This Privacy Notice explains the collection and treatment of information by Spectiv Labs, Inc. (“SpectivLabs”, “we”, or “us”) you through our applications and related services (the “App”) and offers details to exercise your privacy rights. By accessing our App in any manner, you agree to our privacy practices as described in this Privacy Notice. If you do not agree with this Privacy Notice, do not access or use the App.
If you have questions about our privacy practices or would like to make a complaint, please contact us at [email protected].
Personal Data refers to any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Data falls within certain categories, for example:
- Identifiers (e.g., name, email, telephone number, address, username);
- Sensitive Personal Data (e.g., government identification number; precise geolocation; racial or ethnic origin; religious beliefs; health information; contents of messages when we are not the recipient; in some cases, information about a known child);
- Legally protected information (e.g., race, citizenship, marital status, sex);
- Employment-related information (e.g., current or past employment);
- Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99);
- Biometrics (e.g., DNA, face/voice prints, health data) and audio, electronic, visual, thermal, or olfactory information;
- Inferences drawn from Personal Data to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes;
- Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies); and
- Internet or other similar activity (e.g., browsing history; content interactions).
Not all information is protected as Personal Data, for example: publicly available information; aggregated information (meaning data summaries or reports with Personal Data removed); and anonymized information that cannot be linked back to an individual.
Collection and Processing
SpectivLabs will only collect, use, retain, and disclose Personal Data as is adequate and relevant to the specific, express purposes described below or as reasonably necessary and proportionate to provide our App or for other purposes that we disclose to you and are compatible with the context of how we collected your Personal Data.
We collect and process Personal Data with your consent as informed by this Privacy Notice and freely given at the time you provide the information, in fulfillment of contractual obligations to third-party affiliates that incorporate our App into their platform or services (“Affiliates”) for your use, to achieve another legitimate interest, or as authorized or required by law.
In the preceding 12 months, we have collected identifiers, commercial information, location information, and internet and similar information from these sources:
- Your Use of the App. When you use the App, we will collect commercial information related to the coupons you clip and use, products you view and purchase, and stated consumer preferences. With your consent, the App will also collect your location to effectively match you with local retail offers. We may also collect internet and similar information such as your device ID and details, browser information, and content interactions.
- Our Affiliates. You might use our App incorporated into a platform or service offered by our third-party affiliate (Affiliate”). We collect your phone number from the Affiliate to send you a one-time SMS passcode for authentication and fraud prevention purposes.
SpectivLabs uses your Personal Data to provide you with our App, for our internal business purposes, and to:
- Fulfill any purpose to which you consent.
- Monitor your compliance with our agreements and policies.
- Help maintain the safety, security, and integrity of our technology assets.
- Conduct internal testing, research, analysis, and product development, including to develop and improve our content and offerings.
- Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- Identify, contact or bring legal action against persons or entities who may be causing injury to you, to SpectivLabs, or to others as we determine necessary.
- Evaluate or conduct a business transition involving some or all of our company assets where Personal Data held by SpectivLabs is among the assets transferred.
We will not collect additional categories of Personal Data or use already collected Personal Data for purposes that are materially different, unrelated or not reasonably necessary or compatible with the original purpose without notice and consent to you as required by law.
The App is designed for adults, not children. No individual under the age of 18 should attempt to use the App or provide any Personal Data to SpectivLabs. If we learn we have collected or received Personal Data from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact [email protected].
SpectivLabs retains Personal Data for the minimum period necessary to provide our App or achieve our business goals. Data is retained by the SpectivLabs as long as the data is useful to make the App experience functional for the user. Any data not needed to support App functionality is deleted within 12 months of collection. SpectivLabs securely deletes data at the conclusion of the applicable retention period. SpectivLabs reserves the right to retain data for longer periods as required by law or court order or if doing so is critical to our business.
