Blendid Terms and Conditions
WELCOME TO BLENDID. THE BLENDID TERMS AND CONDITIONS AND POLICIES IDENTIFIED BELOW, AS UPDATED FROM TIME TO TIME, (COLLECTIVELY THE “TERMS”) GOVERN YOUR ACCESS AND USE OF ALL OR PART OF THE BLENDID ONLINE SERVICES (AS DEFINED IN THE BLENDID TERMS AND CONDITIONS OF USE), WHICH INCLUDES THE MY BLENDID REWARDS PROGRAM. BY DOWNLOADING, USING, OR VISITING ANY OF THE BLENDID ONLINE SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY . IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR OUR PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE BLENDID ONLINE SERVICES. “Blendid” includes 6d Bytes Inc. dba Blendid and any of its parents, affiliates, or subsidiaries and each of their respective members, officers, directors, and employees. When used in these Terms, “Blendid,” “we,” “us,” or “our” refers to Blendid. We may change or modify some or all these Terms from time to time and will post the updated Terms with an “Updated as of” effective date of the revision. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and you waive any right you may have to receive specific notice of such changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to, use of and/or participation in the Blendid Online Services after these Terms have been changed or modified signifies your acceptance of any updated Terms. As a result, you should frequently review these Terms to understand the terms and conditions that apply to your access to, use of and/or participation in the Blendid Online Services. If you do not agree to the changed or modified Terms, then do not use the Blendid Online Services.
PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND OTHER CLAUSES, WHICH GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW.
APPLICABLE TERMS AND CONDITIONS:
Blendid Terms and Conditions of Use
Blendid Rewards Program & Blendid App Terms and Conditions
User Generated Content Terms and Conditions
OTHER IMPORTANT POLICIES:
California Privacy Policy (for California Residents)
Blendid Terms and Conditions of Use
Updated as of December 1, 2021
These Blendid Terms and Conditions of Use (“Terms of Use”) contain an arbitration agreement and class action waiver that apply to all claims brought against Blendid. Please read them carefully. Please click HERE to review the “Dispute Resolution and Mandatory Arbitration; Class Action Waiver” section.
These Terms of Use are a binding legal agreement between you and Blendid (as defined below) and govern your use of the website located at www.blendid.com and any other Blendid-related website (each a “Site” and collectively the “Sites”) or mobile application (each an “App” and collectively, the “Apps”) owned or operated by 6d Bytes Inc. dba Blendid or any of its parents, affiliates or subsidiaries and each of their respective members, officers, directors and employees (collectively, “Blendid”) or operated on behalf of Blendid, and the materials, software, and content available on or through such Sites and Apps, and the products, programs, and services available on or through such Sites or Apps that link to these Terms of Use (each a “Service” and collectively, the “Services”) (collectively, the “Blendid Online Services”). When used in these Terms of Use, “Blendid,” “we,” “us,” or “our” refers to Blendid.
Your use of the Blendid Online Services confirms your unconditional agreement to be bound by these Terms of Use and is subject to your continued compliance with these Terms of Use. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Blendid Online Services. Before using the Blendid Online Services, please review the related Privacy Policy (the “Privacy Policy”), which is incorporated herein by this reference.
AGREEMENT TO TERMS AND CONDITIONS OF USE BY USER
By using the Blendid Online Services, you acknowledge and accept without limitation or qualification, these Terms of Use, the terms and conditions for each Site, App and/or Service, our User Generated Content Terms and Conditions, our Cookie Policy, our Privacy Policy, and our California Privacy Policy (for California residents), each of which is incorporated herein by reference and form part of your agreement with Blendid.
Blendid grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Blendid Online Services and the materials thereon for your personal use only, provided that you comply fully with these Terms of Use. You shall not interfere or attempt to interfere with the operation or use of the Blendid Online Services by other users in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means.
The Blendid Online Services are intended solely for users thirteen (13) years of age and older. You represent and warrant that you are thirteen (13) years of age or older. Any person who is a minor in their jurisdiction of residence must have their parent or legal guardian’s consent to access the Blendid Online Services.
MODIFICATION
Blendid may modify change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Blendid Online Services or these Terms of Use, in whole or in part, at any time. For changes to these Terms of Use that we deem material, we will post the revised Terms of Use on the Site and update the “Updated as of” date at the top of these Terms of Use. If you disagree with the revised Terms of Use, you may terminate this agreement immediately as provided in these Terms of Use. If you do not terminate your agreement before the date the revised Terms of Use become effective, your continued access to or use of the Blendid Online Services, in whole or in part, will constitute acceptance of the revised Terms of Use.
LINKS TO THIRD PARTY SITES
The Blendid Online Services may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, games, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site. If you decide to leave the Blendid Online Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
RESTRICTIONS ON USE
The Blendid Online Services, and all of the content they contain, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Blendid Online Services (other than and except for “User Generated Content” (as defined herein)) are owned by or licensed by Blendid or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws. Except as expressly permitted in writing by Blendid, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Except as otherwise expressly set forth herein, nothing contained in this Agreement or the Blendid Online Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Blendid or such third party that may own the Material or intellectual property displayed on the Blendid Online Services. Blendid may add, change, discontinue, remove, or suspend the display of or access to any of the Material at any time, without notice and without liability. Linking, or any other manner of incorporating the whole or parts of the Sites and Apps, including the framing of Sites and Apps by sites or site elements controlled by third parties, is strictly prohibited.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Blendid Online Services, you warrant to Blendid that you will not use the Blendid Online Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Blendid Online Services in any manner which could damage, disable, overburden, or impair the Blendid Online Services or interfere with any other party’s use and enjoyment of the Blendid Online Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Blendid Online Services.
REGISTRATION
You need not register with Blendid to simply visit and view the Sites or App and use many of the Services available on the Sites or App. However, Blendid may from time to time require you to register for an account in order to access certain password-restricted areas of the Sites and Apps and to use certain Services and materials offered on and through the Sites and Apps, including, without limitation, the Blendid Rewards program. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Sites and Apps, including, without limitation, the Blendid Rewards program. You agree that you will not provide any false personal information to the Sites or Apps or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile. If you select a username for your account, you will not incorporate any third-party intellectual property into your username, and we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a celebrity or trademark owner complains about a username). Blendid shall have the right to approve or reject any requested account, in Blendid’s discretion. If your account is approved, you will be permitted to log in to the applicable Site, App or Service using the password you select. You may not permit anyone other than yourself to use your username or password to gain access to the Site, App or Service. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are responsible for all activities that occur using your username and password.
COMMUNICATION SERVICES; SUBMISSIONS AND UNAUTHORIZED CONDUCT
The Sites and Apps may contain bulletin board services, chat areas, news groups, forums, communities, guest satisfaction surveys, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Blendid, the public at large, or within a group (collectively, “Communication Services“). As used in these Terms of Use, the term Blendid Online Services shall include Communication Services. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards, or other information communicated to Blendid through the Sites and Apps, via the Communication Services or otherwise (each, a “Submission“), will forever be the property of Blendid, except as otherwise expressly stated by Blendid in connection with a specific Submission. Blendid will treat any Submission as nonproprietary and non-confidential. By posting, uploading, inputting, providing, or submitting your Submission you acknowledge that you and not Blendid have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions. Except as otherwise expressly stated by Blendid in connection with a specific Submission, anything you transmit or post becomes the property of Blendid and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing.
No compensation will be paid with respect to the use of your Submission, as provided herein. Blendid is under no obligation to post or use any Submission you may provide and may, in Blendid’s sole discretion, remove any Submission at any time, for any reason, without notice to you.
Blendid may from time to time monitor Submissions on the Sites, Apps and Communication Services; however, Blendid is under no obligation to do so. Blendid assumes no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Sites or Apps, including in Submissions. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Blendid will fully cooperate with any law enforcement authorities or court order requesting or directing Blendid to disclose the identity of anyone posting any such information or materials.
When using the Blendid Online Services and/or making a Submission, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:
Blendid has no obligation to monitor, police, or remove any Submissions. However, Blendid reserves the right in its sole discretion to review Submissions and to remove any materials at any time, for any reason, without notice to you. Blendid reserves the right to terminate your access to any or all the Blendid Online Services at any time without notice for any reason whatsoever.
Blendid reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Blendid’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children on or through the Blendid Online Services. Blendid does not control or endorse the content, messages, or information found in any Communication Service. Therefore, Blendid specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Blendid spokespersons, and their views do not necessarily reflect those of Blendid.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
USER GENERATED CONTENT
Any content you post to our Sites, Apps or social networking pages (“User Generated Content”), may be available to all Users, and we cannot prevent such content from being used in a manner that violates these Terms of Use, the law, or your personal privacy. We may review such User Generated Content, remove it, or combine such User Generated Content with other information we have collected about you and use it as described in our Privacy Policy. All User Generated Content is subject to these Terms of Use, our Privacy Policy, our California Privacy Policy (for California residents), and the User Generated Content Terms and Conditions.
IDEA SUBMISSIONS
Blendid and its employees do not consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans, or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (collectively, “Idea Submissions”) in any form to Blendid or any of its employees. The chief purpose of this policy is to avoid potential misunderstandings or disputes when Blendid products or marketing strategies might seem like ideas submitted to Blendid. If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:
You agree that: (1) your Idea Submission(s) and their contents will automatically become the property of Blendid, without any compensation to you; (2) Blendid may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way; (3) there is no obligation for Blendid to review or use Idea Submission(s); and (4) there is no obligation to keep any Idea Submission(s) confidential.
PROMOTIONAL / ADDITIONAL FEATURES
From time to time, Blendid may offer sweepstakes, contests, or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests, or promotions offered via the Blendid Online Services may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
When using the Sites, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the “Guidelines”). All these Guidelines are hereby incorporated by reference into these Terms of Use.
NO RESALE / EXPLOITATION
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Blendid Online Services for any commercial purpose.
PRODUCT FEEDBACK
Blendid welcomes your feedback regarding many areas of our business. If you want to send us your feedback, and we hope you do, we simply request that you use the Contact Us feature on this Site. Please provide only specific feedback on Blendid existing products or marketing strategies. Any feedback you provide at this Site shall be deemed to be non-confidential. Blendid shall be free to use such information on an unrestricted basis.
GEOGRAPHIC RESTRICTIONS
Blendid operates the Blendid Online Services in the United States. We provide the Blendid Online Services for use only by persons located in the United States. Blendid makes no representation that the Blendid Online Services, including the Sites, Materials, or merchandise offered for sale on the Sites and Apps and their copyrights, trademarks, patents, and licensing arrangements are appropriate or legal for use in locations other than the United States. If you access the Blendid Online Services from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
JURISDICTION OF THE BLENDID ONLINE SERVICES
Except as described otherwise, all materials in the Blendid Online Services are made available only to provide information about Blendid or Blendid’s affiliate or subsidiary. Blendid, or its designee, controls and operates the Blendid Online Services from its headquarters in Sunnyvale,CA, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use the Blendid Online Services from other locations, you are responsible for compliance with applicable local laws.
