies or similar tracking technologies. Such use is subject to the respective third parties’ privacy policies.
Choices about Cookies.
By accessing or using the Services, you consent to the placement of Cookies on your Devices as described in this Privacy Policy. If you prefer not to receive Cookies, you may set your browser to refuse all or some types of Cookies or to alert you when Cookies are being sent by website tracking technologies and advertising. You may adjust your browser settings to opt-out of accepting a “persistent” cookie and to only accept “session” cookies, but you will need to log in each time you want to enjoy the full functionality of the Site. If you set your browser settings to refuse all Cookies, the performance of certain features of the Services may be limited or not work at all.
In addition, in our email messages to you (including emails that Colu may be sending on behalf of the City operating the App), we and third party providers we may be using Cookies to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded. Some of our email messages might include “click-through URLs” linked to content on the Website or the Application. We track click-through data to help us understand and analyze interest in topics and use of the Services.
Information Collected from Third-Party Payment Card Information
The Reward Program provided by City through the App may allow you to receive reward points for qualifying purchases at certain local Merchants, as defined in the App’s User Terms and Conditions that include both Non-Redeeming Merchants and Redeeming Merchants. (see link below)
[https://chooseptc.colu.com/en/support/solutions/26000036580]
In order to be able to receive such reward points for qualifying purchases, and to facilitate payments through the App, you will be required to link a financial account to your App account by providing our third-party information vendor, Plaid Technologies, Inc. (“Plaid”), with the linked financial account identifiers and login information, and/or similar information (collectively, the “Financial Account Login Information”). Such Financial Account Login Information is collected by Plaid pursuant to the terms and conditions of its privacy policy [https://plaid.com/legal/#privacy-policy}. We are provided only with an encrypted token by Plaid and we do not obtain access to your Financial Account Login Information itself.
Once you have linked a financial account to the App, Colu will receive from Plaid information about the linked financial account including the name of the financial institution, account name, account type, account ownership, and the last 2-4 alphanumeric characters of the financial account number. Colu will also receive information about transactions you make with Non-Redeeming Merchants and Redeeming Merchants through the App (“Transaction Information”). The Transaction Information includes the amount of the transaction, name of the Non-Redeeming Merchants and Redeeming Merchant, type of purchase, quantity, price, location, and a general description of the transaction. The Transactional Data received by Colu shall only be used for providing the services under the App and for no other purpose, including, without limitation, selling information to third parties.
By linking your financial account, you:
Acknowledge and agree to the terms and conditions of Plaid’s privacy policy. You hereby expressly grant Plaid the right, power, and authority to access and transmit your information as reasonably necessary for Plaid to provide its services to you.
Authorize Colu to receive, process and store the information provided by Plaid as described above and to monitor the Transaction Information on your linked account in connection with identifying potentially qualifying purchases under the City’s Reward Program.
Please note that you are not obligated to link a financial account to the Application, and you may opt-out of the information collection, processing and transaction monitoring on the financial account(s) you have linked by de-linking them through the Application. However, if you do not link a financial account, you will not be able to take advantage of reward offers that are based on completing qualifying purchases at local Redeeming and Non-Redeeming Merchants, should the City initiate such reward offers.
Information from Other Third Parties and Publicly Available Sources
We may receive information about you from third parties and public sources, such as data from analytics providers, and name, contact information, profile photo and other account/profile information from social networks such as Facebook and providers such as Apple if you choose to register to the App through these services (should such an option be available).
