Privacy Policy & Terms of Service and Use
While the word "privacy" may mean different things to
different people, we believe that once you understand how we use your
information, the steps we take to protect it, and the resulting benefit to you,
you will not only feel confident when sharing information with us, but will
also find your participation in the Loyal Patron Program a most rewarding
experience. Every communication sent to you will contain instructions on how
to unsubscribe from future campaigns and change the information that is
contained in your profile. Appropriate physical, electronic, and managerial
procedures have been put in place to protect the integrity and security of all
information we obtain.
Acknowledgment & Acceptance
By enrolling in the Loyal Patron
Program and/or using the Loyal Patron membership card, including activating
your card for participation in the Loyal Patron Program, you confirm that you
have read, understand and agree to this Privacy Policy & Terms of Service
and Use, which will constitute a legally binding agreement between us
("Agreement") and that your membership shall conform to this
Agreement.
The Loyal Patron Program, and Loyal Patron website at www.loyalpatron.com (the "Loyal Patron Website"), are
owned and operated by AmeriCardGold Stored
Value Networks, LLC ("AmeriCardGold"). We welcome questions and comments about our
Privacy Policy. If you want to contact us, we can be reached via email at:
support@loyalpatron.com.
Cardholders ("Members") are any individual who acquires a Loyal Patron card and
uses it at merchants subscribed to the Loyal Patron network ("Merchants").
Cardholders must activate their membership card over the Loyal Patron website,
through a merchant website interfaced with the Loyal Patron system, or by phone
in order to redeem any rewards earned or preloaded at participating Merchants.
Members may earn rewards by taking advantage of reward earning opportunities at
select participating Merchants by presenting their card at checkout for
qualifying purchases.
Access to Personally Identifiable Information ("PII")
PII refers to any information that can be used to identify you as an individual in any way. Enrollment in the Loyal Patron Program is contingent upon your agreeing to the Terms of Service and providing basic registration information (e.g., first and last name, email address, zip code) that is non-financially sensitive.
Administrative Message Communication
AmeriCardGold uses your
information to send Members periodic messages from time to time. Such messages
most often include an automated thank-you note email sent the day after Member
patronizes a Merchant detailing rewards earned and outstanding balances. Less
frequent messages may include: system updates and administrative announcements
and other similar messages ("Administrative Messages") sent via
email. Members can elect to stop receiving email directly from AmeriCardGold
by sending a notice to support@loyalpatron.com and
requesting to unsubscribe.
Merchant Subscriber List Communication
In addition to automated
thank-you note emails and other administrative announcements sent to Members
directly from AmeriCardGold pertaining to the Loyal Patron Program, we provide
access to your PII to only those Merchant(s) whom you patronize by allowing
your card to be swiped at checkout to complete a sales transaction. Merchants
may use this information to send you information about offers and services they
feel would be of interest to you. You can elect to stop receiving email
and/or text messages directly from participating Merchants by unsubscribing to
messages received directly from the communicating Merchant.
Other than Merchant(s) whom you patronize, we do not rent or sell
your PII to anyone. You will NOT be contacted by outside third parties without
your permission as a result of your participation in the Loyal Patron Program
as a result of any direct or indirect action by AmeriCardGold. Furthermore,
Merchants subscribing to the Loyal Patron Program are contractually bound to
observe strict anti-spam policies established by both AmeriCardGold and
authorized sub-contractors engaged for the delivery of services. Failure to
comply with these anti-spam policies may result in immediate termination of the
Merchant’s subscription and permanent archiving of membership data that is no
longer accessible by the Merchant.
AmeriCardGold may keep PII indefinitely, however, upon cancellation of your Loyal
Patron account, all PII for your account will be purged from our records.
AmeriCardGold will provide convenient access to the PII provided by you during
enrollment in the Loyal Patron Program for your review and correction. You can
access your Loyal Patron account and update any personal profile information
and opt-in preferences through the Cardholder Login area at www.loyalpatron.com.