DISCLAIMER OF WARRANTIES
BLENDID AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITES OR APPS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
BLENDID AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE PROVIDE THE BLENDID ONLINE SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. FOR EXAMPLE, (A) BLENDID DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) BLENDID NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITES AND APPS WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES; (C) BLENDID DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND APPS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) BLENDID DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SITES AND APPS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BLENDID) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE DISCLAIMERS IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU HAVE STATURORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUROILY REQUIRED RIGHTS OR WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Sites and Apps contain downloadable materials as well as links to external websites. Blendid is not responsible for, and has no control over, the content of such downloadable materials or external websites. The inclusion of any link to such websites does not imply endorsement by Blendid of the websites. You understand that Blendid cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Sites and Apps, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties.
RESTRICTION OF LIABILITY
Blendid will not be liable for any damages or injury caused by the Blendid Online Services, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLENDID AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BLENDID ONLINE SERVICES, WITH THE DELAY OR INABILITY TO USE THE BLENDID ONLINE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE BLENDID ONLINE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BLENDID ONLINE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BLENDID OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BLENDID ONLINE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BLENDID ONLINE SERVICES.
NEITHER BLENDID (INCLUDING ITS AFFILIATES AND PERSONNEL) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BLENDID ONLINE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS OF USE, (II) THE USE OF OR INABILITY TO USE THE BLENDID ONLINE SERVICES, OR (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF THE BLENDID ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLENDID HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL BLENDID’S AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF OR INABILITY TO USE THE BLENDID ONLINE SERVICES, EXCEED THE AMOUNT YOU PAID TO BLENDID DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND BLENDID. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BY ACCESSING THE BLENDID ONLINE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The material, software, products, and Services in the Sites and Apps, or available through the Sites and Apps, may include technical inaccuracies or typographical errors. Blendid is not responsible if information made available through the Blendid Online Services is not accurate, complete, or current. The material on the Blendid Online Services is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on or use of the material and Services on the Sites and Apps is at your sole and exclusive risk. The Sites and Apps may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Blendid may make changes or improvements at any time. ADVICE RECEIVED VIA THE SITES AND APPS SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
EMPLOYMENT
Blendid and its employees do not accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position. Blendid is an equal opportunity employer committed to a diverse workforce. Blendid’s independent licensees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, DEFEND (AT BLENDID’S OPTION), INDEMNIFY, AND HOLD BLENDID HARMLESS FROM AND AGAINST ANY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR BREACH OF THESE TERMS OF USE (INCLUDING ANY SUPPLEMENTAL OR ADDITIONAL TERMS THAT APPLY TO A SERVICE); (B) YOUR USE OF THE BLENDID ONLINE SERVICES IN VIOLATION OF THESE TERMS OF USE; (C) INFORMATION POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND (D) YOUR BREACH OF ANY OTHER LAWS OR REGULATIONS. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN BLENDID’S DEFENSE OF ANY CLAIM. BLENDID RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF BLENDID.
TERMINATION
You understand and agree that Blendid may, in its sole discretion and at any time, terminate your password, account or use of any part of the Blendid Online Services, and discard and remove and permanently delete any content posted or submitted by you to any part of the Blendid Online Services, and/or prohibit you from accessing the Blendid Online Services, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Blendid may take any one or more of these actions without prior notice to you. Should Blendid take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that Blendid shall not have any liability to you or any other person for any termination of your access to any portion of the Blendid Online Services, or the removal of any of your content. Blendid will determine your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Blendid Online Services and may be referred to law enforcement authorities, if appropriate. No changes to or waiver of any part of these Terms of Use shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Blendid. Upon termination of your account or access to the Blendid Online Services, or upon demand by Blendid, you must destroy all materials obtained from the Blendid Online Services and all related documentation and all copies and installations thereof. If we disable your account, you agree that you will not create another account without our permission.
COPYRIGHT AND TRADEMARK INFORMATION
All trademarks used herein are owned by Blendid unless otherwise stated. All other third-party trademarks used on the Sites and Apps are the property of their respective owners and used under license by Blendid. Any rights not expressly granted herein are reserved.
All contents of the Blendid Online Services are copyrighted by Blendid. All Rights Reserved.
Blendid respects the intellectual property rights of others, and we ask you to do the same. Blendid may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Blendid Online Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on any Site or App, please provide Blendid designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site or App, and information reasonably sufficient to permit Blendid to locate the material.
Information reasonably sufficient to permit Blendid to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Blendid’s designated agent for notice of claims of copyright or trademark infringement can be reached as follows:
Copyright Agent
440 N Wolfe Rd.
Sunnyvale, CA 94085
(415) 237-0041
trademarks@blendid.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Blendid designated agent that includes all the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Blendid may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
Blendid reserves the right, in its sole discretion, to terminate the account or access of any user of our Blendid Online Services who is the subject of repeated DMCA or other infringement notifications.
DISPUTE RESOLUTION AND MANDATORY ARBITRATION; CLASS ACTION WAIVER
Please Read This Provision Carefully. It Affects Your Legal Rights.
Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Blendid in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this “Dispute Resolution and Mandatory Arbitration; Class Action Waiver” section (“Dispute Resolution Section”) applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
Overview of Dispute Resolution Process. Blendid is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms of Use provide for a two-part process for individuals to whom this Dispute Resolution Section applies: (1) an informal negotiation directly with Blendid (described in the “Mandatory Pre-Arbitration Dispute Resolution and Notification” section below), and if necessary, (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Blendid each retain the right to seek relief in small claims court as an alternative to arbitration.
Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 45 days prior to initiating an arbitration, you and Blendid each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Blendid by emailing it to privacy@blendid.com. Blendid will send its notice of dispute to the email address associated with your Blendid account, if any. A notice of dispute must include: the party’s name, preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 45-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org ).
Agreement to Arbitrate. You and Blendid mutually agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Blendid Online Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Blendid agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement. You and Blendid each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as set forth in the “Governing Law and Venue” section below): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Blendid agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org ) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Blendid agrees that any required arbitration hearing may be conducted, at your option: (a) in Sunnyvale, CA; (b) via phone or video conference; or (c) if all parties agree, by solely the submission of documents to the arbitrator.
Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Blendid will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
No Class Actions or Representative Proceedings. You and Blendid acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Severability. Except as provided in the “No Class Actions or Representative Proceedings” section above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
Changes to Agreement to Arbitrate. If Blendid changes this Dispute Resolution Section after the date you last accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Blendid (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Blendid.
Right to Opt-Out of Arbitration. Notwithstanding the above, you may choose to opt-out of the Arbitration Agreement (“Opt-Out Notice”). The Opt-Out Notice must be received within 30 days after the date you accept these Terms of Use for the first time (the “Opt-Out Deadline”). In order to opt-out, you must mail (1) your full name; (2) your address (including street address, city, state, and zip/postal code); (3) the email address(es) associated with your Blendid account, if any; and (4) a statement that you do not wish to resolve disputes with Blendid through arbitration. This procedure is the only way you can opt-out of the Arbitration Agreement. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration. If you opt-out of the Arbitration Agreement, all other provisions of the Terms of Use will continue to apply to you, including the below venue clause specifying Sunnyvale, CA.
Survival. Except as provided in the “Severability” section above, this Dispute Resolution Section will survive any termination of these Terms of Use and will continue to apply even if you stop using the Blendid Online Services or terminate your Blendid account, if any.
GOVERNING LAW AND VENUE
These Terms of Use shall be governed and construed in accordance with the laws of the State of California applicable to contracts entered into and fully performed in California (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement set forth above must be brought in state or federal court in Sunnyvale, CA, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Sunnyvale, CA.
MISCELLANEOUS
Interpreting these Terms of Use. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms of Use (including those items incorporated by reference) constitute the entire agreement between Blendid and you pertaining to your access to or use of the Blendid Online Services and supersede any and all prior oral or written understandings or agreements between Blendid and you. These Terms of Use do not and are not intended to confer any rights or remedies upon anyone other than you and Blendid. If any provision of these Terms of Use is held to be invalid or unenforceable, except as otherwise indicated in the “No Class Actions or Representative Proceedings” section above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms of Use it connotes an obligation with the same meaning as “shall.”
No Waiver. Blendid‘s failure to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise permitted under law.
Entire Agreement. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These Terms of Use may not be amended, nor any obligation waived, except by Blendid, or with Blendid’s prior written authorization. Any failure to enforce any provision of these Terms of Use shall not constitute a waiver thereof or of any other provision thereof.
Injunctive Relief. You acknowledge that any breach of this agreement would cause Blendid irreparable injury, such that Blendid would have no adequate remedy at law. You agree that in the event of such breach, Blendid shall be entitled to injunctive relief in addition to any other remedies it may have at law or equity, without the requirement of posting a bond.
INQUIRIES
Please direct all inquiries related to these Terms of Use to:
Blendid
ATTN: LEGAL
440 N Wolfe Rd.
Sunnyvale, CA 94085
(415) 237-0041
Blendid Rewards Program & Blendid App Terms & Conditions
Last Updated: December 1, 2021
THESE TERMS AND CONDITIONS (THE “BLENDID REWARDS TERMS”) GOVERN THE BLENDID REWARDS PROGRAM (THE “PROGRAM”) AND BLENDID APP (THE “APP”).
PLEASE READ THESE BLENDID REWARD TERMS CAREFULLY AND THE RELATED BLENDID TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”) AND THE BLENDID PRIVACY POLICY LOCATED AT: https://www.blendid.com/privacy, (BOTH OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE) BEFORE PARTICIPATING IN THE PROGRAM.
In its sole and absolute discretion, Blendid may change, modify, or terminate any and all aspects of the Program including, without limitation, its rules, terms, conditions, or rewards, with or without notice. Such changes may or may not affect previously earned Rewards.
BY ACCESSING OR USING THIS APP AND/OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THE BLENDID REWARDS TERMS, INCLUDING WITHOUT LIMITATION, THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER INCLUDED IN THE TERMS OF USE. THIS AFFECTS YOUR RIGHTS ON HOW TO RESOLVE DISPUTES WITH BLENDID. IF YOU DO NOT AGREE TO ALL OF THESE BLENDID REWARDS TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.
INTRODUCTION.
