Privacy Policy

This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our services, including those offered through Merit’s website, www.topmerits.com or www.merits.me (the “Website”), emails, and Merits’ mobile software application commonly referred to as “Merits” (the “Application”) or any other Merits mobile application (collectively, the “Services”). The terms “we”, “us”, “our” and “Merits” refer to Merits Inc., a legal person duly incorporated pursuant to the laws of Canada. When you use the Services, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE SUBMITTING ANY INFORMATION TO MERITS OR THROUGH ANY MERITS SOFTWARE OR MOBILE APPLICATION. BY SUBMITTING ANY INFORMATION YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS POLICY AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT PROVIDE US WITH ANY INFORMATION AND SIMPLY EXIT THIS PAGE AND/OR THE APPLICATION WITHOUT ACCESSING OR USING ANY OF OUR SERVICES.

1. Importance of Your Privacy.

At Merits, your privacy is of great importance to us. We understand that you entrust us with certain private information to help us provide various products and services. In exchange for your trust, you expect and deserve our commitment to treat your information with respect and in accordance with this Privacy Policy. Rest assured that we will protect your privacy. Under no circumstances will Merits sell or share any personal information about you to or with any person or organization except (i) as authorized by you, (ii) as described in the relevant portion of the Application or Website, (iii) in connection with providing the Services, (iv) to the extent you make any use of the Application and/or Website, to merchants or third party service providers with which Merits has entered into a business relationship in order to provide the Services (the “Merchants”), (v) as may be required by law or court order, or (vi) as otherwise set forth herein. The Privacy Policy below describes the standards we adhere to in handling information about you and any personal information you submit through the Website and/or the Application.

2. Information We Collect.

(a) Information we receive from you. There are several areas on the Website and/or within the Application where you may be asked to enter both personal and non-personal information including, by way of example and without limitation, your name, address, birthday, phone number, credit card information, sign-in credentials for Face book, Twitter, Google+, or any other social media site, and information regarding your cell phone and/or other mobile device. Certain of this information will be publicly displayed as part of your account profile. In addition, when you use the Application or Website, Merits automatically receives and records information on our server logs from your browser or mobile platform, including your IP address and location. Merits also collects and uses additional information from users such as transaction location, purchase activity, Website and Application open date and time, idle time, and all clicks, taps and/or swipes on the Website or within the Application (together with time and order). Merits may also collect information posted by users on social media sites for users that have opted to connect to or otherwise link Merits with social media accounts including, without limitation, Face book and Twitter. We treat this data as non-personal information for purposes of providing the Services, except where we are required to treat it as personal information under applicable law. We DO NOT sell or share any personal information about you to or with any person or organization except (i) as authorized by you, (ii) as set forth in the relevant portion of the Website, Application or within any agreement between us, (iii) in connection with providing various products or Services to you (either directly or through one or more third parties), (iv) as may be required by law or court order, or (vi) as otherwise set forth herein. In particular, and without limiting the foregoing, information you enter on the Website and/or the Application (i) will be shared with the Merchants, and (ii) may be shared with various third parties in connection with making available to you certain offers (which offers may be based on or related to your location at the time the offer is made available to you). In addition, Merits may sell, disclose or otherwise use information gathered on the Website or within the Application to third parties on an aggregated basis.

(b) Technical information we collect. In order for Merits to ensure that we are providing the best possible consumer experience on the Website and within the Application, we collect and track certain user information. When you visit the Website, our Web server may use cookies, web beacons, tags, scripts, local shared objects, advertising identifiers, and similar technology (“Cookies”). Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on the Website and/or Application. These Cookies would be intended to store a limited amount of information about your use of the Services. The Cookies track aggregate information on how the Application and Website are being used, including session counts, navigation patterns, pages visited, etc. These Cookies, however, do not store any personally identifiable information such as your name, email address or phone number as you browse the Website or use the Application. When you submit a question, we store your Cookie identification in our system. This Cookie allows our site to recognize you when you return. Merits may also utilize web logs to track aggregate information about how the Website and/or the Application are being used. Web logs track anonymous user information, including the number of visitors to the Website, operating systems, internet provider addresses (if publicly available), and browser type. Unlike cookies, web logs are maintained only on Merits servers and do not store or place anything on the user’s computer.
If you come to the Merits Website or Application from an online banner ad, an anonymous identification number may be passed to the Website or Application. This information cannot be used to gather any personally identifiable information about you. It will only allow us to track the overall effectiveness of our online advertising, marketing and banner advertisement campaigns.

(c) Children under 13. Children are not eligible to use our Services and we ask that minors (under the age of 13) do not submit any personal information to us or use the Services. Merits does not collect or maintain information from those actually known to be under the age of 13, and no part of Merits’ Website, the Application or Services is structured to attract anyone under the age of 13. Other age restrictions may be set forth in Merits’ Terms of Service from time to time.

(d) Other Information collected. We may collect information about the Services that you use and how you use them. This information includes:
Device information
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number).
Location information
When you use the Service or access the Application, we may collect and process information about your actual location. We may also use various technologies to determine location, some of which may be made available through third party licensors.