Anti-SPAM Policy
We have a strict policy on unsolicited email and text messages. Because email and text communications is an integral part of the Loyal Patron Program, by activating your Loyal Patron card, you’ll be eligible to receive email and/or texts directly from only those Merchants you patronize in the Loyal Patron network. A Merchant whom you patronize is a Merchant that you visit and give your Loyal Patron card to swipe through its terminal at the Point of Sale for recording a sales transaction. If you later decide you wish to cease receiving communications from either AmeriCardGold or specific participating Merchant(s) whom you patronize, you may do so at any time by following the opt-out instructions contained in the email or text communication, or by updating your opt-in preferences online while signed into your account through the Loyal Patron Website. Please note that opting not to receive email or texts from Merchant(s) whom you patronize does not exempt you from receiving Administrative Messages directly from AmeriCardGold that include but are not limited to: automated thank-you note emails sent the day following a visit, notices about vital program and membership status changes or alterations to our Terms of Service.
Terms of Participation
Loyal Patron membership and its right to use is limited to one individual per Loyal Patron account (unique cardholder).
Member agrees to provide only true and accurate information when completing the Loyal Patron registration form or updating personal information online at all times.
Member agrees to promptly notify
AmeriCardGold of any change in Member's address (mail or email) or personal
profile by updating his or her personal information at the Update Account Info
section of the Cardholder Login area of the Loyal Patron Website.
Value may be redeemed by Member only at the location where the value was
originally earned or preloaded by the issuing Merchant.
Participating Merchants reserve the right to limit the redemption of specific
rewards and limit the number of reward earning opportunities within their
facilities according to the respective Merchant’s program policies. These
policies may be different on a merchant-by-merchant basis.
Value will be subtracted from Member's account once the value is redeemed and
will not be reinstated to Member’s account.
Member agrees not to abuse Loyal Patron privileges by any conduct
which is detrimental to the interests of the Loyal Patron Program, including
without limitation: attempting to redeem preloaded value from multiple
registered cards, having multiple accounts, attempting to earn rewards or
receive other value through other than legitimate channels, participating in
purchasing or redemption fraud, or tampering with the Loyal Patron Website.
Either AmeriCardGold OR a participating Merchant reserves the
right to terminate or disable any Loyal Patron membership if either
AmeriCardGold or the impacted Merchant believes the Member has violated or
acted inconsistently with the rules and policies of the Loyal Patron Program or
intent of this Agreement. Member understands and agrees that disabling of
membership will result in Member's inability to redeem any value earned or
preloaded on his or her card. Member further understands and agrees that
termination of membership will result in the cancellation of all of Member's
value.
AmeriCardGold reserves the right to cancel or disable and expire unredeemed
value in accounts that are inactive for a period of 12 consecutive months in accordance
with local and state laws surrounding expiration of stored value. "Inactive"
means the lack of any value-earning or redemption transaction.
Member shall comply with all laws, rules, and regulations that are applicable
to Member. Member acknowledges that Member may only participate in Loyal Patron
if and to the extent that such participation is permitted by such laws, rules,
and regulations. AmeriCardGold may refuse to enroll Member, or to restrict,
modify, or terminate Member's participation in the Loyal Patron Program,
without liability to Member or any other party, if Member violates any law,
rule, or regulation, or if Member's participation in the Loyal Patron Program
could violate any law, rule, or regulation.
Disclaimer of Warranties
MEMBER EXPRESSLY AGREES THAT USE OF THE LOYAL PATRON PROGRAM IS AT THE MEMBER'S SOLE RISK. LOYAL PATRON AND ALL SERVICES OFFERED THEREIN ARE PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. AMERICARDGOLD MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH AMERICARDGOLD OR LOYAL PATRON MERCHANTS, ADVERTISERS OR PARTNERS; THAT AMERICARDGOLD WILL MEET MEMBERS' REQUIREMENTS; OR THAT LOYAL PATRON SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; NOR DOES AMERICARDGOLD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LOYAL PATRON PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH AMERICARDGOLD.