The Program is an electronic rewards program operated by or on behalf of 6d Bytes Inc. dba Blendid, and/or its parents, affiliates, subsidiaries, and licensees (collectively, “Blendid”). The Program provides eligible Blendid account holders who register for the Program through www.blendid.com (the “Website”) or the App (“Members” or “you”) with the opportunity to earn “Points” by participating in various activities, some of which are described below. You can redeem your Points from time to time for various “Rewards” as set forth below. These Blendid Rewards Terms govern the Program along with any other terms or policies incorporated by reference into these Blendid Rewards Terms. In the event of any conflict or inconsistency between these Blendid Rewards Terms and the terms of any other policies incorporated herein, these Blendid Rewards Terms will prevail, govern and control with respect to any matters pertaining to the Program and the other policies will prevail, govern and control with respect to all other matters. Please read these Blendid Rewards Terms carefully before participating in the Program. Your participation in the Program indicates that you have read, understood, and unconditionally consent and agree to these Blendid Rewards Terms. If you do not agree to these Blendid Rewards Terms, you may not participate in the Program. The Program is only for your own personal use. Members may not use the Program for commercial purposes, or in any way that harms Blendid or any other person or entity, as determined by Blendid in its sole discretion.
ELIGIBILITY.
The Program is open only to Blendid account holders who are legal residents of the fifty (50) United States and the District of Columbia, who are thirteen (13) years of age or older and who register for the Program through the Website or App. Minors must have parental consent. Registration is free. Any person whose access to the Website or App has been terminated or suspended by Blendid is NOT eligible to participate. To participate in the Program, go to the Website or download the App to your Android™ or iPhone® device and submit the information requested on the registration page and confirm your agreement to these Blendid Rewards Terms. Once you complete and submit all the registration information, a Program account (each, an “Account”) will be created for you. All registration information must be completed in full. Memberships can only be used by the Member whose name is listed on the Account. You should not give your password to any other person. You are responsible for all activity in your Account and any use of your password. Limit one (1) Account per person. You cannot have more than one Account. Blendid may, at any time, require you to verify your name and address by means of faxing, emailing, or mailing to Blendid a copy of your driver’s license or other form of identification approved by Blendid, in addition to providing Blendid with a signed statement of legitimacy; and Blendid may automatically require such verification in the case of multiple accounts from the same address, household, computer or IP address. If you attempt to obtain more than one Account, all Points in your Account may be forfeited, and Blendid may, at its sole discretion, terminate your membership and permanently ban you from participating in the Program. Officers, directors and employees of Blendid and its parent, subsidiaries, divisions and affiliates, (each, a “Program Entity,” and collectively, the “Program Entities”) may participate in the Program but may not be allowed to redeem Points for certain Rewards and may otherwise be subject to restrictions that do not generally apply to how Points are earned or used. Additional or different eligibility criteria may apply to certain opportunities to earn or use Points and other invitations made by the Program Entities or their business partners. The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It will be considered fraudulent for any individual, company, club, association or group to use or to direct, encourage, or allow other persons to use a single Account for the purpose of accumulating or aggregating Points for combined use, unless such use is expressly permitted by Blendid. Participation in the Program constitutes each Member’s permission for the Program Entities to use the Member’s first and last name, username, photograph, likeness, voice, biographical information, statements, address (city and state) and a description of any Rewards won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. To deactivate your Account, please use the Contact Us link on the Website and request that we delete your Account. If you delete your Account this means you will lose any Points, rewards, and offers that may have accrued.
Earning Points and Rewards.
Members have many ways to earn Points and Rewards in the Program. The Program may also award more than one type or “class” of Points. The number of Points and the type or “class” of Points that can be earned by participating in any opportunity to earn Points will be disclosed when the opportunity is presented. Some of the ways Members can earn Points and Rewards may include the following (subject to change):
Signing Up for a Program Account
You can earn a Reward by completing and submitting your registration information for an Account via the Website or App.
Purchasing Blendid Products at Participating Locations
You can earn Points by visiting participating Blendid retail stores in the United States and purchasing Blendid products (pre-tax, after applicable discounts and fees, including Groupon or any other third party programs, rounded down to the nearest dollar) or by placing an order via the App or the Website at participating Blendid retail stores in the United States on dine-in, carry-out, delivery, or catering pick-up (excluding the purchase of gift cards or fundraising cards)). You cannot earn points on orders placed through third-party delivery providers, such as UberEats or DoorDash. To earn Points for retail store purchases, enter the phone number associated with your Account at the time of purchase or for purchases on the Website or the App login to your Account. Limit one (1) phone number per transaction (if applicable). You will receive one (1) “Point” for each U.S. dollar spent, except during limited time promotions when Blendid may offer “Bonus Points” on featured products and/or services. No partial Points will be earned for purchase amounts less than one (1) U.S. dollar.
Surprise and Delight Rewards
The Program might provide Members with the opportunity to earn special surprise and delight Points and/or Rewards.
Birthday Rewards
The Program might provide Members with a special quantity of Points or a Reward on or around their birthday of record that was provided to Blendid during the Account set-up (“Birthday Reward”). Once your birthday is set in your Account profile, it cannot be changed. To receive a Birthday Reward, you must have an Account at least two (2) days before your birthday and meet certain minimum Points requirements, as determined by Blendid in its sole discretion.
BOGO Fundraising Rewards
The Program might provide Members with the opportunity to redeem a certain number of “Buy One, Get One” (“BOGO”) Rewards associated with the Blendid BOGO Fundraising Cards (“BOGO Fundraising Reward”).
Opt-in to Promotional Communications
The Program might provide Members with the opportunity to earn Points in exchange for signing up to receive promotional and marketing offers from Blendid by providing their email address or phone number.
POINTS AND REWARDS REDEMPTION.
Members may redeem Points for products, discounts, coupons, merchandise, and other rewards as determined by Blendid in its sole discretion (each, a “Reward”). Rewards may expire if not used by a date specified by Blendid, further details are provided on the Website or App on a reward-specific basis. A service fee of $0.35 and sales tax will be charged on each Reward redemption for orders placed via the Website or App. You may view your current earned Points or earned Rewards and their expiration date by logging into your Account. Blendid, in its sole discretion, may impose a limit on the number of Points or Rewards in the aggregate or by type that may earned or redeemed per Account, per day, per Reward or per any other generally applicable metric that may be selected by Blendid from time to time in its sole discretion. Points are not valid on the same transaction that earned the Points and are valid on the next store visit only as determined by Blendid in its sole discretion.
Rewards are subject to availability as determined by Blendid in its sole discretion. The expiration date for a Reward, if any, will be disclosed when the Reward is presented and may vary for different categories of Rewards. Blendid reserves the right to modify, amend or revise the Rewards available. Members may not rely on continued Reward availability. The number of Points required to redeem any Reward may be substantially increased, any Reward may be withdrawn, and restrictions and other terms and conditions associated with any Reward or its redemption may be imposed by Blendid or its designee or the third party business partner supplying the Reward. Rewards are non-assignable and non-transferable and may not be bartered or sold. Any Rewards assigned, transferred, bartered, or sold in violation of these Blendid Rewards Terms may be confiscated or cancelled. Physical Rewards (if any) will be shipped only to the United States address currently on file with Blendid for the applicable Member’s Account and will not be shipped to any other person or address. A pattern of redeeming Points for Rewards preceded or followed by changing the address, email address or telephone number for the applicable Account may be viewed as redemption fraud and could result in the termination of your membership in the Program. Blendid reserves the right to substitute Rewards of comparable or greater value if any redeemed Reward becomes unavailable for any reason. Unless otherwise specified at the time of redemption, physical Rewards (if any) will be fulfilled within six to eight weeks from date of redemption. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Program materials are for illustrative purposes only. The actual Reward may vary from the Reward pictured.
All details and restrictions of the Rewards not specified at the time the redemption opportunity is presented will be determined by Blendid in its sole discretion. Members shall be solely responsible for all federal, state, and/or local taxes including, without limitation, income taxes and any reporting consequences thereof in connection with a Reward. If required by law, as determined by Blendid in its sole discretion, Blendid reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due.
Points and Rewards have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned, or used to engage in any gambling activity. Any Points or Rewards obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Points and Rewards may be confiscated or cancelled. Points and Rewards must be redeemed in accordance with these Blendid Rewards Terms. Points and Rewards will not be replaced, reissued, or credited if lost, stolen, or otherwise altered or destroyed. If the Program includes tiers that provide the Member with benefits based on meeting a stated minimum threshold number of Points (each such tier, if any, referred to as “Points Level”), you should know that Points Levels are subject to change. Blendid, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw, or cancel any Points Level. Blendid also reserves the right, in its sole discretion, to determine and modify, at any time, the value of Points and the number of Points or the type of Reward that may be earned for any given activity. Rewards cannot be used in combination with any other discount, coupon or offer unless specifically allowed by the terms of a specific promotion. Once you have redeemed your Points or Rewards, they are gone and there are no refunds, returns or exchanges for additional Points, Rewards, cash, or other goods and services, even if you return the products, merchandise or other item(s) that your Points or Rewards were redeemed toward.
MODIFICATION AND TERMINATION.
Blendid may modify any of these Blendid Rewards Terms, including, but not limited to, the methods through which Points or Rewards can be earned, how Points or Rewards can be used, the types or “classes” of Points available, and the conditions under which Points or Rewards may expire or be forfeited, at any time, with or without notice, even though these changes may affect a Member’s ability to use the Points or Rewards that the Member has already earned. The Program has no predetermined termination date and may continue until such time as Blendid decides to terminate the Program. Blendid may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time and for any reason or no reason at all, with notice on the Website, in the App and/or via email to the Member’s email address currently on file with Blendid for their Account.
If Blendid amends these Blendid Rewards Terms, it will revise the “last updated” date located at the top of these Blendid Rewards Terms. For changes to these Blendid Rewards Terms that Blendid considers to be material, Blendid may place a notice in the App or Website by revising the link on the home page to read substantially as “Updated Blendid Rewards Terms and Conditions” for an amount of time that we determine in our discretion. If you continue to participate in the Program by earning Points or Rewards, redeeming Points or Rewards, logging onto your Account or in any other way after these Blendid Rewards Terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Blendid Rewards Terms will be available on the Website and will supersede all previous versions of these Blendid Rewards Terms.
If Blendid decides in its sole discretion to discontinue the Program, Members will have approximately thirty (30) days or an amount of time deemed reasonable by Blendid in its sole discretion from the date Program termination is announced to use their remaining Points or Rewards. Use of any remaining Points or Rewards will be on a first come, first serve basis and otherwise subject to the availability of Rewards. Members may not rely on continued Points or Reward availability. Blendid makes no representation or warranty about the number or type of Rewards that may be available after Program termination has been announced, and many Rewards that may have been available prior to termination will quickly become depleted or otherwise unavailable once the Program termination has been announce. Any Points or Rewards remaining in a Member’s Account at the time of termination will be forfeited and no compensation will be provided. Blendid may cancel your membership, cancel accumulated Points or Rewards, alter the number of Points or Rewards in your Account or suspend your membership privileges at any time with immediate effect if Blendid determines in its sole discretion that you (a) have acted in a manner inconsistent with applicable laws or ordinances; (b) acted in a fraudulent or abusive manner; (c) breached any of these Blendid Rewards Terms; (d) engaged in any fraud or abuse concerning Points or Rewards, Points/Rewards usage or Points/Rewards redemption; or (e) engaged in any conduct or act that causes Blendid to terminate or suspend your access to your Account. Blendid may also take appropriate administrative or legal action if any of the items listed above occurs. Nothing contained in these Blendid Rewards Terms shall limit Blendid in its exercise of any legal or equitable rights or remedies.
