Effective Date: July 1, 2019

This Privacy Policy (“Privacy Policy”) explains how Rally, Inc. (“Rally,” “us,” “our,” and “we”), a provider of online marketing (the “Service”) collects and uses information when you interact with us. This Privacy Policy applies to all users of the Service and Rally’s website (the “Site”) found at www.rallyapp.com (and any other websites and mobile applications operated by Rally that link to this Privacy Policy, are branded “Rally” and link or reference this Privacy Policy. Please read this Privacy Policy carefully. If you do not agree to the terms of this Privacy Policy, please do not register, subscribe, create an account, or otherwise interact with this website or the Service. Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us via email at legal@rallyapp.com.

1. Types of Personal Information We Collect

Personally Identifiable Information (“PII”) is information that may be used to identify, locate, or contact an individual. It also includes other information that may be associated with PII. We collect the following types of PII:

• Contact information that allows us to communicate with you, such as your name, postal addresses, email addresses, social media website user account names, telephone numbers, or other addresses at which you receive communications from or on behalf of Rally.
• Relationship information that helps us to understand who you are and your use of the Service. This includes lifestyle, preference, and interest information; location information related to your state, city, or neighborhood; the types of businesses or products that interest you; information collected from social media interactions; and demographic information (e.g., birth date, age, gender).
• Transaction information about how you interact with the Service; other information about how you use our Service, email, other communications, and applications; and how you interact with the Service.
• Location information to help us connect you with businesses nearby, if you activated our Service on a mobile device and permitted your mobile device to transmit location data. If you access our Site or use the Service through use of an application you acquired from the Apple App Store, we do not collect any PII, except anonymous location data after you grant us permission to collect such data. Please see the section under the heading “mobile” for more information on the types of PII Rally may collect from the Service operating on a mobile device.

2. How Rally Collects PII

We may ask you for PII when you register, subscribe, create an account, or otherwise interact with the Service or contact Rally. For example, you may be required to provide us with contact information or relationship information in order to register for the Service.

We collect transaction information when you use our Service. For example, we may track what you view, submit, purchase, or redeem, and comments you make to forums, bulletin boards, discussion groups, chat rooms, or other methods of communication we may offer on or through the Service from time to time (collectively, “Communities”), or to those related to our social media pages or accounts. We use cookies and related technologies to collect information about your computer and your interaction with the Service and our business partner websites.

We also collect transaction information if you contact us via telephone, email, text, mail, social media interaction, or other methods of communication, such as for customer support purposes.

If you use a social media platform, a mobile device, or other third party method of communication to interact with Rally or the Service, that platform may have a specific privacy statement that governs the use of PII related to that platform. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

If you use the Service on a mobile device and your mobile device’s settings allow it, we may collect PII from your mobile device, whether or not you are logged on the Service.

From time to time, we may obtain additional PII from third parties. For example, we may collect PII from third parties to enhance other information we have about you, to help us better understand you, and to otherwise enhance the Service we provide.

3. How Rally Uses PII

Rally uses PII to:

• Operate and improve the Service;
• Provide users with information regarding products and services, or other benefits, from participating businesses, based on variables such as stated and anticipated user interests, personal characteristics, or location;
• Evaluate eligibility of users for certain products or services;
• Provide card-linked offers;
• Evaluate the types of products or services that may interest users;
• Track interest in certain businesses and perform other analytics;
• Provide user support, including to businesses or business partners;
• Fulfill requests for the Service;
• Communicate and provide additional information that may be of interest to you about Rally and our Service, such as news, special offers, announcements, and marketing materials;
• Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, or marketing;
• Provide advertisements to you through the Service, third party sites, email messages, text messages, applications, or other methods of communication;
• Administer surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our partners;
• Create user profiles that may contain inferences about users such as age range, income range, gender, and interests;
• Manage our daily business needs, such as Site administration, forum management, analytics, fraud prevention, Terms of Use, or to comply with the law;
• Allow you to sign up for special offers from third parties through the Service; and
• Carry out other purposes disclosed to you and to which you consent.

