Loyalty Program Terms & Conditions

Welcome to Loyalty Program, owned and operated by the AU Energy. These Loyalty Program terms and conditions form the agreement (the “Agreement”) between you (“You”) and Sponsor and its affiliates and subsidiaries (“Company”).

(1) Agreement to Terms. YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE LOYALTY PROGRAM. If you do not agree to these terms and conditions, you may not participate in the Loyalty Program. Use of the Loyalty Program signifies your agreement to the terms and conditions of use set forth below.

(2) Modification of Agreement. Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on web site listed on the back of your and above (the “Website”). Use of the Loyalty Program after such notice will be considered your agreement to be bound by any such changes.

(3) Copyright Protection and Use of Company Information. The Loyalty Program is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Company names, logos and trademarks may not be used by you in any manner without the prior written consent of Company.

(4) Minimum Age Requirement. You must be at least 13 years old to apply for and hold a Loyalty Program account.

(5) Company’s Rights in Loyalty Program. Company may change, suspend or discontinue any aspect of the Loyalty Program at any time, including but not limited to rewards and point accrual/redemption methods. Company may also impose limits on certain features and services or restrict your access to parts or all of the Loyalty Program or the Website without notice or liability. Company reserves the right, in its sole discretion, to refuse service, cancel membership, suspend or terminate an account.

(6) Indemnification for Your Breach of Agreement. You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorney's fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of Company.

(7) No Warranty. The loyalty program, including all content, functions, materials and information made available to you or accessed by you through the website, is provided "AS IS." to the fullest extent permissible by law. Company makes no representation or warranties of any kind whatsoever for the content of the loyalty program, the materials, information and functions made accessible through the website, or for the products and/or services awarded or redeemed through the program. Further, company disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. Company assumes no responsibility, and shall not be liable for any damages by use of the loyalty program or the website. Company and its subsidiaries and affiliates shall not be liable for the use of the loyalty program, including, without limitation, the website and any errors contained therein. Company shall not be liable for any failure of the loyalty program, including the website, which results from acts or events beyond the company's reasonable control.

(8) Limitation of Company's Liability and Damages. In no event shall Company be liable for any loss arising from lost or stolen loyalty program cards, nor for any direct, indirect, special, consequential or other damages arising out of the use of the loyalty program or the website. This includes, without limitation, lost profits, lost points, business interruption, damage to equipment, computer systems or programs, or any information system, or the loss of any information or data. The maximum liability collectively of the company shall not exceed one hundred dollars ($100) for any damages of any nature, including gross negligence, arising in contract, tort or otherwise.

(9) Points Expiration Policy. You must remain active in the Loyalty Program to retain points you accumulate. If your membership account is inactive for one hundred eighty (180) consecutive days, your Loyalty Program Account will forfeit all accumulated points. Inactive is defined as having neither redeemed points nor accumulated points in a consecutive one hundred eighty (180) day period. You can remain active in the Loyalty Program and retain accumulated points by earning points in the Loyalty Program or redeeming points in the Loyalty Program at least once every one hundred eighty (180) days. Once points are forfeited, the points cannot be reinstated, but you can earn new points, unless your Loyalty Program Account has been canceled.

(10) Entire Agreement. These terms and conditions and the Privacy Statement constitute the entire agreement between Company and You with respect to Your use of the Loyalty Program. Any cause of action You may have with respect to Your use of the Loyalty Program must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

PRIVACY POLICY

Last Updated: December 31, 2019

I. Introduction and Overview

Thank you for using our services. This Privacy Policy explains what information we collect, how that information is used, under what circumstances we share information, and the choices you can make about that information. This Privacy Policy applies whether you access our services through a browser, a mobile application, or any other manner.

This Privacy Policy also describes how we collect, use and disclose your personally identifiable information ("PII"), PII is information about you that may be used to identify you (such as your name, phone number, or address).

II. Information We Collect

1. Information you provide to us or allow others to provide to us

At various points you may provide us with information about yourself. For example, when you create an account, you provide us with personal information like your name, email address, and zip or postal code. And for various loyalty rewards programs, we may collect information including your address, phone number, or birth date. Your account information may be updated or corrected by accessing your account settings.

If you log into your account through a third-party service, both we and that third-party may receive some information about you and your use of our services. For example, if you choose to log in with your Facebook account, we may receive information from Facebook, such as your name, e-mail address, public profile information, and information about your contacts. We may also offer social sharing tools (such as the Facebook "Like" button) that let you share actions with other websites and vice versa. In those cases, the providers of those tools may receive information about you when you use those tools. You should check the privacy policies of these third-party services and your settings there for more information.