SpectivLabs will only disclose Personal Data to the third parties as described in this section, with your permission, or as required by law. In the preceding 12 months, we have disclosed Personal Data for a business purpose to the following third parties:
- Our Affiliates. If you use our App in connection with an Affiliate platform or service, SpectivLabs and the Affiliate may disclose Personal Data with one another or to our parent companies and/or subsidiaries.
- Our Service Providers. SpectivLabs uses service providers to offer the App, such as data hosting services and SMS and email providers. Our service providers have access to Personal Data as needed to perform their contractual obligations to us. We prohibit our service providers from selling or disclosing the Personal Data we provide, and we require all service providers to maintain confidentiality standards and appropriate technical and organizational measures to ensure the security of your Personal Data.
- Law enforcement, and other governmental agencies, as permitted or required by law.
- Other third parties, as permitted by applicable law, for example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
- Aggregated and Deidentified Information. We reserve the right to share aggregated, anonymized, or deidentified data without restriction.
Your Rights and Options
Depending on where you live or are located, you may have certain rights over your Personal Data that we collect and retain. You can control your Personal Data collected by SpectivLabs by contacting us for support:
- Use the chat feature provided on the App.
- Email use at [email protected].
- Update your App settings to give or revoke consent.
- Submit a Privacy Request to [email protected] to exercise your legal rights.
U.S. Consumer Privacy Rights
In the United States, consumer privacy is governed by federal privacy laws covering specific industries or data uses and state privacy laws providing with general consumer privacy rights. This section provides informational notices for privacy laws in states like California, Colorado, Connecticut, Nevada, Utah, Virginia, and other states that require companies to inform consumers about their privacy rights and provide a method to exercise those rights. Residents of states offering privacy protections (each a “Consumer”) can exercise their privacy rights to the extent those laws apply to SpectivLabs and the App.
- Right to Correct. You have the right to request that we correct inaccurate Personal Data about you on our systems. If you become aware that the Personal Data that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
- Right to Deletion. You have the right to request that we delete your Personal Data that we collected and retained, with certain exceptions. SpectivLabs may permanently delete, deidentify, or aggregate the Personal Data in response to a request for deletion.
- Right to Access. You have the right to request confirmation that we have collected Personal Data about you and that we provide you with access to that Personal Data. If you submit an access request, we will provide you with copies of the requested pieces of Personal Data in a portable and readily usable format. Please note that SpectivLabs may be prohibited by law from disclosing certain pieces of Personal Data, and we may be limited in the number or frequency of requests we must fulfill.
- Right to Disclosure. You may request that we disclose information to you about our collection and use of your Personal Data, such as: (a) the categories of Personal Data we have collected about you; (b) the categories of sources for the Personal Data we have collected about you; (c) our business purpose for collecting, using, processing, sharing or selling that Personal Data, as applicable; (d) the categories of third parties with whom we share that Personal Data; and (e) if we sold or shared your Personal Data under the CCPA, two separate lists stating: (i) sales or sharing, identifying the Personal Data categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Data categories that each category of recipient obtained. Certain laws may limit the number or frequency of requests we must fulfill.
- Limited Use and Disclosure of Sensitive Personal Data. You have the right to opt-out or limit our use of your sensitive Personal Data. SpectivLabs does not seek to collect sensitive Personal Data about any individual, and we never disclose sensitive Personal Data for the purpose of inferring characteristics about you or otherwise use your sensitive Personal Data without your consent. If this ever changes in the future, we will update this Privacy Notice and provide you with methods to opt-out or limit our use and disclosure of sensitive Personal Data.
- No Selling or Sharing. Some states entitle consumers to opt-out of the sale or sharing of Personal Data or targeted advertising practices. SpectivLabs does not sell your Personal Data or share your Personal Data with third parties for cross-contextual behavioral advertising purposes. If this changes in the future, we will update this Privacy Notice and provide you with a method to opt-out.