AMERICARDGOLD EXPRESSLY DISCLAIMS
ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. AMERICARDGOLD SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY
GUARANTEES, WARRANTIES, AND REPRESENTATIONS OFFERED BY LOYAL PATRON
ADVERTISERS, PARTNERS, MANUFACTURERS OF MERCHANDISE, OR SUPPLIERS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM
AMERICARDGOLD OR PARTICIPATING LOYAL PATRON MERCHANTS SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
AMERICARDGOLD SHALL NOT BE LIABLE
FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN LOYAL
PATRON SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
AmeriCardGold is not responsible for damages or losses that result from
participating or inability to participate in the Loyal Patron Program, or
reliance on or use of information, services, or merchandise provided on or
through Loyal Patron. Member acknowledges and agrees that AmeriCardGold
neither endorses the contents of Merchant or third parties' websites, nor
assumes responsibility or liability for the accuracy of material contained
therein, or any infringement of third party intellectual property rights
arising therefrom, or any fraud or other crime facilitated thereby.
AmeriCardGold is not responsible and assumes no liability for any changes or
discontinuances of service from Merchant which may affect the ability to accrue
or redeem value, or use any aspect of Loyal Patron services. In no event shall
AmeriCardGold’s liability, either jointly or severally, exceed $0.30, which is
the wholesale value of printing the Loyal Patron membership card.
Member's correspondence with or
participation in reward earning opportunities offered by Merchants are solely
between Member and the Merchants. AmeriCardGold assumes no liability,
obligation, or responsibility for any part of any such correspondence or
promotion, including without limitation withdrawal or modification of any offer
or promotion.
Member understands that, in some cases, there may be delay in the crediting of
value or ability to redeem value toward a sale purchase due to the Merchant’s
terminal failing to provide necessary information to AmeriCardGold for such
crediting or debiting of value to existing balances. AmeriCardGold will not be
responsible or liable for the delay or failure to credit value in such event.
Use of Cookies
We use "cookies" to
personalize the program to your interests, and most importantly, to ensure that
only you can access your account. We also review "log-file" data to
monitor site performance and analyze traffic patterns and usage of our site. We
enhance your use of the Loyal Patron Website by bringing certain advertising,
promotions and marketing messages to you as you use our site. We also tailor
your experience at our site by collecting anonymous data through the use of
cookies that track user activity. Our cookies contain no information about you;
instead, they assign to you a unique number with no meaning outside of the Loyal
Patron network. AmeriCardGold uses this number to track, for example, your
exposure to particular merchant banners so you are not exposed to the same
merchant message over and over again, and to target ads, promotions and other
marketing messages that may be of interest to you. All Members who receive a
merchant message targeted by AmeriCardGold’s technology remain completely
anonymous.
Third Party Services
To enhance the value of the Loyal
Patron service to Members, AmeriCardGold may use third parties to collect,
process and store your PII for the purposes of data verification and
supplementation. Data verification involves the use of a third-party data
processing service to standardize and clean your provided enrollment
information so that it is easily identified and accessed in our database. Data
supplementation involves appending any publicly available information about you
to your personal profile.
We might seek out any information about you that is publicly available on the
open market and overlay this data onto ours for comparison purposes.
Information collected in this manner could include your spending habits from a
mail-order catalogue, demographic information you provided in entering a
sweepstakes, or your financial history. All of this results in a program that
is tailored to your personal interests and provides you with the most relevant
reward earning opportunities.
These third parties, including contractors, sub-contractors and partners, are
contractually bound to preserve the confidentiality of your information and can
use PII only for the sole purpose of providing services to AmeriCardGold. Such
third parties have agreed to be bound by the terms set forth in the
AmeriCardGold Privacy Statement and to maintain the confidentiality and
protection of your PII, at all times during and after providing services.
Security
We maintain rigorous Security
Practices to ensure as much as is reasonably possible that the confidentiality
of your PII is not compromised. AmeriCardGold has established company-wide
security practices for your protection. These practices include, but are not
limited to, firewall security, the use of appropriate encryption technology,
and the use of multiple levels of password security to limit access to data on
a "need to know" basis.. All contractors and employees are required
to familiarize themselves with, and abide by, these safeguards.
Termination
AT ANY TIME, EITHER MEMBER, AMERICARDGOLD, OR MERCHANT MAY TERMINATE MEMBER'S
MEMBERSHIP, WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY
CEASES UPON TERMINATION, AT WHICH TIME MEMBER'S UNREDEEMED VALUE WILL BE
CANCELLED.
