Customer Terms & Privacy Notice

This Customer Terms & Privacy Notice ("Notice") describes how LoyQo, LLC ("we," "us," or "our") and the merchant whose loyalty program you are joining ("Merchant") collect, use, and protect your personal information when you enroll in a loyalty program powered by the LoyQo platform.

By joining a loyalty program through LoyQo, you acknowledge that you have read and understood this Notice and agree to its terms.

1. Who Is Collecting Your Information

Your information is collected jointly by the Merchant whose loyalty program you joined and by LoyQo, LLC as the technology provider operating the Platform on the Merchant's behalf. The Merchant is primarily responsible for how your personal information is used within their loyalty program.

2. What Information We Collect About You

• Name: Your first and last name, provided when you enroll.
• Phone Number: Your U.S. mobile phone number, used to identify your account and send SMS messages.
• Birthday: Month and day only (never the year), if you voluntarily provide it to receive birthday rewards.
• Loyalty Activity: Points earned and redeemed, transaction history, visit count, reward history, enrollment date, and VIP tier status.
• QR Code Token: A unique identifier linked to your loyalty account for in-store scanning.
• SMS Consent Record: The date, time, and fact that you provided consent to receive text messages, stored for legal compliance.
• Technical Data: IP address and device type when you access your digital loyalty card, used solely for security and fraud prevention.

3. How Your Information Is Used

• To operate and maintain your loyalty account (track points, process rewards, record visits).
• To send you transactional SMS messages about your account (e.g., "You earned 50 points!", "Your reward is ready to redeem").
• To send you marketing SMS messages from the Merchant, only if you have provided prior express written consent as required by the TCPA.
• To send you a birthday reward if you provided your birthday and opted in.
• To enable the Merchant to view and manage their loyalty program.
• To prevent fraud and protect the security of the loyalty program.
• To comply with applicable law.

We do not sell your personal information. We do not use your personal information for any purpose beyond operating the loyalty program, except as required by law.

4. SMS Messages — Your Consent and Rights (TCPA)

When you join a loyalty program, you may be asked to consent to receive text messages from the Merchant. This section explains your rights under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227.

• Transactional Messages: We will send you SMS messages related to your loyalty account activity (points, rewards, etc.) as part of the service you enrolled in. These messages are necessary to operate the program.
• Marketing Messages: When you submit the enrollment form on the kiosk or join page, the screen displays a clear and conspicuous disclosure stating that, by tapping Join, you affirmatively agree to receive automated marketing and transactional SMS messages from the Merchant about your loyalty rewards. Submitting the form constitutes your prior express written consent under the TCPA. Consent is voluntary and is NOT required to join the loyalty program or make a purchase.
• Message Frequency: Frequency varies by Merchant.
• Message & Data Rates: Standard message and data rates may apply depending on your carrier and plan.
• How to Opt Out of Marketing Texts: Reply STOP to any marketing message at any time. You will receive one final confirmation and no further marketing messages will be sent to your number by this Merchant.
• HELP: Reply HELP to any message for assistance, or contact us at privacy@loyqo.com.
• Opting Out Doesn't Delete Your Account: Opting out of SMS stops marketing messages but does not close your loyalty account. Your points remain active.

5. Who We Share Your Information With

• The Merchant: The business whose loyalty program you joined can view your name, phone number, loyalty activity, and visit history to manage your account.
• SMS Gateway Provider: Your phone number is shared with our SMS delivery partner solely to deliver text messages on the Merchant's behalf.
• Cloud Infrastructure: Your data is stored on secure cloud servers (Supabase / Amazon Web Services) under confidentiality agreements.
• Law Enforcement: We may disclose information if required by court order, subpoena, or other legal process, or to prevent fraud or harm.
• Business Transfers: In the event of a merger or acquisition, your information may be transferred with appropriate privacy protections in place.

We do NOT share your information with advertisers or third-party data brokers.

6. Data Retention

Your loyalty account data is retained for as long as the Merchant's account is active on the Platform. You may request deletion of your personal information by contacting the Merchant directly or by emailing us at privacy@loyqo.com. We will honor deletion requests subject to any legal retention obligations (e.g., we retain consent records for at least 4 years as required by the TCPA).

7. Your Privacy Rights

For All Users:

• Access: Request a copy of the personal information we hold about you.
• Correction: Request correction of inaccurate information.
• Deletion: Request deletion of your personal information ("right to be forgotten"), subject to legal exceptions.
• Opt-Out of SMS: Reply STOP to any text message.

Additional Rights for California Residents (CCPA):

• Right to Know: Know what personal information we have collected about you and why.
• Right to Delete: Request deletion of your personal information.
• Right to Correct: Request correction of inaccurate data.
• Right to Opt-Out of Sale: We do not sell your personal information. You may still submit a "Do Not Sell or Share My Personal Information" request.
• Right to Non-Discrimination: Exercising your rights will not result in denial of service or different prices.

To exercise any of these rights, email us at privacy@loyqo.com. We may ask you to verify your identity before processing your request. We will respond within 45 days.

8. Children's Privacy

The loyalty program is intended for adults (18+) or minors aged 13–17 with parental consent. We do not knowingly collect personal information from children under the age of 13. If you believe a child under 13 has enrolled, please contact us immediately at privacy@loyqo.com.

9. Security

We use industry-standard security measures including encrypted data storage, secure connections (HTTPS/TLS), and access controls to protect your personal information. No system is 100% secure. If you suspect unauthorized use of your loyalty account, please contact the Merchant or email us at privacy@loyqo.com.

10. Changes to This Notice

We may update this Notice from time to time. If we make material changes, we will notify you by SMS or through the Platform. Continued use of the loyalty program after the effective date of changes constitutes acceptance.

11. Contact Us

For questions, data requests, or to opt out, contact:
LoyQo, LLC
Email: privacy@loyqo.com