- Right to Opt-Out of Profiling. You have the right to opt-out of automated profiling. SpectivLabs may process your Personal Data to evaluate, analyze, or predict your interests and preferences. This processing is essential for the core functionality of the App. We never use automated profiling to produce significant effects that concern you. If you wish to prevent this type of processing, please discontinue use of the App or submit a Privacy Request.
- Right to Nondiscrimination. We will not discriminate against you for exercising your privacy rights. For example, unless permitted by law we will not: (a) deny you goods or services; (b) charge you different prices or rates for goods or services; (c) provide you a different level or quality of goods or services; (d) retaliate against you as an employee, applicant for employment, or independent contractor for exercising your privacy rights; or (e) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under applicable privacy laws.
- Right to Disclosure of Marketing Information. California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California residents to request certain disclosures regarding Personal Data sharing with affiliates and/or third parties for marketing purposes.
EU and UK Privacy Rights
This section provides the disclosures and notices required under the General Data Protection Regulation (“GDPR”) and its counterpart regulation applicable to residents of the United Kingdom. This section applies solely to residents of the European Economic Area (“EEA”) and the United Kingdom (“Data Subjects”). SpectivLabs processes Personal Data of Data Subjects as a processor to our Affiliates or as a controller where we have a direct relationship with the Data Subject. Data Subjects have the following rights over their Personal Data, subject to applicable limitations:
- Right to know how we process your Personal Data. We have set the required notices in this Privacy Notice. We may provide you with additional notices about other ways we process your Personal Data by sending you a notice via email or by another method. If you have questions or concerns, you can contact us at [email protected].
- Right to access your Personal Data. Upon request, we will provide you with a copy of your Personal Data and details about the types of Personal Data we process, why we process it, and any third parties we work with to collect Personal Data on our behalf. We may have one or more legally valid reasons to refuse your request in whole or in part, for example, to protect the rights of other individuals.
- Right to restrict processing of your Personal Data. You can request that we restrict the processing of your Personal Data if: (a) the data is inaccurate; (b) the processing is unlawful; (c) we no longer need the Personal Data; or (d) you exercise your right to object.
- Right to rectify your Personal Data. If you become aware that the Personal Data that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
- Right to data portability. In some circumstances, we are required to provide your Personal Data to another organization at your request and in a structured, commonly used and machine-readable format.
- Right to erasure (a.k.a. the “right to be forgotten”). Upon your request, we must delete your Personal Data in certain circumstances and where required by law. This right is not absolute, and we may be entitled to retain and process your Personal Data despite your request. If you make this request, we balance certain legal, contractual, and business interests against your right to request the deletion of your Personal Data.
- Right to object to certain processing of your Personal Data. Upon your request, we will limit our processing of your Personal Data as you request in certain circumstances and where we are required to do so by law.
- Right not to be subject to automated decision-making.SpectivLabs uses automated processing to provide certain App functionality, but this processing does not result in a legal or similarly significant effect on any Data Subject. As such, the App does not use automated decision-making to process Data Subject Personal Data. If this changes in the future, we will update this posting to describe our use of automated decision-making and your options to exercise your privacy rights related to your Personal Data processed using automated decision-making.
- Right to lodge a complaint with a supervisory authority.Data Subjects can submit requests, questions, or complaints to SpectivLabs using the methods described under Privacy Requests. If, after contacting us, you feel a privacy issue has not been resolved, you have the right to file a complaint with a supervisory authority. We suggest the Data Protection Commissioner of Ireland.
Canadian Privacy Rights
This section provides the disclosures and notices required under Canada’s Personal Data Protection and Electronic Documents Act (“PIPEDA”) and solely to residents of Canada where PIPEDA applies (“Canadian Consumers”). PIPEDA gives Canadian Consumers specific rights regarding Personal Data offering details on an identifiable person without the inclusion of name, title, telephone number, and business address of an employee of a business or organization. The rights afforded under PIPEDA are described below.