Blendid reserves the right to terminate the membership of any Member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to log onto his or her Account for twelve (12) months or with such regularity deemed sufficient by Blendid and announced from time to time on the Website. Blendid in its sole discretion may allow Members to prevent their Points from expiring by following Blendid’s instructions.
ELECTRONIC COMMUNICATIONS
When you visit the Website, App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including targeted emails, surveys, promotional offers and for other general business purposes. We will communicate with you by e-mail or by posting notices in the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Blendid Rewards Terms. We reserve the right to send you emails for administrative purposes even if you opt out of these communications. If you consented to receive SMS messages sent to your mobile phone, then you will receive marketing and transactional messages sent via auto dialer. You are not required to consent to receive these messages to receive the goods and services associated with the App or Program. Message and data rates may apply to your receipt of these SMS messages. You may opt out of receiving SMS messages or emails at any time.
SMS TERMS
If you provide us your mobile number and sign-up to receive Program-related SMS messages from us, you are expressly consenting to receive via auto dialing equipment text messages from us to the mobile number you provided when you created an Account. You understand and affirm that your consent is optional, and you are not required to consent to receive SMS messages from us to participate in the Program. Message and data rates may apply for any text messages sent to you from us and to us from you. Neither Blendid nor carriers are liable for delayed or undelivered messages. For questions about text message rates and costs, you should contact your mobile service provider. The number of text messages we send you will depend on your purchases through and participation in the Program. You may opt-out of SMS messages from us at any time by replying “STOP” or “CANCEL” to any text message we have sent. You may text “HELP” for help at any time. For additional support, please use the Contact Us link on the website. You may also update your message preferences in the App. We may send you a final text to confirm your opt-out.
GENERAL TERMS AND CONDITIONS.
ACCRUED POINTS AND REWARDS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. POINTS AND REWARDS ARE CREDITS THAT BLENDID MAY REVOKE AT ANY TIME AS SET FORTH HEREIN. POINTS AND REWARDS ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER OR OTHERWISE. Each Member is responsible for ensuring that the information in the Member’s Account is accurate and is kept current. If a Member believes that the Member’s Account does not properly reflect Points or Rewards earned from engaging in any activities, the Member must contact Blendid to resolve the issue. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Blendid reserves the right to seek damages from any such person to the fullest extent permitted by law. Blendid’s failure to enforce any of these Blendid Rewards Terms shall not constitute a waiver of the affected provision, or any other provision. All questions or disputes regarding an individual’s eligibility for the Program, the earning, crediting or use of Points or Rewards, or a Member’s compliance with these Blendid Rewards Terms will be resolved by Blendid in its sole discretion.
PROGRAM MALFUNCTIONS AND CONDUCT.
The Program Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Additionally, the Program Entities are not responsible or liable for any computer, programming, printer errors or the issuance of any unintended Points or Rewards. In no event will Program Entities be liable for, and Members expressly release the Program Entities from any claims as to the issuance of any unintended Points or Rewards. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Blendid which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, Blendid reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as Blendid deems appropriate. In the event Blendid is prevented from continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Blendid’s control (each a “Force Majeure” event or occurrence), Blendid shall have the right to modify, suspend, or terminate the Program, in whole or in part.
Any attempts by any Member to access the Program, Website, or the App via a bot script or other brute-force attack shall result in that Member becoming ineligible to participate in the Program. Blendid, in its sole discretion, reserves the right to disqualify and terminate participation of any Member found to be (i) tampering with the operation of the Program, Website, or the App (ii) acting in violation of these Blendid Rewards Terms (iii) violating the Terms of Use (iv) acting in an unethical or disruptive manner (v) acting with intent to annoy, abuse, threaten or harass Blendid, its representatives or any other Member in any manner related to the Program (vi) or tampering with, altering, or attempting to alter Points standings, (vii) tampering with, altering, attempting to alter, creating, attempting to create or duplicate Points or Rewards, or (viii) colluding or attempting to collude with one or more Members to gain an unfair advantage by sharing knowledge or other information in order to earn Points or Rewards.
NO WARRANTY; LIMITATION OF LIABILITY.
This Program, the Website, and the App are provided on an “AS IS” basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. Blendid is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of Reward. By participating in the Program, each Member accepts all responsibility for, and hereby indemnifies and holds harmless the Program Entities, from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member’s Account by any third party. Participating Blendid locations may be independently owned and operated. For that reason, Blendid makes no guarantees, warranties or representations of any kind, express or implied, with respect to Points or Rewards redemptions or the products supplied by such independently owned and operated Blendid locations, and shall not be liable for any loss, expense, accident or inconvenience that may arise in connection with the use of such items.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PROGRAM ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE PROGRAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A MEMBER PROVES THAT BLENDID HAS IMPROPERLY DENIED THAT MEMBER ANY POINTS OR REWARDS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT.”
Notwithstanding any other provision of these Blendid Rewards Terms, in the event there is a direct conflict between these Blendid Rewards Terms and the Terms of Use, or Privacy Policy, these Blendid Rewards Terms will govern, control and prevail as to the Program, including but not limited to those Blendid Rewards Terms dealing with the accrual and redemption of Points or Rewards, limitation of liability, and governing law.
PRIVACY.
Unless otherwise indicated in these Blendid Rewards Terms, by registering for and/or otherwise participating in the Program and the App, Members agree that Blendid will use the personal information collected about them in connection with the Program as set forth in Blendid’s Privacy Policy, California Privacy Policy, and Financial Incentive Notice.
SEVERABILITY.
If any provision of these Blendid Rewards Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Blendid Rewards Terms, which will otherwise remain in full force and effect.
Privacy Policy
Updated as of December 1, 2021
6d Bytes Inc. dba Blendid and their affiliates and subsidiaries (collectively, “Blendid” “we” or “us”) value your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose or otherwise process information and personal information that we obtain about users (“Users”) of our websites (each a “Site” and collectively the “Sites”), our mobile applications (each an “App” and collectively the “Apps”), our social media networking pages, and the services available through our Sites and Apps (each a Service and collectively the “Services”). This Policy will apply to each Blendid Site or App that displays it. This Policy does not apply to any websites, webpages, or mobile apps that are run or owned by any partners, franchisees, or any other third party.
This Policy and our Cookie Policy describe our collection, use and disclosure of personal information and other information collected from Users.
In this Policy, “personal information” means any information that Blendid has collected and that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular person or device.
If you are a California resident, please read to learn more about your consumer data privacy rights.
Information We Collect About You
We collect personal information directly from Users, such as when they sign up to receive special offers or information from us, sign up for our rewards programs, or register for an account with us. We also collect certain information (including personal information) automatically through Users’ use of our Sites, Apps and Services. If you would like to use our Sites, Apps, and Services, but decide not to provide this personal information, certain Services may not be available to you.
Information We Collect Directly From You
You can browse our Sites without registering or submitting your personal information to us, but we will automatically collect certain information about your use of our Sites and Apps through cookies and other web tracking technologies – see Other Information We Collect Automatically below.
To use our Apps and certain Services (e.g., to sign up for rewards programs, enter contests, or make a purchase), you must register with us or otherwise provide us with your name and other personal information. We may also collect personal information that you enter on our Sites or Apps or provide to us in any other ways, such as through email or forms on our Sites or Apps. The type of personal information that we collect from you depends on your interaction with us and your use of our Sites, Apps, and Services, but may include:
· personal details, such as full name, mailing address, email address, phone number, and other contact information;
· transaction information (if you make a purchase), such as information about the products you buy, billing address, method of payment, and payment details; and
· location data, and any other personal information that you choose to provide.
Other Information about Your Activities and Interactions
We collect information from you when you submit a review, comment or other content to our Sites or Apps or on our social networking pages, and when you contact us. In addition, we track when you like us or share our content through Facebook, Twitter, or other social networking platforms. Blogs on many of our Sites are hosted by WordPress (to review the WordPress privacy policy, click here), or other third parties.
Information from Third Parties
We may collect personal information about potential customers from third parties, including name, contact and other information. We also may collect information about any comments or reviews you post about us on third party websites.
Your Location
Our Sites and Apps may access and collect your geolocation information in order to facilitate our Services, such as enabling the functionality of our Sites and Apps that provide you with information about stores near you. We may also use information about the location of the device you are using to help us understand how our Sites, Apps, and other Services and functionality are being used and to deliver more relevant advertising. For most mobile devices and computer systems, you are able to withdraw your permission for us to collect this information by using the device or web-browser settings.
Other Information We Collect Automatically
We may automatically collect certain information – including personal information – about your use of our Sites, Apps and social networking pages through cookies and other web tracking technologies, including, but not limited to: log files; domain name; browser type and operating system; page views and related activities; IP address; the length of time you use our Sites, Apps, and Services; access date and time; browser type; device ID or other mobile or App identifier; and referring URL. We may combine this information with other information that we have collected about you. Please see our Cookie Policy for more information.
How We Use Your Information
We process and use your personal information if there is a legal justification for doing so. Below is an overview of the legal justifications for processing personal information, and why we use your personal information. Additional details on how we process your personal information may be provided to you in a separate notice or contract.
– Providing Support and Services – to provide our support and Services to you, to communicate with you, to respond to your inquiries, to provide you with documentation or communications which you have requested from us, to provide after-sales support, and for other customer service purposes.
– General Business Operations – to process your orders or purchases.
– Personalize Content – to make recommendations to you about our Services; to tailor the information that we send or display to you, to offer customization, based on your location; and to otherwise personalize your experiences based on your purchase history and your interactions with the Sites, Apps, and social networking pages.
– Advertising – to send you targeted advertising on our Sites, in our Apps, or on third party websites.
– Marketing and Promotions – to send you news and newsletters, special offers and promotions, or to otherwise contact you about information we think may interest you.
– Analytics and Improvement – to better understand how Users access and use our Sites, Apps, and Services, in order to improve them, respond to User desires and preferences, and for other research, marketing and analytical purposes; to conduct research and analytics, to evaluate transactions involving the Sites, Apps, and social networking pages; to operate, evaluate, maintain, improve, and develop the Site, Apps, and social networking pages (including by monitoring and analyzing trends, access to, and use); or to evaluate, improve, and develop our Services generally by tracking User interaction and review of our Services.
