My Bud POS, LLC

Privacy Policy

Effective as of November 1, 2022

1.         General

My Bud POS, LLC (“MyBud”) is committed to protecting the privacy of your personal information.

This Privacy Policy (the “Policy”) sets forth our policies and procedures regarding the collection, use and sharing of your personal information.  We also explain the steps we take to protect your information and how you can limit the collection, use and sharing of your information.

This Policy applies to the following unless otherwise noted:

• users of our products and services, including our POS terminals (collectively, the “MyBud Products”);
• users and visitors of our website www.mybudpos.com (the “Website”); and
• members of any MyBud sponsored loyalty or rewards programs (collectively, the “Reward Programs”).

When we use the term “Services” it collectively refers to the MyBud Products, the Website, and the Reward Programs.  When we refer to MyBud or “us,” or “we,” we’re talking about My Bud POS, LLC

We may update this Policy from time to time and you should review it periodically for changes.  Any updated Policy will be posted at the Website.

2.         Information We Collect

MyBud receives and collects both personal and non-identifying information from you when we operate and provide you with the Services, when you install, access or use the Services and when you communicate with us.  Personal information means information either on its own or in conjunction with other data that enables a specific person to be identified, but does not include “de-identified,” “anonymous,” or “aggregate” information, which is not otherwise associated with a specific person.  Non-identifying information means information that by itself cannot be used to identify a specific person (e.g., zip code).

A.        Information You Provide.  Depending on the particular Service, you may provide the following personal information:

• name
• address
• email address
• mobile or other phone number
• payment information, including credit or debit card details and bank account info
• date of birth
• Social Security Number or EIN
• other personal information necessary to verify you and/or account, including citizenship status
• other personal information you provide to us for customer support purposes, surveys, sweepstakes or product feedback

B.         Information We Collect.  Depending on the particular Service, we may automatically collect the following information:

• items purchased or redeemed through any of the Services
• login and other credentials
• Service related diagnostic and performance information, including how you use our Services and performance logs
• information about your device and store, including model, browser, operating system, platform type, application software, mobile network, device identifiers and numbers, and Internet connection speed
• browsing, searching and buying activity
• IP address
• logs of web portal access
• advertisement campaign conversions
• websites visited and websites you come from and go to next
• personal, phone or social network contact information
• device identification number
• geolocation and device location information if you use our location features
• transactional information when you purchase one of our Services or certain other products

C.         Information Provided by Third Parties.  When you install, access or use the Services we may obtain the following information from third party sources:

• credit information from credit reporting agencies
• transactional information when you purchase a MyBud Product, including receipts or information from app stores or other third parties processing your payment
• aggregate information from outside companies that collect consumer information such as demographic and interest data (examples of this information include gender, age range, sports enthusiast, or pet owner)
• unique marketing and/or device IDs, contact and other marketing lead information from third parties, including from app stores
• users of our Services may provide us with your email address or phone number through the purchase/use of a Service, our refer-a-friend programs, their mobile address book or social networking platforms
• other information from third parties that helps us operate, provide, understand, customize, support and market our Services

3.         How We Use Information

We use all the information we collect and receive to help us operate, provide, improve, understand, customize, support, and market our Services.  In addition, we use your information for general, operational and administrative purposes, including maintaining your account, authenticating you and contacting you.  As used in this Policy, the terms “use,” “using” and “processing” information include using cookies or other similar technologies on a computer/phone/device, subjecting the information to statistical or other analysis and using or handling information in any way, including but not limited to, scanning, collecting, storing, evaluating, aggregating, modifying, deleting, using, combining, disclosing and sharing information among our affiliates both in and outside the United States and to select service providers and vendors.

A.        Our Services.  We analyze how our customers use our Services and use that information to evaluate and improve our Services, to research, develop, and test new services and features, and to conduct troubleshooting activities.  For example:

• we communicate with you about our Services and features and let you know about our terms and policies and other important updates;
• we may target particular advertisements or other content to you based information we have collected or you provided;
• we use your information to respond to you when you contact us.  Our communications with you, including phone conversations, chats and emails, may be monitored and recorded by us for quality assurance or for legal, regulatory or training purposes; and
• we verify accounts and activity, and promote safety and security, such as by investigating suspicious activity or violations of our terms, to ensure our Services are being used legally.