3. How Do We Use Your Information?
To the extent permitted by applicable law, we may use the information described above in order to:
Offer and improve the Services and City’s services, including advising City on creating and personalizing content and reward offers;
To facilitate and process your orders;
Provide you with Services, products, content, customer service, and functionality;
Analyze usage of the Services and City’s services;
Manage our relationship with you;
Ensure the privacy and security of our App, Site, and Services;
Improve our customer service;
Alert you to software compatibility issues;
Deliver any notices or alerts and communications relevant to your use of the Services or City’s services, including on behalf of City;
For marketing and advertising purposes including on behalf of City, including sending you promotional material or special offers on our behalf or on behalf of City or other third parties, provided that you have not already opted-out of receiving such communications;
To fulfill contracts we have with you, our contract with City, and to assist City in fulfilling its contracts with you;
Offer you other products, programs, or services that we or City believe may be of interest;
Administer a contest, promotion, or survey;
Perform market research, project planning, product development, troubleshooting Problems, and analysis of user behavior;
Detect, prevent and investigate actual or suspected fraud, hacking, infringement, or other misconduct involving the App, Site, or Services;
Comply with any applicable federal, state, or local laws and regulations and respond to lawful requests;
Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, order, or summons by federal, state, or local authorities;
Create, use, retain, or disclose de-identified or aggregated data; and
Investigate and resolve complaints, defend against legal claims and potential litigation, including on behalf of City
4. How Do We Share Information Described In This Privacy Policy?
Where permitted by applicable law, we may share the information described above in the following contexts:
Deidentified or Aggregated Data: We may share deidentified information or aggregated information about Users, such as groupings of demographic data or customer preferences, that does not identify any specific individual.
With City: The information collected, processed and transmitted by Colu from you through or in connection with the Services, including your name, email address, and phone number, will be shared by Colu with City. Colu may also share with City deidentified and/or aggregated information. Notwithstanding the foregoing, Colu will not share with City any Transaction Data nor any other financial account Personal Information provided to Colu by Plaid.
With Non-Redeeming and Redeeming Merchants: We may share your name, email address, and phone number information with third-party Non-Redeeming and Redeeming merchants located in the City that have agreed to participate in the Reward Program (“Participating Merchants”) and with whom you made a potentially qualifying purchase under the terms of the Reward Program. We may also share the date and amount of a particular transaction you made with Participating Merchants to inform them where a transaction occurred as needed for the Participating Merchant to confirm that a specific transaction occurred so the Participating Merchant can verify your purchase with its records or confirm if there is a missing or disputed transaction.
Corporate Affiliates: We may share your information with our corporate subsidiaries, affiliates, parent companies, or other companies under common control with us.
Disclosures with Your Consent: We may ask if you would like to share your information with other unaffiliated third parties who are not described elsewhere in this Privacy Policy. We will only disclose your information in this context with your consent.
Service Providers: We may share information with our service providers that need access to information to provide operational or other support services for the Services on our behalf, including data analysis, email delivery, hosting, infrastructure, network storage, customer service, technical support and promotional services who are bound by contractual obligations to keep the information we provide them confidential and are not permitted to use the information we provide to them for any other purposes beyond helping us provide the Services.
Legal Obligations and Rights (Subpoenas, Court Orders, and Warrants): We may disclose information in response to subpoenas, warrants, court orders, or other legal process, or to comply with relevant laws. We may also share information in order to establish or exercise our legal rights or claims; to defend against a legal claim; and to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our contracts.
Acquisitions or Similar Transactions: We may disclose your information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or part of our company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
5. Security
We take the security of your Personal Information seriously. We use technical, physical and administrative safeguards, such as, but not limited to, firewalls, encryption techniques and multi-factor authentication (MFA) procedures to maintain the security of your Information. Unfortunately, no collection or transmission of information over the Internet or other publicly accessible communications networks can be guaranteed to be 100% secure, and therefore, we cannot warrant the security of any such information. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.
The safety and security of your personal information also depends on you. Where you use a password for access to the App, you are responsible for keeping the password confidential. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages).
6. How Long Do We Store and Use Your Personal Information?
We retain and use your information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our services, and to enforce our agreements. Upon the termination of providing Services to the City, Colu may retain your information for a period of two years and such information shall only be used for purposes of legal compliance or legal proceeding relating to the data.
7. Children’s Information
The App, Website, and Services are not directed for children aged 13 or younger, and we do not knowingly attempt to solicit, collect, or receive information from children under the age of 13. If you are under 13, please do not use or provide any information on the App or the Website (including, for example, your name, telephone number, email address, or username). If we learn we have collected or received personal information from a child under the age of 13 without verification of parental or legal guardian consent, we will take steps to stop collecting that information and delete it. Please contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of 13.
8. Contact Information
If you have any questions regarding this Privacy Policy, the App, the Website, or the Services, please contact us at Privacy@colu.com.
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