Abenity, Inc.

Security/Privacy Statement

Last Revised: January 27, 2021

Last Reviewed: January 1, 2022

Abenity, Inc. (Abenity) is committed to respecting the privacy and security of your general and personally identifiable information (“PII”). Any general and personal information that you are required to provide Abenity as a part of your member registration will be solely used to verify your membership and to provide you with information and services regarding your Abenity program. This policy is intended to help you understand our privacy practices in collecting, using, and disclosing information related to your use of our services. By using our services, you agree to the terms of this Privacy Policy.

Abenity uses the information we collect to respond to your inquiries, fulfill your requests, and to send you administrative information, such as updates to policies or products and services. The information we collect may also be used to personalize your experience and to offer you products, programs, features or services that may be of interest. Abenity may also use the information we collect from and about you for Abenity’s internal business purposes, such as data analysis, audits, and improving Abenity’s marketing and services. Abenity will retain collected information indefinitely or until (A) deemed unnecessary by Abenity or (B) a data deletion is requested by the Participating Organization or (C) a data deletion request is submitted by the member through the My Profile section of their Participating Organization's Perks program web site.

Abenity engages certain trusted third parties to perform functions and provide services to Abenity, including, without limitation, hosting and maintenance; customer relationship management; database storage, management, and analysis; and direct marketing campaigns. Abenity may also use third-party vendors to assist in evaluating customer experiences and improving our products and services. Abenity may share your information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.

Abenity WILL NOT sell personal information to third parties for any reason. Abenity WILL NOT share or distribute your personal information with third parties except as part of the function of the Abenity program and as required by law. Notwithstanding the foregoing, Abenity provides the organization through which you receive Abenity benefits (“Participating Organization”) anonymous aggregated level data about its participating members and your general information as part of the group, including but not limited to your name, address and email address. However, the Participating Organization does not receive any data or information specific to your individual participation in the Abenity program, including but not limited to your purchases, spending patterns or merchant selection. Abenity sells some products and services directly to you as a member. In these direct transactions, your financial payment data is encrypted and processed by a third party bank and Abenity does not see, collect or store any of your personal financial information. In addition, Abenity provides discount offers through external hyperlinks to third party merchants and vendors who may request your email address or other personal information. Abenity is not a party to any transaction between you and a third party merchant or vendor, and is not responsible for any personal information provided by you as a part of your transaction. Any and all transactions with third party merchants or vendors are directly with said merchant or vendor and will be wholly processed by the merchant or vendor, not Abenity.

All issues and disputes with a merchant or vendor, including but not limited to delivery issues and returns of merchandise should be handled directly with the merchant or vendor, as Abenity is not a party to your transaction. Notwithstanding the foregoing, Abenity is committed to the highest level of customer support and wants to assist you in the event there is an issue or dispute with a merchant or vendor. Therefore, any issue or dispute that cannot be resolved directly with the merchant or vendor can be reported to Abenity by calling 1-855-ABENITY or emailing Abenity at support@abenity.com. Please be advised that Abenity does not have any specific authority to compel any action or response by a merchant or vendor, but Abenity will attempt in good faith to address any issue or dispute.

As a part of your membership you have the option to receive a series of monthly “Abenity Spotlight” emails to inform you of new program features, merchant additions, and perks that we think you’ll enjoy. You will receive this email directly from members@abenity.com, unless a different email address is specified and requested by your Participating Organization. Local, regional, national, and international discounts and nearby offers are provided to you based upon the zip code you provide Abenity, or based upon your device’s IP address during your current browser sessions when you click on the “Nearby” button in the discount program’s location setting. If you are using a mobile application to access Abenity you can set your location settings to update periodically or set your location as a static location from the My Account > Location menu. Additionally, you can receive proactive Perk Alerts about nearby discounts by turning on Perk Alerts from the My Account > Settings menu.

If you do not wish to receive our monthly Spotlight emails or other promotional emails, then you may opt out at any time using the unsubscribe links within the email newsletter or by logging in to your Abenity program and updating your email settings under “My Perks > Profile > Email Settings.”. Opting out will permanently remove your email address and exclude you from receiving future notifications of additional benefits, services, and discount offers. Additionally, opting out of the Spotlight and other promotional emails will not unsubscribe you from Merchant Alerts you may have subscribed to; merchant alert preferences must be managed individually within your discount program under My Perks > Merchant Alerts

Abenity’s services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to Abenity will be transferred to the United States. By using Abenity services and/or providing Abenity with any information, you irrevocably consent to this transfer. Your information and data may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, including the United States, which may have different data protection rules than in your jurisdiction.

Online Tracking pursuant to the California Online Privacy Protection Act (CalOPPA). If you set your browser to “do not track” or to another such mechanism, Abenity will not collect personally identifiable information on your browsing activities over time or across third-party web sites or online services. However, as previous stated, you may transact business through Abenity with third party merchants or vendors. Said third party merchants and vendors are or may be conducting online tracking of your personally identifiable information on your browsing activities. Be aware that the third party merchants and vendors may choose not to accept your do not track setting, and may continue to track your browsing activities over time or across third-party web sites or online services.

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Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the information contained in Abenity, Inc's Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Abenity collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). Within the last twelve (12) months in particular, Abenity has collected the following categories of personal information from its consumers:

Category	Examples	Collected
Identifiers	A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.	Yes
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))	A name, address, telephone number, or credit card number. Some personal information included in this category may overlap with other categories.	Yes
Protected classification characteristics under California or federal law	Age or Gender.	Yes
Commercial information	Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies	Yes
Biometric information	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data	No
Internet or other similar network activity	On-site browsing history, search history, information on a consumer's interaction with a website, application, or advertisement	Yes
Geolocation Data	Physical location or movements	Yes
Sensory Data	Audio, electronic, visual, thermal, olfactory, or similar information	No
Professional or employment-related information	Current or past job history or performance evaluations	No
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records	No
Inferences drawn from other personal information	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	No

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Abenity, Inc. obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Website.
• Directly from your Membership Organization. For example, from a Single Sign-On API connection or Member Import from the organization that provides your Abenity membership.

Use of Personal Information

• We may use or disclose the personal information we collect for one or more of the following business purposes:
• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Abenity, Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Abenity, Inc. about our Website users is among the assets transferred.

Abenity, Inc. will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

Abenity, Inc. may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract with the third party that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

• Service providers

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Abenity has disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers
• Category B: California Customer Records personal information categories

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers.
• Data aggregators.

Sales of Personal Information

In the preceding twelve (12) months, Abenity has not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Abenity, Inc. disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • Sales, identifying the personal information categories that each category of recipient purchased.
  • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that Abenity, Inc. delete any of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Emailing us at support@abenity.com
• Calling us at ‭(855) 223-6489

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an Abenity account, our response to your request will be delivered to the email address on file. If you do not have an Abenity account, our response to your request will be delivered to the email address you provide with your request.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your 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 we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

Abenity, Inc. reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Abenity, Inc. collects and uses your information described within this policy and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: ‭(855) 223-6489
Website: https://abenity.com
Email: support@abenity.com

Postal Address:

Abenity, Inc.
Attn: Legal - Privacy Officer
725 Cool Springs Blvd
Suite 600
Franklin, TN 37067

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If you have questions or concerns about the information Abenity collects, you may contact Abenity at support@abenity.com.

Abenity may modify this Privacy Policy from time to time. Your continued use of our services constitutes your agreement to be bound by any modified Privacy Policy. If you do not agree to a modified Privacy Policy, your only remedy is to terminate using Abenity’s services. For questions regarding this Privacy Policy, please contact support@abenity.com.