Termination of Member's membership by Member is effective upon Member
submitting a termination request through the Loyal Patron Website and Member
receiving a message from AmeriCardGold confirming termination. Member
understands that, in some cases, Member may still receive messages (which may
have been scheduled prior to Member's termination) after termination. Member
may not earn rewards or redeem any unused value after termination.
Should Member object to any of the terms and conditions of this Agreement, or
any subsequent modifications thereto, or become dissatisfied with Loyal Patron,
Member's only recourse is to immediately discontinue participation in the Loyal
Patron Program and terminate his or her membership in the manner provided
herein. (See paragraph above.)
AmeriCardGold reserves the right
to terminate the membership of any Member who appears to be using Loyal Patron
in a manner inconsistent with this Agreement, the intent of this Agreement, or
any Loyal Patron rules.
Upon termination of the service or offer, or validation of your transaction,
unless you directly authorize Merchant(s) whom you patronize to maintain or use
your PII for other purposes, the Merchant is required to delete your PII from
its files.
Proprietary Rights to Content
Member acknowledges that Loyal
Patron content (including but not limited to text, sound, photographs,
graphics, or other material contained in any Loyal Patron communication,
advertisements, or messages, whether by AmeriCardGold, AmeriCardGold’s
merchants, advertisers or partners), service and software are protected by
copyrights, trademarks, service marks, patents, and/or other proprietary rights
and laws; therefore, Member is only permitted to use content, service, or
software as expressly authorized by AmeriCardGold, its subscribing merchants,
advertisers and partners, as the case may be.
Modifications
AmeriCardGold reserves the right to change this Agreement, and/or
any part thereof, at any time. Member understands the most recent version of
this Agreement will be located in the Legal Notices section that can be found
at the footer of every page on the Loyal Patron Website.
Member's non-termination or continued use of Loyal Patron constitutes an
affirmative acknowledgment by Member of any modification to the Member Terms of
Service Agreement and consent to abide and be bound by any terms thereof. At
any time, if Member does not agree with the Member Terms of Service, Member may
terminate Member's membership.
AmeriCardGold reserves the right to modify or discontinue the Loyal
Patron service with or without notice to Member.
AmeriCardGold shall not be liable to Member or any third party should
AmeriCardGold exercise its right to modify or discontinue the Loyal Patron
Program in whole or in part.
Notices
All notices given by AmeriCardGold to you will be given by email, regular mail or by general posting on the Loyal Patron Website.
Indemnification
Member agrees to indemnify and hold AmeriCardGold, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees, relating to use of the Loyal Patron Program and/or Loyal Patron card or violation of this Agreement.
Laws
We reserve the right to release information to local, state, or federal law
enforcement officials when we believe in good faith that the law requires it,
or when required to do so by order of a Court or authorized administrative agency.
Any dispute or claim arising out of or in relation to this Agreement, or the
interpretation, making, performance, breach, or termination thereof, shall be
finally settled by binding arbitration in Bucks County, PA or at another
location determined by AmeriCardGold under the Commercial Arbitration Rules of
the American Arbitration Association (the "Rules") by three arbitrators
appointed in accordance with the Rules. Judgment on the award rendered by the
arbitrators may be entered in any court having jurisdiction thereof.
This contract shall be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of law principles. The arbitration proceedings shall be
governed by federal arbitration law and the Rules, without reference to state
arbitration law.
Member and AmeriCardGold agree that, any provision of applicable law
notwithstanding, neither party will request, and the arbitrators shall have no
authority to award, punitive or exemplary damages against the other party.
This Agreement constitutes the complete and exclusive understanding between
AmeriCardGold and Member relating to the subject matter hereof and supersedes
all prior or contemporaneous understandings, agreements, communications, and/or
advertising with respect to such subject matter.
If any provision(s) of this Agreement is held by the arbitrators to be contrary
to law, then such provision(s) shall be construed, as nearly as possible, to
reflect the intentions of the parties with the other provisions remaining in
full force and effect.
AmeriCardGold’s failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by AmeriCardGold in writing.
How to Contact us
Questions regarding this Privacy Policy and Terms of Service and Use or any other aspect of the Loyal Patron Program can be submitted in writing to:
AmeriCardGold
Stored Value Networks, LLC
1933 Wellington Drive
Langhorne, PA 19047