4. When and Why Rally Discloses PII

We may share your PII as the law requires or permits as described below:

• With affiliated companies (e.g., subsidiaries and other companies Rally owns or controls), who may only use PII for the purposes described in section 3 above;
• With our service providers that provide services for us to assist us in carrying out the purposes described in section 3, such as sending emails on our behalf, processing payments, and facilitating card-linked offers. Our service providers are bound by law or contract to protect PII and are only allowed to use PII in accordance with the terms of our service agreements with them;
• Rally’s business partners or advertisers, or others provided by or in conjunction with Rally and its business partners and in which you have elected to participate. For example, if you are referred to Rally from a business partner’s website or through an invitation facilitated by or in conjunction with a Rally business partner, we may provide that business partner with contact information and transactional information to validate the referral and to support the terms of the relationship between Rally and the business partner, which may allow such business partner to contact you directly and to advertise to you;
• To effect a merger, acquisition, or otherwise; to support the sale or transfer of business assets; to enforce our rights or protect our property; to protect the rights, property, or safety of others, investigate fraud, respond to a government request; or as needed to support auditing, compliance, and corporate governance functions. We may also disclose PII to defend ourselves in litigation or a regulatory action, and when required or advised to do so by law, such as in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate. If Rally is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or prominent notice on our Site of any change in ownership or uses of your PII, as well as any choices you may have regarding your PII; or
• Otherwise with your consent.

We encourage those with whom we do business to adopt and post privacy policies. However, the use of your PII by such parties is governed by the privacy policies of such entities and is not subject to our control. When you choose to interact with another entity, we encourage you to read any privacy policy it may have posted on its website.

We may also disclose information about you that is not PII. For example, we may provide third parties with reports that contain aggregated and statistical data about our users.

5. Cookies and Related Technologies

When you use the Service, we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools, and web server logs. As you use the Service, your browser and devices communicate with servers operated by us, our business partners and service providers to coordinate and record the interactivity and fill your requests for services and information.

The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our servers by your computers or mobile devices. We, our business partners, or our service providers operate these servers and manage the cookies.

For example, when you access our Service, we and our service providers may place cookies on your computers or mobile devices. These cookies may include means for tracking your transaction information with a merchant and may include tracking technology from third party affiliate network operators. Cookies allow us to recognize you when you return, and track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A “cookie” is a small amount of information a web server sends to your browser that stores information about your account, your preferences, and your use of the Service. Some cookies contain serial numbers that allow us to connect your activity with the Service with other information we store about you in your profile or as related to your other interactions with the Service.

Some cookies are temporary; whereas, others may be configured to last longer. “Session” cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases Session cookies once you exit your browser. “Persistent” cookies are more permanent cookies stored on your computers or mobile devices even beyond when you exit your browser. We use Persistent cookies for a number of purposes, such as retrieving certain information you have previously provided (such as your user ID if you ask to be remembered), and storing your preferences.

Pixel tags and web beacons are tiny graphic images placed on website pages or in emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us, or our service providers. These tools allow us to measure response to our communications and improve our web pages and promotions.

We collect many different types of information from cookies and other technologies. For example, we may collect information from the devices you use to access the Service, your operating system type, or mobile device model, browser type, domain, and other system settings, as well as the language your system uses and the country and the time zone of your device. Browsers routinely send these types of information to web servers. Our server logs also record the Internet Protocol (“IP”) addresses of the devices you use to interact with the Service. An IP address is a unique identifier used by devices to identify and communicate with each other on the Internet. We may also collect information about the website you visited before you used the Service and the website you visit after you leave the Service, if your browser provides this information to us.

In many cases, the information we collect using cookies and other tools is used in non-identifiable ways, without any reference to PII. For example, we use information we collect about users to optimize our Service and understand its traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with PII. In that case, this Privacy Policy governs how we use such information.

Additionally, if you have visited one of our mobile websites or activated one of our mobile device applications, and if the settings on your device allow us to receive location

information, we will collect it automatically. If we associate location information with other PII, this Privacy Policy governs how we would use such information. If you access our Site or use the Service through use of an application you acquired from the Apple App Store, we do not collect PII, except anonymous location data after you grant us permission to collect such data.

Rally has relationships with third party advertising companies to place advertisements on our behalf on other websites, and to perform tracking and reporting functions for the Service and our advertisements. We do not share PII with third party advertising companies; however, these third parties may automatically collect information about your visit to the Service and other websites, your IP address, your ISP, and the browser you use to visit the Service. They do this by using cookies and other technologies. Information collected may be used, among other ways, to deliver advertising targeted to your interests and to better understand usage and visitation of the Service and other websites tracked by third parties. This Privacy Policy does not cover collection methods or use of information collected by third parties, and Rally is not responsible for cookies in third party ads. We encourage you to review the privacy policies or statements of third party advertising companies to learn more about the use of cookies and other technologies.

6. Your Choices

You benefit from a more personalized experience when we know more about you. However, you can limit the information you provide to us, and you may limit the communications we send to you.

Email

If you want to opt out of receiving offers directly from Rally or those entities with which we do business, you may follow the opt out instructions in the emails you receive from them.