- Right to know why we collect, use, and distribute the Personal Data we process. We have set the required notices in this Privacy Notice. We may provide you with additional notices about other ways we process your Personal Data, such as by sending you a notice via email or by other means of communication.
- Right to expect us to collect, use, or disclose Personal Data responsibly and not for any other purpose other than which you consented. We set your expectations in this Privacy Notice and collect express or implied consent at various stages of collection or processing. If we collect or use your Personal Data based on your consent, we will also notify you of any changes and will request your further consent as needed. You may withdraw your consent at any time with reasonable notice by contacting us at [email protected].
- Right to accuracy of your Personal Data. We take steps to reasonably ensure that your Personal Data we are using is accurate. If you become aware that the Personal Data that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
- Right to access your Personal Data. Upon written request and identity authentication, we will provide you with your Personal Data under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make the information available within 30 days or provide written notice where additional time is required to fulfil the request. We may not be able to provide access to some or all of the Personal Data you request if limited by law or potential infringement of another’s privacy rights. If we must refuse an access request, we will notify you in writing, document the reasons for refusal, and outline further steps that are available to you.
If you wish to exercise your rights under applicable privacy laws, or if you want to express concerns, revoke your consent, lodge a complaint, or request information, please contact [email protected]. In some cases, we may need to relay your request to an Affiliate for further processing. SpectivLabs can only assist with or fulfill a privacy request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Data, and to properly understand, evaluate, and respond to the request.
We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We endeavor to respond to privacy requests in accordance with the requirements of the law applicable to your jurisdiction. If we do not fulfill your request within the legally required timeline, you can appeal our response by contacting [email protected].
International Data Transfers
SpectivLabs is a United States company using technical infrastructure in the United States and other countries. SpectivLabs is committed to transferring Personal Data using a lawful data transfer mechanism. Specifically, when we transmit data from the EU to the United States or other jurisdictions, we do so pursuant to standard contract clauses approved by the European Commission and employ those security measures required by the country in question to secure the data. SpectivLabs works with third-party vendors from time-to-time and require those parties to meet these same standards.
If you access the App from outside the United States, please be aware that your Personal Data may be transferred to, processed, stored, and used in the United States or other jurisdictions. When your information is moved from your home country to another country, the laws and rules that protect your Personal Data in the country to which your information is transferred may be different from those of the country where you live. For example, if your information is in the United States it may be accessed by government authorities under United States law. We do not warrant that SpectivLabs is appropriate or authorized for use in any other jurisdictions. Each App user is solely responsible for determining whether their use of the App complies with applicable laws.
By allowing us to collect Personal Data about you, you consent to the transfer and processing of your Personal Data as described in this section.
SpectivLabs has implemented and maintains reasonable security measures to secure your Personal Data from accidental loss and unauthorized access, use, alteration, and disclosure. Our security measures are appropriate to the volume, scope, and nature of the personal data processed and designed to meet our duty of care with respect to your Personal Data. Please bear in mind that submission of information over the Internet is never entirely secure. You are responsible for keeping your device access and login information confidential. You are also encouraged to install anti-virus and anti-malware software on your devices and keep all software updated to avoid security risks. We cannot guarantee the security of information you submit via our App while it is in transit over the Internet, and any such submission is at your own risk.
This Privacy Notice only applies to the App. It does not apply to any third-party platforms or services, or any third-party services linked or accessible from our App. When using our App, you may have the option to link from or access third-party services via the App. Please note that SpectivLabs has no control over third-party websites, apps, devices, or systems, and you should exercise caution when deciding to disclose your Personal Data.
SpectivLabs may update this Privacy Notice from time to time. You can see when this Privacy Notice was last updated by checking the “last updated” date displayed at the top of this Privacy Notice. We will notify you about material changes to this Privacy Notice by email or by other measures that are appropriate to provide you with notice. We will collect your consent to these changes to the extent required by applicable law.