B.         Web Technologies.  The Website may use certain web technologies such as “cookies” or “web beacons.”  We use cookies, small text files stored locally on your computer or device to serve as markers, to operate, provide, improve and customize our Services and your experiences.  For example, we use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services.  Additionally, we may use cookies to remember your choices, such as your language preferences.  Web beacons are used to tell us how and when pages in our sites are visited, by how many people, their point of origin and operating system and to monitor performance with our Services.  These technologies do not collect personal information.  We do not honor any web browser “do not track” signals or other mechanisms that provide you the ability to exercise choice regarding the collection of information about your online activities over time and across third party websites or online services.  We use and share this data and information to deliver customized content and advertising, to ensure that you see the correct product information, to manage the frequency with which you see an advertisement, to tailor advertisements to better match your interests, and to understand the effectiveness of our advertising.  The content may be delivered on the Website, on non-MyBud websites, by our representatives, and via email, SMS, or other MyBud Products.  In addition, if you respond to or interact with a particular advertisement, you may later receive a targeted advertisement as a result of an ad server or ad network concluding that you fit within a particular audience we are trying to reach.

C.         Web Analysis.  We use certain Google Analytics Advertising Features, including Remarketing and Demographics and Interest Reporting.  Google Analytics is a web analysis service provided by Google that allows us to collect data about the traffic on our Website through Google cookies and other identifiers, which enables us, among other things, to create user segments based on demographic or interest data and to deliver relevant advertising.  Google utilizes the data collected to track and examine the use of our websites and to prepare reports on the activities and share them with other Google services.  Google may use the data collected to contextualize and personalize the ads of its own advertising network.  You may be able to opt out of the Google Analytics Advertising Features through your browser ads settings or by visiting Google’s Ads Settings page.

4.         How We Share Information

We share all the information we collect and receive with our affiliates, both in and outside the United States, and to select service providers and vendors, to help us operate, provide, improve, understand, customize, support, and market our Services, and for general, operational and administrative purposes, including maintaining your account, authenticating you and contacting you.  When we share information with our service providers and vendors, we require them to use your information only in accordance with our instructions and terms or with express permission from you and not to sell your information.  In addition, you share your information as you use and communicate through our Services.

A.        Information Shared Within the MyBud Family of Companies.  We share information within the MyBud family of companies, including our affiliates both in and outside the United States (collectively, the “MyBud Family of Companies”) primarily to operate, provide, support and market our Services.  For example, we may share your information with various affiliates, including National Retail Solutions, Inc., in order to process your transaction.

B.         Information Shared with our Service Providers and Vendors.  We work with various service providers and vendors for a variety of business purposes such as to help us offer, operate, provide, improve, understand, customize, support and market our Services.  We share information with these service providers and vendors to the extent reasonably necessary for them to perform work on our and your behalf.  For example, we may provide your credit card information and billing address to our payment processing company solely for the purpose of processing payment for a transaction you have requested.  In addition, MyBud shares certain information, including unique marketing identifiers, email addresses and mobile phone numbers (full or only partial), with some of our service providers and vendors, including tobacco companies, Google and Facebook, for marketing, advertising, rewards/loyalty programs and analysis purposes, including the delivery of advertising campaigns and preparing and sharing aggregate business and marketing reports, demographic profiling and to deliver targeted advertising about products and services.  When we share information with our service providers and vendors, we request that these parties protect your information and limit their use of the data to the purposes for which it was provided, and not to sell your information.  MyBud does not sell, rent or lease its customer lists to third parties.  Finally, if you purchase products or services offered jointly by MyBud and one of our service providers or vendors, your customer information may be received by both MyBud and the service provider or vendor that is providing the product or service.  For these jointly offered products and services, you should also review the other company’s privacy policy, which may include practices that are different from the practices described here.

C.         Special Circumstances.  We may share information in certain special circumstances.  For example:

• to comply with valid legal process including subpoenas, court orders and search warrants, and as otherwise permitted or required by law;
• to assist law enforcement in cases involving danger of death or serious physical injury to any person or in other emergencies;
• to protect our rights or property, or the safety of our customers or employees;
• to protect against fraudulent, malicious, abusive, unauthorized or unlawful use of our Services and to protect our network, Services, devices and users from such use;
• to advance or defend against complaints or legal claims in court, administrative proceedings and elsewhere;
• to prospective purchasers of all or part of our business or assets;
• to outside auditors, lawyers and regulators; and
• with your consent.