Cookies

You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about available cookie and other privacy and security settings. Please note should you disable cookies, you may be unable to access some customized features of the Service.

Mobile

If you access the Service through a mobile device or a mobile browser, you may manage how your PII is shared with Rally. The PII collected by the Service via a mobile device may include: (i) periodic collection of your location and time of day; (ii) names of other applications on your mobile device and, if you use an Android-based mobile device, how you use them (e.g., frequency and duration of use); (iii) if you use an Android-based mobile device, the URL addresses of the webpages you access; (iv) information about your mobile device (e.g., make, model, operating system, and other similar information); and (v) information about your use of features, functions, or clicks on notifications or content. If you access our Site or use the Service through use of an application you acquired from the Apple App Store, however, we do not collect any PII, except anonymous location data after you grant us permission to collect such data.

In addition to the other uses of your PII described in this Privacy Policy, Rally may use and process PII we collect via a mobile device to: (a) send notifications when you arrive at or leave places; and (b) infer the location of the places you visit most often, determine your frequency at these locations, and send notifications when you arrive at or leave those places.

Connecting through Social Networks

You may manage the sharing of certain PII when you register with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media platform or application to determine how you may manage the interactivity between Rally and your social media account. By registering with Rally through a social media platform, you grant Rally permission to access all elements of your social network profile information you made available to be shared and to use it in accordance with the social network’s terms of use and this Privacy Policy.

7. Accessing and Correcting PII

Keeping PII about you current helps ensure we offer you information from businesses you frequent or want to try. You can do several things to help keep PII about you current. You can access, update and delete your contact information and other information you provided to us.

If you want to close your account or have other questions or requests, or if you would like to access or request a correction to any other personal information we hold regarding you, please contact us.

We will retain your information for as long as your account is active, as needed to provide you Service, or for purposes of meeting other legal requirements. If you want to cancel your account or request we no longer use your information to provide you Service, contact us. In response, we will cancel or remove your information, but may retain and use copies of your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

8. Security of PII

Rally follows generally accepted industry standards to protect PII. No method of transmission over the Internet, or method of electronic storage, is one hundred percent secure. For this reason, there is no guarantee PII may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

9. Notice to Residents of Countries outside the U.S.

Rally is headquartered in Puerto Rico. PII may be accessed by us or transferred to us in the U.S., or to our affiliates, business partners, merchants, or service providers elsewhere in the world. By providing us with PII, you consent to such access and transfer. You also acknowledge and agree PII may be subject to access requests from governments, litigants, courts, law enforcement officials, and national security authorities in the U.S. in accordance with U.S. laws. We will protect the privacy and security of PII according to our Privacy Policy, regardless of where it is processed or stored.

10. Privacy Practices of Third Parties

This Privacy Policy addresses only the use and disclosure of information by Rally through your interaction with the Service. Other websites that may be accessible through links from our Service may have their own privacy statements and personal information collection, use, and disclosure practices. Our merchants and business partners may also have their own privacy policies. We encourage you to familiarize yourself with the privacy policies provided by these other parties prior to providing them with information or taking advantage of an offer or a promotion.

11. Communities

Our Service may contain Communities and other areas where you may be able to publicly post information, communicate with others (such as via discussion boards or blogs), review products and merchants, and submit media content. Prior to posting in these areas, please read our Terms of Use carefully. All information you post will be accessible to anyone with Internet access, and any PII you include in your posting may be read, collected, and used by others in a manner we cannot control. We are not able to control the use by third parties of PII you post to public areas of the Service. Please avoid publicly posting PII.

12. Changes to this Privacy Policy

From time to time, we may update this Privacy Policy to clarify our practices or to reflect new or different privacy practices, such as when we add new features to our Service. If we make any material changes, we may notify you by email (sent to the email address specified in your account) or by means of notice on the Service prior to the change becoming effective. Your continued access or use of the Service after any such changes become effective constitutes your acceptance of the Privacy Policy as revised. We encourage you periodically to review this page for the latest information about our Privacy Policy.

13. Children’s Privacy

Rally does not intend any portion of the Service will be accessed or used by children under the age of eighteen, and prohibits such use. The Service is designed and intended for adults. By using the Service, you represent you are at least eighteen years old and understand you must be at least eighteen years old in order to create an account. We will promptly delete information associated with any account for which we learn the registered user of the account is not at least eighteen years old.

14. California Privacy Rights

Pursuant to section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of PII companies with whom they have an established business relationship shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides companies must inform consumers about the categories of PII shared with third parties, names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by Rally pursuant to section 1798.83 of the California Civil Code, please contact us via email to legal@rallyapp.com, or by writing us at the following address:

Please allow 30 days for a response.