Effective date: March 22, 2023

Welcome

Upfront allows merchant stores (“Merchants”) to offer their customers (“Merchant Customers”) an Upfront rebate advance option for eligible products, which allows Merchants to discount the sales price of any eligible product by the applicable rebate amount for such product. Upfront works with Merchant Customers to collect rebates from rebate providers (i.e., manufacturers,government agencies, and utilities) (collectively, “Rebate Providers”) to offer the Services.

To offer these Services, Upfront collects personal data from Merchants and Merchant Customers and shares this personal data with Merchants and Rebate Providers. Your privacy and the privacy of all our users is very important to us. Please read this Privacy Policy to learn how we treat your personal data.

By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use, and share your information as described in this Privacy Policy.

Remember that your use of the Services is at all times subject to our Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Service.

What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

Personal Data

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

• You

• When you provide such information directly to us.
• When you create an account or use our Services.
• When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
• When you send us an email or otherwise contact us.
• When you use the Services and such information is collected automatically.
• Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).

• Third Parties

• Authorized Merchants

• Authorized Merchants may provide us with information so we can complete your transaction with them.

• Vendors

• We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.

Our Commercial or Business Purposes for Collecting Personal Data

• Providing, Customizing and Improving the Services

• Creating and managing your account.
• Processing orders; billing.
• Providing you with the products, services or information you request.
• Applying for product rebates.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Services.
• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.
• Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws.

• Marketing the Services

• Marketing and selling the Services.

• Corresponding with You

• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Upfront or the Services.
• Sending emails and other communications according to your preferences.

• Meeting Legal Requirements and Enforcing Legal Terms

• Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
• Protecting the rights, property or safety of you, Upfront or another party.
• Enforcing any agreements with you.
• Responding to claims that any posting or other content violates third-party rights.
• Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.

Collection of SMS Data

In addition to the categories of Personal Data mentioned above, we may also collect and process SMS data when you use our Services. SMS data may include:

• Text messages sent and received through our platform.
• Phone numbers associated with text messages.
• Message content and attachments.

Use of SMS Data

We use SMS data for the following purposes:

• To provide you with our SMS-based services, including transaction notifications, account updates, and customer support.
• To improve the quality and efficiency of our SMS services.
• To analyze and understand how you interact with our SMS communications.
• To personalize SMS messages based on your preferences and behavior.

SMS Opt-In

By using or accessing our SMS-based services, you acknowledge and consent to the collection and use of SMS data as described in this Privacy Policy. You may opt-in to receive SMS messages from us when prompted during the registration process or by adjusting your notification settings in your account.

Please note that standard message and data rates from your mobile carrier may apply for SMS communications. You can opt-out of receiving SMS messages from us at any time by following the instructions provided in the SMS or by contacting our support team.

Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes in our SMS data practices. We will notify you of any material changes by placing a notice on our website, sending you an email, or through other means as required by applicable laws. Your continued use of our Services after such updates constitutes your acceptance of the revised Privacy Policy.

By adding this section to your privacy policy, you inform users about the collection and use of SMS data, their ability to opt-in or opt-out of SMS communications, and how you handle changes to the privacy policy related to SMS data. Remember to review and comply with any relevant laws and regulations regarding SMS data privacy, such as obtaining user consent and providing opt-out options.

How We Share Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

• Authorized Merchants. We share identity and transaction information to Authorized Merchants so they can complete the sale of the products and services you purchased from them. We also share this information so we can process refunds and deliver other customer support services.
• Rebate Providers. We share identity and transaction information and other information you provide us to Rebate Providers so we can obtain rebates for product purchases, as more fully described in the Terms of Service.
• Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:

• Hosting, technology and communication providers.
• Security and fraud prevention consultants.
• Support and customer service vendors.
• Payment processors.

• Our payment processing partner Stripe, Inc. (“Stripe”) collects your voluntarily-provided payment card information necessary to process your payment.

• Please see Stripe’s terms of service and privacy policy for information on its use and storage of your Personal Data.

• Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:

• Companies that track how users found or were referred to the Services.
• Companies that track how users interact with the Services.

• Parties You Authorize, Access or Authenticate

• Third parties you access through the services (such as other users).

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

Third Party Privacy Practices

When you share personal data in connection with the Services, we will share personal data with Merchants and Rebate Providers

Tracking Tools, Advertising and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google LLC (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Service and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at http://www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.

Data Security and Retention

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services (including, without limitation, for so long as necessary to “settle” a transaction). In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Personal Data of Children

As noted in the Terms of Service, we do not knowingly collect or solicit Personal Data about children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at support@knowupfront.com.

State Law Privacy Rights

California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@knowupfront.com.

Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at support@knowupfront.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.

Changes to this Privacy Policy

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the Upfront website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Contact Information

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

Email: support@knowupfront.com