– Protect Our Legal Rights and Prevent Misuse – to respond to claims asserted against us, comply with legal process (e.g. subpoenas or warrants), or enforce or administer our agreements and terms; to conduct fraud prevention, risk assessment, or investigations; to protect our rights, property or safety and those of Users, or others; and to protect our confidential and proprietary information.
– Comply with Legal Obligations – to comply with the law, a judicial proceeding, court order, subpoena, or other legal process.
– Corporate Reorganization – to share your personal information with third parties in connection with potential or actual sale of our company or any affiliate, or of any of our assets or those of any affiliated company, in which case personal information held by us about our Users may be one of the transferred assets.
– EU Records – to keep accounting records and evidence of Services.
– Protect Our Legal Rights and Prevent Misuse in the EU – to respond to claims asserted against us, comply with legal process (e.g., subpoenas or warrants), or enforce or administer our agreements and terms; to conduct fraud prevention, risk assessment, or investigations; to protect our rights, property or safety and those of Users, or others; and to protect our confidential and proprietary information.
– Comply with EU Legal Proceedings – to comply with the law, a judicial proceeding, court order, subpoena, or other legal process.
– Testimonials – to publish your User experience with our Services on our Sites, Apps, or social networking pages.
How We Share Your Information
We do not sell or rent your personal information for monetary compensation. We may share your information, including personal information, as follows:
Other Users
Any information, including personal information, that you post on public areas of our Sites and Apps, such as reviews, comments, and photos, may be available to, and searchable by, all Users of the Sites and Apps. Reviews may also be viewable by non-registered visitors to our Sites and Apps.
Affiliates and Subsidiaries
We may disclose the personal information we collect from you to our affiliates or subsidiaries for their own marketing, research, and other purposes. In addition, if you sign up to receive information or updates from one of our affiliates, we may send you information from other affiliates. If you would like to opt-out of receiving marketing communications, please submit your request here.
Service Providers
We may disclose the personal information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf, such as payment processors, website and mobile application developers, hosting providers, auditors, advisors, consultants, customer service, marketing analytics and advertising companies, and support providers.
Business Transfers
In the event that we are involved in a potential or actual bankruptcy, merger, acquisition, reorganization, sale of assets, or similar event, your personal information may be sold or transferred as part of that transaction, in connection with that transaction, or in anticipation of a possible transaction. This Policy will apply to your personal information as transferred to the new entity.
In Response to Legal Process
We may disclose the personal information we collect from you to a court, legal authority, adverse litigation party, legal counsel, and other advisors in connection with a judicial proceeding, court order, subpoena, or other legal process.
To Protect Us and Others
We may disclose the personal information we collect from you to a court, legal authority, government agency, adverse litigation party, legal counsel and other advisors, where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the rights, property, and safety of Blendid or any other person; to enforce or administer our Terms and Conditions, this Policy, or another Blendid policy; or as evidence in litigation in which we are involved.
Aggregate Information
We or our third-party providers may share information that does not identify you. For example, we may share anonymous, aggregated statistics about Users with third parties for marketing, advertising, research, or similar purposes.
With Your Consent or at Your Direction
In addition to the sharing described in this Policy, we may share information about you with third parties whenever you consent to or direct such sharing, for example, to provide information about franchise opportunities with Blendid affiliates.
Our Use of Cookies and Other Tracking Mechanisms
We and our third-party service providers use cookies and other tracking mechanisms to collect and track information about your use of our Sites, Apps, and Services. We may combine this information with other personal information we collect from you. For example, we may use these technologies to:
· uniquely identify you or your device;
· allow you to access and use our Services, where without them, our Services may not work properly;
· improve our products and Services;
· help us monitor the performance of our Services;
· help us customize your experience;
· market to you through targeted advertising; and
· for other purposes described under the section entitled “How We Use Your Information” above.
Cookies
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Sites, Apps, and Services, while others are used to enable a faster log-in process or to allow us to track your activities. For more information on the specific types of first and third party cookies served through our Sites and Apps, please see our Cookie Policy.
Clear GIFs, pixel tags and other technologies
Clear GIFs are tiny graphics with unique identifiers, similar in function to cookies. In contrast to cookies, which are stored on your computer’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 Sites and Apps to, among other things, help us manage content, and compile statistics about usage. We and our third party service providers 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.
Local Storage
We may use local storage technologies, such as HTML5 or Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Typically, you cannot control, delete, or disable the acceptance of HTML5 or Flash LSOs through your web browser. For more information on HTML5 and Flash LSOs, or to learn how to manage your settings for HTML5 and Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions.
Advertising and Analytics
We use third-party analytics tools, including, but not limited to, Google Analytics and Elastic Search, to collect, monitor, and analyze information we collect from you in order to improve functionality and user-friendliness of our Sites and Apps, and to better tailor the Services to our visitors’ needs.
In addition, we may send Users targeted ads, based on their location and activities on our Sites and in the Apps. We may also participate in third-party ad networks (including but not limited to Google Ads, Flashtalking, Quantcast, Mediamath, Dstillery, RhythmOne, and Facebook Ads) and allow third parties, including network advertisers, to use cookies, pixel tags, and other tracking technologies on the Sites and Apps to collect usage information and display targeted ads. These third parties may be able to associate the information they collect with other information they have about you from other sources. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one.
For more information on third-party analytics and advertising practices, please visit our Cookie Policy.
Do-Not-Track
Our Sites do not honor browser do-not-track requests. However, you can find information on how to opt out of many participating website ad networks at the following websites: Network Advertising Initiative , and Digital Advertising Alliance . Please note that opting out does not prevent all targeted ads from being displayed to you. Also, if you delete cookies or change devices, your opt-out may no longer be effective.
Mobile App Users
If you download or use any of our Apps, and you agree to share your location information with us and receive push notifications from us, we will use your location information to send you customized notices, offers, and coupons. You can opt-out of push notifications or of sharing your location information by adjusting the settings in your mobile device after downloading the App. If you use an Apple iOS device, you can disable push notifications by turning them off for the App you are using within the “Notifications Center” under the “Settings” menu; you may disable location information for an App by going to “Settings,” “Privacy,” and then “Location Services,” and turning off sharing for the particular App. For Android users, you can turn off these notifications through the Menu settings within our App.
User Generated Content
Any content you post to our Sites, Apps, or social networking pages (“User Generated Content”), may be available to all Users, and we cannot prevent such content from being used in a manner that violates this Policy, the law, or your personal privacy. We may review such User Generated Content, remove it, or combine such User Generated Content with other information we have collected about you and use it as described in this Policy. All User Generated Content is subject to our Terms and Conditions and the User Generated Content Terms and Conditions.
Plug-ins and Social Media Widgets
Our Sites may include social networking features and widgets, such as the Facebook “Like” button and the “Share this” button, as well as other interactive mini-programs that run on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. These features are displayed on our Sites, but are hosted by third parties. Your interactions with these features are governed by the privacy policy of the company providing them, not this Policy. You should consult their respective privacy policies for information about their information practices.
Testimonials
We display personal testimonials of satisfied customers on our Sites, in addition to other endorsements. We may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at privacy@blendid.com.
Third-Party Links
Our Sites, Apps, and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites. Please read their respective privacy policies for information about how these third parties handle the processing of personal information and other information. If you delete your account, to the extent permitted by applicable law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.
Duration of Personal Information Retention
As a general rule, your personal information may be stored as long as the information is required to fulfill our legitimate business needs or the purposes for which the information was collected, or for as long as is required by law.
You can contact us by email at: privacy@blendid.com with questions or concerns regarding the retention period of your personal information.
How I Can Correct My Information
You may modify certain personal information that you have submitted to us. If you wish to correct any of the personal information you have provided to us, you may contact us by email at: privacy@blendid.com. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Sites or App for a period of time, and we may maintain records in our systems of this information as well. If you are a user in the European Economic Area (“EEA”), you may have additional rights, as set forth in the “ Your European Privacy Rights ” section below.
Personal Information Marketing Choices
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail or submitting your request here. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you administrative e-mails about your account or any Services you have requested or received from us.
Children
Our Services are not targeted at children under 13 years of age.
No one under the age of 13 may provide any information to us through our Sites or Apps. We do not knowingly collect personal information from children under 13. If you are under 13, do not access, use, or provide any information on our Sites or Apps, or on or through any of their features.
Note to EEA Users : If you are under 16, you should not access, or provide any information on our Sites or Apps, or on or through any of their features.
If we discover that a child under 13, or equivalent minimum age depending on the jurisdiction, has provided us with personal information, we will delete such information from our systems. If you are a parent or legal guardian of a child under 13, or equivalent minimum age in the relevant jurisdiction, whom you believe has submitted personal information to us, please contact us at privacy@blendid.com.
Notice to Nevada Residents
Nevada law allows consumers to direct certain businesses not to sell their personally identifiable information to third parties to license or sell that information to additional third parties. If you are a Nevada resident, you may submit such opt-out requests to privacy@blendid.com. To be effective, your request must include your full name, address, phone number, and email address. We will endeavor to respond to your verified request within 60 days of receiving the request. However, due to unforeseen circumstances, we may need to extend this period by up to 30 days. If an extension is reasonably necessary, we will notify you of this during the initial 60-day period.
International Users
The Services are headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of the Services may be collected in your country and subsequently transferred to, maintained, accessed and otherwise processed in the United States or another country by us or our service providers for the purposes mentioned above in accordance with applicable law. The privacy laws of these countries may not always offer the same level of protection as in your country.
Your European Privacy Rights
If you are a data subject in the EEA, subject to certain conditions and restrictions set out in the General Data Protection Regulation (“GDPR”) and other applicable laws, you have the following rights with regard to our processing of your Personal Data (as defined in the GDPR):
Right of access, erasure and rectification. You have the right to request access to and obtain a copy of any of your Personal Data that we may hold, and to request the deletion of your Personal Data under certain circumstances. If the Personal Data we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have information corrected and if we have shared your Personal Data with others, we will let them know about the rectification where possible. If you ask us, we will also tell you, where possible and lawful to do so, with whom we have shared your Personal Data so that you can contact them directly.
Your Right to Restriction of Processing. You can ask us to restrict the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or you object to our use or stated legal basis Where your Personal Data is subject to restriction, we will only process it with your consent or for the establishment, exercise or defense of legal claims. If you ask us, we will also tell you, where possible and lawful for us to do so, with whom we have shared your Personal Data so that you can contact them directly.
Right to Data Portability. Where we are relying (as the justification for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the Personal Data is processed by automated means, you have the right to receive a copy of the Personal Data we have obtained from you in a structured, commonly used and machine readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
Right to object to processing (including profiling) based on legitimate interest grounds. Where we are relying upon legitimate interests to process Personal Data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or we need to process the Personal Data for the establishment, exercise, or defense of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
Right to object to direct marketing (including profiling). You have the right to object to our use of your Personal Data (including profiling) for direct marketing purposes, such as when we use your Personal Data to invite you to our promotional events.