D.        Information Shared with Advertising Entities or Social Networks.  You may see third party advertisements on our products and services and the Website.  Some advertisements are chosen by companies that place advertisements on behalf of advertisers.  These companies, often called ad servers, may place and access cookies on your device to collect information about your visit.  The information they collect from our sites is in a form that does not identify you personally.  This information may be combined with similar data obtained from other websites to help our advertisers better reach their targeted audiences.  Targeting may be accomplished by tailoring advertising to interests that they infer from your browsing of our sites and your interaction with other websites where these ad servers also are present.  If you choose to interact with specific advertisers who advertise on our products and Services, the information you provide to them is subject to the conditions of their specific privacy policies.  The Website also includes plug-ins and widgets that may provide information to their associated social networks or entities about the MyBud page you visit, even if you do not click on or otherwise interact with the plug-in or widget.

E.         When You Share Information.  You share your information as you use and communicate through our Services.

5.         Your Rights and How To Limit Sharing Of Information

You have choices about how we use and share your information and there are additional protections that may apply with regard to certain information we collect.

A.        Telemarketing.  Federal “Do Not Call” laws allow you to place your phone numbers on the National Do Not Call Registry to prevent telemarketing calls to those numbers.  To add your numbers to this list, please call 1-888-382-1222, or visit www.donotcall.gov.  Most telemarketing laws allow companies to contact their own customers without consulting the Federal or State Do Not Call lists.  If you would like to be removed from MyBud’s telemarketing list, please contact us at 877-202-7523 or [email protected].  Please allow 30 days for your telephone number to be removed from any sales programs that are currently underway.  Please note that we may still call you regarding your Services and account even if you remove your number from our telemarketing list.

B.         Email and Text Messages.  Marketing emails you receive from us will include an unsubscribe feature usually found at the bottom of the email that you may use to opt out of receiving future marketing emails.  Marketing text and SMS messages from us also contain an opt-out feature that you can use to prevent future marketing text and SMS messages from us.  You may refuse to consent to receive calls and texts from MyBud and its affiliates that require your consent, including autodialed, pre-recorded or artificial voice telemarketing calls.  You may also withdraw your previously given consent to receive such calls and texts.  Your ability to manage some of our Services could be limited if you withdraw your consent to receive text and SMS messages.  In those cases MyBud does not recommend using those Services without authorization to receive such messages.

C.         Online Information.  You have choices about whether certain information collected on the Website is used to customize advertising based on predictions generated from your visits over time and across different websites and apps.  Similarly, many mobile devices offer controls you can set to limit the advertising use of information collected across mobile apps on your device.  Please note that many opt outs use browser cookies or device controls and are specific to the device and browser you are using.  If you buy a new computer, change web browsers or devices or delete the cookies on your computer, you may need to opt out again.  In addition, ads you receive may still be tailored using other techniques such as publisher, device or browser-enabled targeting.  You should check the privacy policies of the products, sites, apps and services you use to learn more about any such techniques and your options.  You also can limit the collection of certain website information by deleting or disabling cookies.  Most browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored.  Disabling cookies may prevent you from using specific features on our sites and other websites, such as ordering products or services and maintaining an online account.

6.         Other Information

A.        Keeping Children Safe.  MyBud does not knowingly market to or collect information from children under the age of 16 without obtaining verifiable parental consent.  If you allow a child to use your device or our Services, you should be aware that their information could be collected as described in this Policy.  We encourage parents to be involved in the online activities of their children to ensure that no information is collected from a child without parental permission.

B.         Security.  MyBud has technical, organizational and physical safeguards in place to help protect against unauthorized access to, use or disclosure of the information we collect and store.  Employees are trained on the importance of protecting privacy and on the proper access to, use and disclosure of customer information.  MyBud secures information on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.  We use Secure Socket Layer (SSL) encrypted protection to protect the personal information transmitted to the Website.  The Website is PCI compliant in connection with your credit card information.  Although we work hard to protect your information that we collect and store, no program is 100% secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose that information.  MyBud maintains security and incident response plans to handle incidents involving unauthorized access to information we collect or store.  If you become aware of a security issue, please contact us.

C.         Contact Information.  If you have questions, concerns or suggestions related to our Policy or our privacy practices you may contact us at:

My Bud POS, LLC

520 Broad Street

Newark, NJ 07102

877-202-7523

[email protected]

D.        Links to and from non-MyBud Website and Content.  The Website may contain links to non-MyBud sites.  In addition, MyBud content may be included on websites that are not associated with MyBud.  We have no control over these non-MyBud sites and are not responsible for the content on these sites or platforms or the privacy policies and practices employed by these sites and platforms.  We recommend that you review the policies and practices of the sites you visit.