(e) Public content. The information that you contribute through the Website or the Application is intended for public consumption, including your reviews, tips, photos, videos, check-ins, comments, likes, events, bookmarks, friends, lists, compliments, and account profile. We may display this information through the Services, share it with Merchants, and further distribute it to a wider audience through third party sites and services.

(f) Information from surveys. You may have the option of completing an online survey on the Website or within the Application from time to time. Participation in surveys is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us in connection with any such survey.

(g) Information from the “Contact Us” section of the Website or Application. You may contact Merits through the “Contact Us” feature. Participation in this area is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us.

(h) Information collected from other sections of the Website or Application. Merits may, from time to time, make various resources available to you at the Website or within the Application. At times we may collect personal information in connection with providing such services.

3. How Your Information Is Used.

We use your information to provide the applicable Services to you, either directly or through third party service providers, including, without limitation: to fulfill your requests, improve the quality and functionality of the Services, personalize your experience, track usage of the Services, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Services, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the Application and Website, and comply with legal obligations.

(a) Communications. When you sign up for an account or use certain features, you are opting to receive messages from other Merits users, Merchants, and Merits itself. You can manage some of your messaging preferences by following the appropriate link on any such message, but note that you cannot opt out of receiving certain administrative, transactional, or legal messages from Merits. We may track your actions in response to the messages you receive from Merits or through the Services, such as whether you deleted, opened, or forwarded such messages. If you exchange messages with others through the Services, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to the operation and use of the Services. We may not deliver messages that we believe are objectionable, such as spam messages or requests to exchange reviews for compensation. If you send or receive messages through the Services via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. If you are a representative of a Merchant, we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business.

(b) Sharing with Third Parties. Merits may also share certain aggregated data with other third parties for general marketing and demographic purposes; however, this data, when shared on an aggregated basis, does not include any of your personal identifying information. Some of our Services may be offered in conjunction with partner companies, affiliates or other companies or websites with which we work. In order for us to provide these Services to you, it may be necessary for us to share your personal information with one of such entities. These parties are not allowed to use personally identifiable information except for the purpose of providing these Services. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular Service. Merits does not disclose your personal information to third parties for the purpose of directly marketing their services to you unless you first agree to such disclosure.
Merits may share certain information obtained from you, including your personal identifying information, with the Merchants in order for you to use the Services. The Merchants are bound by this Privacy Policy and may only use such information in accordance herewith. However, you hereby expressly agree and acknowledge that Merits is not liable and disclaims all responsibility arising from or in connection with a use by the Merchants of your information that is not in conformity with this Privacy Policy or with the applicable law. Furthermore, Merits has no obligation to enforce this Privacy Policy on your behalf against any Merchant or any other third party.

(c) Purchasing Information. In addition to the uses of the information described above, Merits may, from time to time, collect purchasing information and/or data from other sources. Merits may collect this information for purposes of performing analytics and conducting consumer research. This information may be used to communicate and provide additional information that may be of interest to you and our Merchants.

(d) Disclosure of Information in Certain Cases. In addition, Merits may disclose account or other personal information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Merits’s rights or property, other Website or Application users or anyone else that could be harmed by such activities.

(e) Affiliated Companies and Change of Control. We may share information from or about you with our parent companies, subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires Merits or all or substantially all of its assets, your personally identifiable information and other information we obtain from you via the Website or the Application may be disclosed to any such potential or actual third party purchasers of such assets or equity and may be among the assets transferred. Such company will assume the rights and obligations with respect to that information as described in this Privacy Policy.

4. Altering Information You Submit.

(a) Deleting your information. Federal and state/provincial regulations may require that we store questions or submissions for various periods of time. In order to comply with these regulations, we may be unable to delete information from our databases.

(b) Altering Information. Merits may alter, modify or delete any information you submit to the Website or through the Application if it believes, in its sole discretion, it is necessary or desirable to do so.

(c) Request to stop receiving emails from us. Periodically, Merits may send you emails to alert you to various opportunities or offers available on the Website or within the Application. If you do not wish to receive any of these offers, please send an e-mail to support@topmerits.com to remove yourself from our mailing list, or follow the “unsubscribe” link found on any such communication.

5. Security

Merits uses extensive and sophisticated secure technology to protect your data and transmissions between you and Merits. Transmission between browsers and our web server is implemented using either Secure Sockets Layer (SSL) technology or Merits’ proprietary mobile application that utilizes SSL-encrypted communication. This technology requires an SSL-capable browser. Although Merits has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Merits cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

6. Links

The Website and/or Application may contain links to other websites or applications that are owned and operated by third parties that are not affiliated with us. When you use those links, you leave the Website or Application (as applicable) and we are unable to control how the owners of the websites or applications you link to handle any information they gather about you, including their privacy practices and use of cookies. This Privacy Policy applies only to the Website and Application and does not govern activities on linked websites or applications. We encourage you to review the privacy policy of any other website or application you visit, download or access to understand its owner’s practices on how it collects, uses and discloses your information.

7. Modifications to this Privacy Policy

If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will post such change on the Website and/or within the Application, and such change will be deemed to be effective 2 days from the date of such posting. In that case, your ability to opt out of the new policy will be determined by applicable laws.