If you wish to invite your friends and contacts to use our services, we will give you the option of either entering in their contact information manually or, for United States residents, importing it from your address books on other third-party services. In both cases, we will store this information for the sole purposes of allowing you to send your friends referral offers, for determining whether your friends use our services after a referral is sent, and, for United States residents, to remind your friends of the referral sent on your behalf.

Our partners may let us collect information about use of their sites/apps or share such information with us. For example, if you use our button or widget on another site or app, we may receive information about your use of that button or widget and the third-party site/app.

2. Technical information about usage of our services

When you use our services, either through a browser or mobile app, we automatically receive some technical information about the hardware and software that is being used.

Cookies, Pixels, and Other Tracking Technologies:

We, our partners, our advertisers, and third-party advertising networks use various technologies to collect information, including but not limited to cookies, pixels, scripts, and device identifiers. Cookies are small text files that are sent by your computer when you access our services through a browser. We, our partners, our advertisers, and third-party advertising networks may use session cookies (which expire when you close your browser), persistent cookies (which only expire when you choose to clear them from your browser), pixels, scripts, and other identifiers to collect information from your browser or device that helps us do things such as understand how you use our services and other services; personalize your experience; measure, manage, and display advertising on our services or on other services; understand your usage of our services and other services in order to serve customized ads; and remember that you are logged into our services. Our partners, advertisers, and third-party advertising networks may use these technologies to collect information about your online activity over time and across different websites or online services. By using your browser settings, you may block cookies or adjust settings for notifications when a cookie is set. Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do regarding these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or act with respect to "Do Not Track" signals. For more information on "Do Not Track," visit www.allaboutdnt.com.

We employ some third-party services to help us understand the usage of our services and the performance of advertising, and these third parties may also deploy cookies, pixels, or other identifiers on our services or collect information through our mobile applications. For example, we use Google Analytics to understand, in a non-personally identifying way, how users interact with various portions of our services -- you can learn more about information that Google may collect here.

Log Information:

When you use our services, our servers will record information about your usage of our services and information that is sent by your browser or device. Log information can include things like the IP address of your device, information about the browser, operating system and/or app you are using, unique device identifiers, pages that you navigate to and links that you click, searches that you run on our services, and other ways you interact with our services. If you are logged into our services, this information is stored with your account information.

Interest-Based or Online Behavioral Advertising:

We may use third-party advertising companies to serve interest-based advertisements to you. These companies compile information from various online sources (including mobile-enabled browsers and applications) to match you with ads that will be the most relevant, interesting, and timely for you. If you would like to opt-out of interest-based advertising, please visit optout.networkadvertising.org. Please note that you will be opted out of all interest-based advertising from all business members of the Network Advertising Initiative for that specific browser on that specific device. If you opt-out, you may continue to see We, or our partners’ online advertisements; however, these ads will not be as relevant to you.

3. Children

Our services are not intended for children under 13 years of age, and we do not knowingly collect personal information (as defined by the U.S. Children's Online Privacy Protection Act, or "COPPA") in a manner not permitted by COPPA. If we obtain actual knowledge that any information, we collect has been provided by a child under the age of 13, we will delete that information to the extent required by applicable laws.

We do not knowingly "sell," as that term is defined under the California Consumer Protect Act ("CCPA"), the personal information of minors under 16 years old who are California residents.

III. How We Use Your Information

Provide our services to you, improve the quality of the service, and develop new products and services
Charge you for the purchase and delivery costs through one or more payment processing partners
Offer you customized content (including advertising, coupons, and promotions)
Understand how users interact with our services (including advertising both on and off our services) as a whole and to test new features or changes in our features
Provide customer service, respond to your communications and requests, and contact you about your use of our services
Fulfill any other business or commerical purposes at your direction or with prior notice to you and your consent

You can opt-out of receiving promotional communications from us by using the settings on the Account Info page or by using the unsubscribe mechanism included in the message, where applicable.