Your right to withdraw your consent. In the event your Personal Data is processed on the basis of your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
Your right to lodge a complaint. You have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work, or place of alleged infringement, if you consider that the processing of your Personal Data infringes applicable law.
Please note that some of these rights may be limited, such as where we have an overriding interest or legal obligation to continue to process your Personal Data. If you wish to exercise any of these rights or for any other inquiries or complaints regarding the processing of your Personal Data by us, please contact us at privacy@blendid.com.
Security
We are committed to taking appropriate measures designed to keep your personal information secure. We have taken reasonable steps to help protect the information we collect about you from loss, misuse, unauthorized access, disclosure, alteration, and destruction. While we make considerable efforts to protect our information systems, no data security measures can guarantee 100% security. We encourage you to safeguard your passwords, ID numbers, or other special access features on our Sites and Apps.
Contact Us
If you have questions about the privacy aspects of our Sites, Apps or Services or would like to make a complaint, please contact us at privacy@blendid.com.
Changes to this Policy
This Policy is current as of the “Updated as of” date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. The modified Policy will be effective immediately upon posting. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change through commercially reasonable efforts available to us.
Privacy Notice for California Residents
Revised December 1, 2021
If you are a California resident, please read the following Privacy Policy (“Policy”).
This Policy describes how information obtained from California consumers (as defined in the California Consumer Privacy Act of 2018, California Civil Code sections 1798.100 et seq. (“CCPA”)), including visitors to the Blendid website found at www.blendid.com (“Website”), Blendid’s mobile application (“Application”), and Blendid company-owned locations, where applicable (“Locations”) (the Website, Application and Locations are collectively the “Sites”) is collected, used, sold, and disclosed. This Policy also explains how you can make requests of 6d Bytes Inc. dba Blendid (“Blendid,” “we,” “us” or “our”) to know about your Personal Information, delete your Personal Information, and opt-out of the sale of your Personal Information. Please note that this Policy applies to information collected by Blendid.
Terms included in this Policy, including but not limited to, Personal Information and Service Provider, carry the same meaning in this Policy as they do in the CCPA.
For ease of reference, you may click on any of the following links to jump to one of the sections addressed below:
California’s Shine the Light Law
Subject to certain limits under California Civil Code section 1798.83, California residents may ask Blendid to provide them with (i) a list of certain categories of personal data that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. California residents may make one request per calendar year.
To make this request, you may contact Blendid at the email address listed in the “Contact Us for More Information” section below. In your request, please state that you are a California resident and provide a current California address for our response. Please allow up to thirty (30) calendar days for a response. Blendid reserves its right not to respond to such requests submitted to addresses other than those specified in the “Contact Us for More Information” section below.
CALIFORNIA’S CONSUMER PRIVACY ACT
California Residents’ Rights Under the California Consumer Privacy Act
If you are a California resident, you have certain rights regarding information that is treated as Personal Information under the CCPA.
The right to know what categories of Personal Information are being collected, sold, or disclosed and the categories of sources of that Personal Information.
You have the right to know what categories of Personal Information we collect, sell, or disclose about you, as well as the categories of third parties who purchased or received your Personal Information and the categories of sources of that Personal Information. These categories are described below in the “Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed” section below. We are also required to provide to you, before or at the point of collection, with a general notice about the categories of Personal Information collected by us and how we intend to use the collected Personal Information.
The right to access collected Personal Information
You have the right to request that we provide a copy of your Personal Information that we collected, sold, or disclosed in the preceding twelve (12) months. Only you, or someone you legally authorize to act on your behalf, may make a request related to your Personal Information. You may submit a maximum of two requests in a 12-month period.
You must provide sufficient information to enable us to reasonably verify your identity or that of your authorized agent. We will only use the Personal Information provided in your request to verify your identity or that of your authorized agent. Please note that we cannot provide any Personal Information in response to a request if we cannot verify your or your authorized agent’s identity, or your authorized agent’s authority to make the request on your behalf, and/or if we cannot confirm that the collected Personal Information relates to you.
You are not required to create an account with us before submitting a verifiable request. You can submit your request by calling us at 1-415-237-0041.
After receiving and verifying your request, we will provide the following information (depending on your request):
The categories of Personal Information collected about you in the preceding twelve (12) months.
The sources of that Personal Information by category.
The business or commercial purpose(s) for collecting or selling that Personal Information.
The categories of third parties with whom we shared that Personal Information.
The specific pieces of Personal Information collected about you.
If we sold your Personal Information or disclosed it for a business purpose, we will provide:
the categories of Personal Information sold in the previous twelve (12) months and the categories of third parties to whom the Personal Information was sold; and
the categories of Personal Information disclosed for a business purpose in the previous twelve (12) months and the categories of third parties to whom the Personal Information was disclosed.
See the “Methods for Submitting CCPA Requests to Blendid” section below for information on how you can exercise your right to access collected Personal Information. For more information, see also the “Response Timing and Format” section below.
The right to request deletion of Personal Information
With certain exceptions, you have the right to request that we and our service providers delete Personal Information we or our service provider collected or maintained. Once we receive and verify your request, we will delete, and instruct any applicable service providers to delete, your Personal Information from our records, unless an exception applies.
We and our service providers may deny a verified deletion request if we must maintain your Personal Information to:
Complete the transaction or provide a good or service requested by you for which we collected the Personal Information, or otherwise perform a contract between us.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
Debug to identify and repair errors that impair existing intended functionality of our systems.
Exercise a legal right provided for by law, including exercising or ensuring free speech rights.
Comply with the California Electronic Communications Privacy Act (California Penal Code sections 1546 to 1546.4).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest if:
the research adheres to all other applicable ethics and privacy laws;
deleting the Personal Information is likely to make the research impossible or seriously impair it; and
you provided informed consent during the initial data collection.
Enable our internal use in a manner that you would reasonably expect based on your relationship with us.
Comply with our legal obligations.
Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.
See the “Methods for Submitting CCPA Requests to Blendid” section below for information on how you can exercise your right to delete collected Personal Information.
The right to opt-out of the sale of Personal Information
You have the right to opt-out of the “sale” of your Personal Information to other businesses or third parties. The CCPA defines “sell,” “selling, “sale,” and “sold” to include selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means.
Once we receive an opt-out request, we will act upon the request as soon as commercially reasonable, but no later than fifteen (15) days from the date we receive the request. We will also notify all third parties to whom we have sold the Personal Information within the ninety (90) days prior to receiving the request that you have exercised your opt-out right and instruct them not to resell the Personal Information.
However, if we have a good-faith, reasonable, and documented belief that the request is fraudulent, we will deny the request and provide you with an explanation of our rationale.
You may elect to opt-in to the sale of Personal Information after opting-out. In the event that a transaction requires the sale of your Personal Information as a condition of completing the transaction, we will inform you of this and provide instructions on how you can opt-in.
See the “Do Not Sell My Personal Information” section below for more on how to opt-out of the sale of Personal Information.
The rights of California consumers who are less than 16 years of age
We do not sell the personal information of California consumers who we actually know are less than 13 years of age unless we receive affirmative authorization from the parent or guardian of a consumer less than 13 years of age. We do not sell the personal information of consumer who we actually know are at least 13 years of age and less than 16 years of age unless we receive affirmative authorization from the consumer.
The right to be free from discrimination
You have the right to equal service, and we will not discriminate against you if you exercise your rights under the CCPA. However, under certain circumstances, we may offer you special discounts or other incentives for the right to continue to collect, use, or sell your Personal Information. In that event, we will notify you of the relevant program’s material terms and obtain your voluntary opt-in consent to the program.
Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed
We collect a variety of categories of Personal Information about California consumers, their household, and/or their devices, from both online and offline sources. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing advance notice.
In particular, we have collected the following types of Personal Information in the last twelve (12) months:
Personal identifiers . Examples of these identifiers include, but are not limited to, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) . Examples of this information include, but are not limited to, a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Protected classification characteristics under California or federal law . Examples of this protected information include, but are not limited to, age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Commercial Information . Examples of such commercial information include, but are not limited to, favorite restaurant location, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Geolocation Data . Examples of this information include, but are not limited to, your physical location or movements during interactions with us.
Inferred Data . Examples of this information include, but are not limited to, your preferences and characteristics
Website Usage . Examples of this information include, but are not limited to, information about a consumer’s interaction with the Sites, Application, or advertisements.
Employment Information . Examples of this information include, but are not limited to, current or past job history or performance evaluations.
We may have obtained some or all of the Personal Information listed above from the following sources in the last twelve (12) months:
Directly from you. For example, we may collect the Personal Information listed above from forms you complete or products and services you purchase.
Indirectly from you . For example, we may collect usage information from observing your actions on the Sites.
Independently owned and operated franchisees . For example, we may collect the Personal Information listed above when you provide the information to an independently owned and operated franchisees of our business partners to purchase products and services.
Third-party promotion and sweepstake vendors . For example, third-party promotion and sweepstakes vendors may provide us Personal Information, such as personal identifiers and/or personal information categories listed in the California Customer Records statute, that you have given to the vendor in the course of entering and participating in Blendid sponsored contests or sweepstakes.
Third-party marketing vendors . For example, third-party marketing vendors may provide us with Personal Information, such as personal identifiers and/or website usage, when you open a promotional email or click on an online advertisement.
We may have used, shared, and/or sold the Personal Information described above for one or more of the following business or commercial purposes in the last twelve (12) months:
To process your purchases of or requests for products or services.
To communicate with you about your use of the Sites, purchase of products or services, to receive a newsletter, and/or participation in a loyalty program, contests, promotions, coupons, and/or sweepstakes.
To respond to your inquiries and for other customer service purposes.
To advise you of changes or additions to the Sites, and/or any of Blendid products or services.
To better understand how users access and use the Sites, to improve the Sites, to respond to user desires and preferences, and for other research and analytical purposes.
To help maintain the safety, security, and integrity of our Sites, products and services, databases and other technology assets, and business, as well as your account, orders, and deliveries.
To manage the Careers page on the Website, which is a tool utilized by Blendid to assist in employment recruiting efforts.
To manage scheduling shifts, communicate with employees, and setup and provide employment benefits at company-owned Blendid locations.
To tailor the content and information that Blendid may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Sites.
To assist in advertising Blendid products and services on third-party websites.
To maintain appropriate records for internal administrative purposes.
To comply with federal, state, and local laws, cooperate with and respond to law enforcement requests, and as otherwise required by applicable law, court order, or governmental regulations.
To protect the rights and interests of Blendid and/or independently owned and operated franchisees of our affiliates, such as to resolve any disputes, to enforce this Policy or any other policy, to protect the rights or property of another, or to prevent harm.
To evaluate or conduct a merger, sale, or other acquisition of some or all of the Blendid organization or its assets, in which the information held by Blendid about our Sites is among the assets transferred.