E.         Social Networking.  Some of our Services may allow you to participate in blog discussions, message boards, chat rooms, and other forms of social networking and to post reviews.  Please be aware that these forums are accessible to others.  We urge you to not submit any personal information to these forums because any information you post can be read, collected, shared, or otherwise used by anyone who accesses the forum.  MyBud is not responsible for the information you choose to submit in these forums.  If you post content to information sharing forums, you are doing so by choice and you are providing consent to the disclosure of this information.

F.         Changes to this Policy.  We reserve the right to make changes to this Policy, so please check back periodically for changes.  You will be able to see that changes have been made by checking to see the effective date posted at the beginning of the Policy.

Oregon Consumers

If you are a resident of Oregon, then the following section also applies to you.

• Personal Data.  Personal data includes any information that is linked or reasonably linkable to an identified or identifiable individual.  Personal data does not include de-identified data or publicly available information.  NRS may collect and process the following categories of personal data regarding Oregon residents:

• Sensitive Data.  The only sensitive data (as defined in the ORPA) that NRS may collect and process is precise geolocation data (as defined in the ORPA) from its apps primarily for transaction compliance reasons if the user enables the app’s location feature.
• Your Rights.  As an Oregon resident you have certain additional rights regarding your personal data under the Oregon Privacy Act (the “ORPA”):

(i) Right to Confirm if a Controller is Processing Your Personal Data and to Access Personal Data – you have the right to request that NRS confirm whether or not it has collected and processed personal data about you and to access the personal data that we have collected about you;

(ii) Right to Correct Inaccurate Personal Data – you have the right to request that NRS correct any inaccurate personal data that we maintain about you;

(iii) Right to Delete – you have the right to request that NRS delete any personal data that it has collected about you.  There may be exceptions to this right and NRS does not have to delete your personal data if it is reasonably necessary to complete a transaction with you, to provide you with goods or services you requested, to comply with our legal obligations, and as otherwise provided by Oregon law.  In addition, if your personal data is deleted you may not be able to purchase or use our products and services;

(iv) Right to Obtain Copy of Personal Data in Portable Format – you have the right to obtain from NRS a copy of the personal data that we maintain about you in a portable format; and

(v) Right to Opt-Out of the Processing of Personal Data for purposes of Targeted Advertising, Sale, or Profiling with Legal Effects – NRS may sell (as defined in the ORPA) certain pieces of your personal data.  NRS does not process your personal data for Targeted Advertising (as defined in the ORPA) or process your personal data for profiling for decisions that produce legal or similarly significant effects (as defined in the ORPA).  You have the right to request that NRS not process your personal data for those purposes.  To exercise this right please go to https://www.idt.net/orpa-request and complete the form.

• How to Exercise Your Rights.  To exercise any of your rights, please go to https://www.idt.net/orpa-request and complete the form.  The ORPA applies to individuals who are Oregon residents, but does not apply to individuals acting in a commercial context.  An authorized agent may submit an opt-out request on your behalf using the same method listed in this section.
• Authentication of Consumer Requests.  In order to comply with a consumer request, NRS must reasonably authenticate the request.  A record of each request is made as soon as it is received by our data protection team.  NRS will use all reasonable measures to authenticate the identity of the individual making the request.  We will utilize the requested data to ensure that we can verify the requestor’s identity and where we are unable to do so, we may contact you for further information, or ask you to provide evidence of your identity prior to responding to your request.  This is to protect your data and rights.  If a third party, agent or representative is submitting an opt-out request on your behalf, we will verify their authority to act for you and may contact you and them to confirm your and their identity and to gain your authorization prior to taking action upon the request.
• Responding to Consumer Requests.  NRS will attempt to authenticate each request and if it is able to authenticate a request it will provide a response (if necessary and applicable) within 45 days of the receipt of the request, which time period may be extended by NRS for an additional 45 days.  If a delay is necessary, NRS will contact the requestor within the original 45 day period and provide the reasons for the delay.  All NRS responses shall be in writing.  The response shall be sent by mail or electronically.  If NTS is not able to process your request, we will inform you of that and (where possible) of the reasons for not acting upon your request.
• Appeal of Refusal to Take Action.  If NRS refuses to take action on your request you have the right to appeal that refusal within 30 days of your receipt of NRS’s response by sending an email to [email protected] and requesting an appeal.  Within 45 days of NRS’s receipt of your appeal, we will inform you of any action taken or not taken in response to the appeal, including the reasons for our decision.  If your appeal is denied, then you may contact the Oregon Attorney General by email at [email protected] or by phone at 877-877-9392.

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