We may have shared or sold the following Personal Information in the last twelve (12) months:
Personal identifiers. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Protected classification characteristics under California or federal law. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Commercial Information. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Geolocation Data. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Website Usage. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Employment Information. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
We may have disclosed for a business purpose the following Personal Information in the preceding twelve (12) months:
Personal identifiers. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Protected classification characteristics under California or federal law. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Commercial Information. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Geolocation Data. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Website Usage. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Employment Information. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
Methods for Submitting CCPA Requests to Blendid
You have the right to submit a verifiable request to us using the following methods:
Telephone Call . You may submit requests by calling us at 1-415-237-0041. A member of our team will process your request and guide you through the verification process.
See the “Do Not Sell My Personal Information” section below for more on how to submit a request to opt-out of the sale of Personal Information.
If you would like to opt-out of receiving marketing communications, please submit your request here.
Verification Process
Once we receive a request to know or to delete, we must verify your identity before we can respond.
You will be required to provide all or some of the following information for verification purposes:
Your first and last name
Your e-mail address
Your telephone number
If you submit either a request to know specific pieces of Personal Information collected, or a request to delete sensitive, irreplaceable, or otherwise valuable Personal Information, you (or your authorized agent, if applicable) will be required to provide a signed declaration affirming your identity (or your authorized agent’s identity, if applicable).
Authorized Agents
An authorized agent is either a natural person or a business entity registered with the California Secretary of State that a consumer has authorized to act on his or her behalf.
You may use an authorized agent to submit a request to know, to delete or to opt-out. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the authorized agent to provide either (1) a power of attorney; or (2) proof of your written permission to allow the authorized agent to submit the request on your behalf. In addition to proof of your written permission, we may require you to verify your own identity and directly confirm that you provided the agent permission to submit the request.
Response Timing and Format
Acknowledgement of receipt of reques
We will confirm receipt of a request from you within ten (10) business days. This confirmation will provide information about how we will process the request, including a description of our verification process and an approximation of when we will send you a substantive response.
Substantive Response
We will respond to a verifiable request from you within forty-five (45) days. If we cannot respond in that time, we will notify you in writing that we need an additional forty-five (45) days and explain the reason for the needed additional time.
If you have an account with us, we will respond to that account. If you do not have an account with us, we will deliver the written response by mail or e-mail, at your option.
Any disclosures we provide will cover only the 12-month period preceding our receipt of your verifiable request. If we cannot comply with your request, we will explain why. If you have requested to know specific Personal Information we collected, we will provide that information to you via mail or electronically.
We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why and provide you with a cost estimate before completing the request.
Acting upon opt-out requests
We will act upon an opt-out as soon as commercially reasonable, but no later than fifteen (15) days from the date we receive the request.
Do Not Sell My Personal Information
You have the right to direct us not to sell your Personal Information and you may exercise this right at any time. Once you opt-out, we will not sell your Personal Information unless you give us authorization to do so. We will not ask you to reauthorize such sales until 12 months have passed since complying with request to opt-out.
If you are a California consumer and wish to opt-out of the sale of your Personal Information, you may submit an opt-out request by calling us at 1-415-237-0041.
Financial Incentive Offers
You have the right to receive equal service and price and not be discriminated against if you exercise any of your CCPA rights. However, from time to time we may offer certain financial incentives, as permitted by the CCPA, that can result in different prices, rates, or quality levels of our products and/or services. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Summary of Financial Incentives Offered.
From time to time, we offer coupons, specials, or other discounts to consumers who have opted-in to the receipt of marketing material from us by providing us with certain Personal Information, such as an email address or a phone number. Occasionally, we also offer consumers the opportunity to enter contests and sweepstakes. Consumers who share certain Personal Information with us by entering have a chance to win the contest or sweepstakes. Each contest or sweepstakes is governed by its own terms, and the specific financial incentive offered will be detailed there.
Consumers may also join our free rewards program. You will be enrolled in our rewards program only after you provide prior opt-in consent. Participation in our rewards program gives consumers the opportunity to accrue points with qualifying purchases. The rewards program collects and retains participants’ Personal Information in order to keep track of the points you have accrued and/or purchases you have made. For details regarding the our rewards program, including program benefits, refer to the Terms & Conditions for the rewards program.
Material Terms of Financial Incentives.
When we offer a financial incentive or participation in our reward program, the offer will include an explanation of the material terms of the incentive or program. The nature and value of any such offer or financial incentive may differ depending on what information we collect and use and whether you choose to enroll in our rewards program.
Whether you consent to the financial incentive and/or to enroll in our rewards program and whether you choose to allow us to collect and use other types of Personal Information about you affects how we communicate with you and the types and frequency of offers that you may receive. Most financial incentives that we offer and the rewards program will involve one or more of the following categories of personal information:
Personal identifiers, such as name, postal address, and email address.
Categories of personal information described in the California Records Statute, such as telephone numbers.
Protected classification characteristics, such as age.
Commercial information, such as favorite location and history of purchases.
How to Provide Opt-In Consent to Financial Incentive.
Participation in our financial incentives and the rewards program requires your prior opt-in consent. You can opt-in to participate in the financial incentives and/or our rewards program by checking the opt-in box when you sign up for an account, or by entering a contest or sweepstakes we sponsor.
How to Revoke/Withdraw Consent to Financial Incentive.
You make revoke your consent to any financial incentive (or opt-out) at any time by following the opt-out instructions contained in any promotional or information email we send to you.
Similarly, you may deactivate your account in the rewards program at any time by contacting us at 1-415-237-0041 with your account information and request that we delete your profile. If you delete your profile this means you will lose any points, rewards and offers that may have accrued.
Value of California Consumers’ Personal Information.
Our offers and financial incentives may be individualized to each consumer or a group of consumers based on one or more factors. Nonetheless, each offer or financial incentive related to the collection, retention, and use of your Personal Information is based upon our reasonable determination of the estimated value of such information, which takes into consideration, without limitation, estimates regarding the anticipated revenue generated from such information, the anticipated expenses which might be incurred in the collection, storage, and use of such information in the operation of our business, and other relevant factors related to the estimated value of such information to our business, as permitted under the CCPA. Thus, the value of a consumers’ Personal Information will depend on the offer or financial incentive and whether you enroll in the rewards program.
Metrics Regarding CCPA Requests and Responses During the Previous Calendar Year
At the end of each calendar year, starting in 2020, we will report as applicable regarding the number of requests to know, delete or opt-out that we received, complied with in whole or in part, or denied, and the median length of our response time.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use this Website, provide any information on this Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@blendid.com.
California residents over 13 but under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “The rights of California consumers who are less than 16 years of age” section above for more information.
Contact Us for More Information
California consumers who have questions or concerns about our privacy policies and practices may contact a trained customer service representative through one of the following methods:
Telephone call: 1-415-237-0041
Email: privacy@blendid.com
When contacting our customer service, please include in the communication or have available the information listed under the “Verification Process” section above. If using an authorized agent, please include in the communication or have available proof of authorization.
User Generated Content Terms and Conditions
Opening
Updated as of December 1, 2021
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY.
THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND 6D BYTES INC. DBA BLENDID AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, “BLENDID”, “WE”, “OUR” OR “US”). BY USING ONE OR MORE OF THE HASHTAG PHRASES ASSOCIATED WITH BLENDID (EACH A “HASHTAG PHRASE”), OR INCLUDING OUR HASHTAG PHRASE WHEN REPLYING TO OUR MESSAGE TO YOU REQUESTING THE RIGHT TO USE YOUR CONTENT (AS DEFINED BELOW), YOU ARE AGREEING TO ALL OF THESE TERMS WITH RESPECT TO THE CONTENT. FOR A LIST OF CURRENT BLENDID HASHTAG PHRASES, SEE THE END OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT USE OUR HASHTAG PHRASES OR REPLY TO OUR MESSAGE TO YOU. IN PARTICULAR, BUT WITHOUT LIMITATION, YOU CONFIRM THE FOLLOWING:
YOU ARE GRANTING BLENDID AND ITS BUSINESS PARTNERS (AS DEFINED BELOW) THE RIGHT TO USE YOUR CONTENT (DEFINED BELOW) ON ITS WEBSITES (“SITES”), MOBILE APPLICATIONS (“APPS”), SOCIAL MEDIA PLATFORMS AND RETAILER WEBSITES, AS WELL AS IN OTHER FORMS, MEDIUMS AND/OR DISTRIBUTION METHODS AS DESCRIBED BELOW, INDEFINITELY;
YOU CREATED THE CONTENT OR HAVE PERMISSION FROM THE CREATOR OF THE CONTENT TO GRANT THE RIGHT TO USE THE CONTENT;
YOU HAVE PERMISSION TO GRANT THIS RIGHT FROM ALL INDIVIDUALS APPEARING IN THE CONTENT;
YOU ARE NOT AN EMPLOYEE, CONSULTANT, BRAND AMBASSADOR, OR OTHERWISE MATERIALLY RELATED TO BLENDID, AND BLENDID HAS NOT COMPENSATED YOU FOR YOUR CONTENT.
YOU AND ALL INDIVIDUALS APPEARING IN THE CONTENT ARE AT LEAST 18 YEARS OF AGE.
Content
You have created or made available certain content, which may include, without limitation, a photograph, text, handle or account name, information, images, graphics, video or any combination thereof (collectively, “Content“). By using our Hashtag Phrase in your Content or including our Hashtag Phrase when replying to our message to you requesting the right to use your Content, you hereby grant to Blendid and their customers, vendors, service providers, licensors, licensees, successors and assigns (collectively “Business Partners” and together with Blendid and any of their licensees, the “Licensees”) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to (a) use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, at Blendid’s sole discretion, including without limitation, any purpose relating to the marketing, advertising and promotion of Blendid’s goods and services, and (b) authorize any such use by others of your Content, or any portion thereof, in the same manner. Said uses may include, but are not limited to, posting your Content on any Site, App or social media platform, transmitting your Content to consumers via e-mail, or reproducing or displaying the Content on computers and mobile devices. To the maximum extent permitted by law, you waive and agree not to assert any and all copyright rights, moral rights or rights of attribution and integrity in your Content, if any, against the Licensees. Any Licensee, at its sole discretion, may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the Content as necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or media. Blendid agrees to use any personally identifiable information contained in any of your Content in accordance with Blendid’s Privacy Policy and California Privacy Policy (for California residents).
You will retain all ownership of the Content (subject to the license granted herein). Any Licensee shall have the right, but not the obligation, to use your username, and, if provided in connection with the Content, real name, image, likeness, caption, location information or other identifying information, in connection with any permitted use of the Content.
By approving the use of the Content, you waive (i) any right to review, inspect or approve the use of the Content in any format or media, whether that use is known to you or not; and (ii) any right to royalties or other compensation arising from or related to the use of the Content.
YOUR OBLIGATIONS AND PROMISES TO BLENDID
You may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Content that you provide.
You represent and warrant that: (i) you (and any other person appearing in the Content, if any) are at least 18 years old or the age of majority, whichever is older, in your state and/or country of residence; (ii) you have full right and authority to enter into this agreement; (iii) neither your Content, nor the use of the Content as permitted in these Terms, will infringe upon, misappropriate or violate any laws or the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity; (iv) neither you nor any person appearing in the Content is an employee, consultant, brand ambassador, or is otherwise materially related to Blendid; (v) Blendid has not compensated you for the Content; and (vi) you own or have obtained all necessary rights and permissions to grant the rights granted herein, including without limitation, all rights or permissions from the creators of the Content or any individual(s) appearing in the Content, and no payment of any kind is due to any third party for the use of the Content as set forth herein.
INDEMNIFICATION
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content that you provide, and you agree to indemnify and hold the Licensees and their officers, directors, employees, agents and licensors harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Blendid or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand relating to or arising out of the Content, your breach or alleged breach of these Terms, or your violation or misappropriation of any applicable law, regulation, or the copyrights, trademark rights or other rights of any third party.
INTELLECTUAL PROPERTY INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on a Blendid Site, App or social media platform please provide Blendid’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the site, and information reasonably sufficient to permit Blendid to locate the material.
Information reasonably sufficient to permit Blendid to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Blendid’s agent for notice of claims of copyright or trademark infringement can be reached as follows:
Copyright Agent
440 N Wolfe Rd.
Sunnyvale, CA 94085
(415) 237-0041
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
MISCELLANEOUS
These Terms and any related claim or dispute, whether in contract, tort or otherwise, shall be governed by the laws in effect in the State of California, without giving effect to its conflicts of law principles. You hereby irrevocably consent and agree to the exclusive jurisdiction of the federal and state courts of the State of California. In the event that any provision of these Terms shall for any reason be held to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be revised solely to the extent necessary to render such provision valid, legal and enforceable, and without invalidating or affecting the remaining provisions hereof. Nothing contained herein shall deem or construe you and any Licensee to be partners, joint venturers, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever. These Terms, together with our Terms and Conditions, Privacy Policy, and California Privacy Policy (for California residents) represent the entire agreement between you and Blendid with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written. No modifications, amendments or waivers will be effective unless in writing and signed by both you and Blendid.
CONTACT US
If you have any questions about these Terms, you can reach us by email at privacy@blendid.com or by mail at Blendid, Attn: Legal, 440 N Wolfe Rd., Sunnyvale, CA 94085.
Updated as of December 1, 2021
Our website and online services (“Sites”) use cookies, in combination with pixels, local storage objects, and similar devices (collectively, “cookies” unless otherwise noted) to distinguish you from other users of the Sites. We do this in order to, for example, uniquely identify you or your device, allow you to login, access and use our Sites, monitor performance of our Sites, secure our Sites, improve our Sites and services, customize your experience and save your settings, and to allow us to better reach you and other users with relevant ads and information.
This cookie policy (“Cookie Policy”) describes the types of the cookies we use on our Sites and our purposes for using them. Any terms that we use, but are not defined, in this Cookie Policy, are defined in our Privacy Policy.
For a more complete description and list of the cookies that we currently use on our Sites, please review “Managing third party analytics and ad settings” below. For more information about our privacy practices, please review our Privacy Policy. California residents: please review our California Privacy Policy . If you have questions about this Cookie Policy, please contact us at privacy@blendid.com.
As disclosed in our cookie banner, our Sites use cookies. You have consented to our use of cookies in order to use and access our Sites. Please read this Cookie Policy carefully for details about why we use cookies and the information they collect from and about you, as well as the choices you have with respect to certain cookies.
You may withdraw your consent to our use of cookies by deleting, blocking, or disabling cookies via your browser settings; see below for more information on how to do this. Please note that disabling cookies will affect the functionality of our Sites, and may prevent you from being able to access certain features on a website.
1. What Is a Cookie?
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Sites, while others are used to enable a faster log-in process or to allow us to track your activities.
2. Key Concepts
First and third-party cookies : whether a cookie is ‘first’ or ‘third’ party refers to the domain placing the cookie.
● First-party cookies are those set by a website that is being visited by the user at the time (e.g., cookies placed by our website domain).
● Third-party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website, that would be a third-party cookie.
Persistent cookies : these cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.
Session cookies : these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.
3. How to Delete and Block our Cookies
Most web browsers allow some control of most cookies through the browser settings. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of a website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit one of our Sites.
Changing your Cookie Settings: The browser settings for changing your cookies settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise, you should use the ‘Help’ option in your internet browser for more details.
● Cookie settings in Internet Explorer
You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. You can also delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. Doing so, however, may result in you having to manually adjust some preferences every time you visit our Sites, and some services and functionalities may not work.
More information: To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.aboutcookies.org or www.allaboutcookies.org.
4. What Cookies Do We Use and Why?
Generally, our Sites use cookies to distinguish you from other users of the websites. This helps us to provide you with a good experience when you browse one of our Sites and also allows us to improve it.
The cookies we may use on our Sites may be categorized as follows:
● Strictly necessary;
● Performance;
● Functionality; and
● Targeting.
Some cookies may fulfill more than one of these purposes.
‘Strictly Necessary’ cookies let you move around a website and use essential features like secure areas. Without these cookies, we cannot provide the requested services.
We use these Strictly Necessary cookies to:
● Identify you as being logged in to one of our Sites and to authenticate you;
● Make sure you connect to the right service on our Sites when we make any changes to the way they work; and
● For security purposes.
Accepting these cookies is a condition of using our Sites, so if you prevent these cookies we cannot guarantee how the website or the security on the website will perform during your visit.
‘Performance’ cookies collect information about how you use our Sites, e.g., which pages you go to most. This data may be used to help optimize our Sites and make them easier for you to navigate. We do not use these cookies to collect information that directly identifies you.
We use performance cookies to:
● Carry out web analytics and provide statistics on how our Sites are used;
● Perform affiliate tracking, which means we provide feedback to affiliated entities that one of our visitors also visited their website;
● Obtain data on the number of users of a website that have viewed a product or service;
● Help us improve our Sites by measuring any errors that occur; and
● Test different designs for a website.
Some of our performance cookies are managed for us by third parties.
‘Functionality’ cookies allow our Sites to remember choices you make while browsing. For instance, we may store your geographic location in a cookie to ensure that we show you our Site localized for your area. These cookies do not collect information that identifies you, and cannot track your browsing activity on websites other than our Sites.
We use ‘Functionality’ cookies for such purposes as:
● Remember settings you’ve applied such as layout, text size, preferences and colors;
● Remember if we’ve already asked you if you want to fill in a survey;
● Remember if you have engaged with a particular component or list on the website so that it won’t repeat;
● Show you when you’re logged in to our Sites; and
● Provide and show embedded video content.
Some of our functionality cookies are managed for us by third parties.
‘Targeting’ cookies are used to track your visit to our Sites, as well other websites, apps, and online services, including the pages you have visited and the links you have followed, which allows us to display targeted ads to you on our Sites.
We may use targeting cookies to:
● Display targeted ads within a website.
● Improve how we deliver personalized ads and content, and to measure the success of ad campaigns on our websites.
5. Do- Not -Track
Our Sites do not honor browser do-not-track requests. However, you can find information on how to opt out of many website participating ad networks at the following websites: Network Advertising Initiative , and Digital Advertising Alliance . Please note that opting out does not prevent all targeted ads from being displayed to you. Also, if you delete cookies or change devices, your opt-out may no longer be effective.
6. Manage Your Preferences: Cookies, Third Party Ad Networks and Analytics
Changing your cookie settings : The browser settings for changing your cookies settings are usually found in the ‘options’, ‘preferences’ or ‘help’ menu of your internet browser.
Manage Cookies in Your Browser
Firefox: “Private Browsing” and managing cookie settings: learn more
Chrome: “Incognito” mode and managing cookie settings: learn more
Internet Explorer: “InPrivate” mode and managing cookie settings: learn more
Safari: “Private Browsing” and managing cookie settings: learn more
7. More Information on Third Party Ad Networks
We may send users targeted ads, based on their location and activities on our Sites. We may also participate in third-party ad networks (including but not limited to Google Ads, Flashtalking, Quantcast, Mediamath, Dstillery, RhythmOne, OwnerIQ, Padsquad, Adtheorent, Q1 Media and Facebook Ads) and allow third parties to use cookies, pixel tags and other tracking technologies on the Sites to collect usage information and display targeted ads; these third parties may be able to associate the information they collect with other information they have about you from other sources.
We use third parties such as network advertisers to display advertisements on our Sites, to assist us in displaying advertisements on third-party websites, and to evaluate the success of our advertising campaigns. Network advertisers are third parties that display advertisements based on your visits to our Sites as well as other websites and apps. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs, and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of our Sites.
You may obtain more information about targeted or “interest-based advertising” and opting out of many ad networks at the industry websites below:
US: Digital Advertising Alliance
A guide to behavioral advertising and online privacy, and DAA Members Opt-out Tool: www.aboutads.info/choices
Canada: Digital Advertising Alliance of Canada
A guide to behavioral advertising and online privacy, and DAA Members Opt-out Tool: http://youradchoices.ca/choices
EU: Internet Advertising Bureau
A guide to behavioral advertising and online privacy that has been produced by the internet advertising industry: www.youronlinechoices.eu/
8. More Information on Third Party Analytics
We use third party analytics tools (including, but not limited to, Google Analytics and Elastic Search), to collect, monitor and analyze this information in order to improve functionality and user-friendliness, and to better tailor the Services to our visitors’ needs. Accordingly, usage data is shared with Google and Elastic Search , or other third parties, each of which have their own privacy policy addressing how they handle such information and any choices you may have about their collection and use of information. We recommend that you review these third parties’ privacy policies.
Google Analytics: For more information about Google Analytics cookies, please see Google’s help pages and privacy policy. Google has developed the Google Analytics opt-out browser add-on; if you want to opt out of Google Analytics, you can download and install the add-on for your web browser here.
Google Analytics is a web analytics service provided by Google, Inc. (“Google”). Google uses cookies to help us analyze how users use our Sites. The information generated by the cookie about your use of one of our Sites (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization feature, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the United States. On behalf of our Sites, Google will use this information for the purpose of evaluating your use of the Sites and compiling reports on your activity for us and third parties, who help operate and provide services related to the Sites. Google will not associate your IP address with any other data held by Google. You may refuse the use of these cookies by selecting the appropriate settings on your browser as discussed in this Cookie Policy. However, please note that if you do this, you may not be able to use the full functionality of the Sites. Furthermore, you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB .
Further information concerning Google Analytics’ terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/ .
Please note that on the website, Google Analytics code is supplemented by “gat.anonymizeIp();” to ensure an anonymized collection of IP addresses (so called IP-masking).