IV. What We Share

With your consent or at your direction -- We will share your information with entities outside of our services when we have your consent to do so or it is done at your direction.
- If you enter loyalty card information from a retailer, we share that information with the retailer you chose along with your order so that information can be added to your loyalty card account.
- If you invite friends to use our services through our referral program, we will share some information with the friends you invite like your name.
For legal purposes -- We may share your information when we believe that the disclosure is reasonably necessary to (a) comply with applicable laws, regulations, legal process, or requests from law enforcement or regulatory authorities, (b) prevent, detect, or otherwise handle fraud, security, or technical issues, and (c) protect the safety, rights, or property of any person, the public.
On a non-personal or aggregate basis -- We may share your information with our retail partners in order to provide and maintain our services.
With our retail partners -- We share information on both a non-personally identifying basis (including, but not limited to, order and delivery details but not including credit card information) or an aggregate basis.
For business purposes -- We may share your information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company. We may also share your information between and among We, and its current and future parents, affiliates, subsidiaries, and other companies under common control and ownership.

V. Security

We employ and maintain reasonable administrative, physical, and technical measures designed to safeguard and protect information under our control from unauthorized access, use, and disclosure. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.

We will make any legally required notifications of any breach of the security, confidentiality, or integrity of your PII, including, without limitation, breaches of your stored PII (as breaches are defined under applicable state or federal statutes on security breach notification). To the extent permitted by applicable laws, we will make such notifications to you without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

VI. Changes to this Policy

This policy may change from time to time and any revised Privacy Policy will be posted at this page, so we encourage you to review it regularly. If we make changes, we will notify you by revising the date at the top of this Privacy Policy and, in the case of materials changes to the Privacy Policy, we may provide you with additional notice (such as a notice in our user interface or sending you a notification by email).

VII. Additional Disclosures

The California Consumer Privacy Act of 2018 ("CCPA") provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights, but we will provide the same rights and protections to all of our customers. The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning. For example, the definition of "personal information" under the CCPA includes your name, but also more general information like age.

A. Notice of Collection

Identifiers - including name, email address, and IP address.
Other individual customer records - including phone number, billing and shipping address, and credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here
Demographics - including your age. This category includes data that may qualify as protected classifications under other California or federal laws.
Commercial information - including purchases and engagement with our services.
Internet activity - including your interactions with our service.
Geolocation data - including location enabled services such as Wi-Fi and GPS.
Sensory Information - such as recordings of phone calls between you and us and surveillance video at our properties, where permitted by law.
Inferences - including information about your interests, preferences and favorites.
Health Information - including any information you provide to us regarding an experience with a retailer that may require us to contact that retailer or other retailer partners for public health or safety reasons, or to facilitate a refund. We do not share your identity with retailers we may contact in such a capacity, but do share date, time and location of a transaction, which may allow a retailer to independently identify you.

For more information on our collection practices, including the sources we receive information from, please review “Information We Collect” (Section II above). We collect and use these categories of personal information for the business purposes described in "How We Use Your Information" (Section III above), including to provide and manage our Services.

We disclose the following categories of personal information to third parties for our commercial purposes: identifiers, demographic information, commercial information, relevant order information, internet activity, geolocation data, sensory information, and inferences. We partner with different types of entities to assist with our daily operations and manage our Services. Please review "What We Share" (Section IV above) for more detail about the third parties we have shared information with and the underlying principles the guide our sharing practices.

B. Right to Know and Delete

The categories of personal information we have collected about you;
The categories of sources from which the personal information was collected;
The categories of personal information about you we disclosed for a business purpose or sold;
The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
The business or commercial purpose for collecting or selling the personal information; and
The specific pieces of personal information we have collected about you

If you would like to download or delete your personal information, you can do so by visiting our Privacy Information Request page, or email us at support@electrumcorporation.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

C. Right to Opt-Out

We do not generally sell information as the term "sell" is traditionally understood. However, if and to the extent "sale" under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.

D. Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent's permission to do so and verify your identity directly.

E. Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

F. Shine the Light

You may ask us for a notice describing what categories of personal information we share with third parties or affiliates for those third parties or affiliates' direct marketing purposes and identify the name and address of the third parties that received such personal information. Please submit a written request to the address provided below and specify you want a copy of your Shine the Light Notice. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

G. Consumer Affairs

If you have a question or complaint regarding the Website, please send an email to support@electrumcorporation.com. You may also contact us by writing to us at the address provided below under the Section entitled "Contact Information". California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

VIII. Contact Information

Questions or comments about our Privacy Policy? Contact our Privacy Team at:

Electrum Corporation
P.O. Box 1206
Prospect, KY 40059

For customer service inquiries, please send an email to support@electrumcorporation.com, or visit our Privacy Information Request page.

If you have comments concerning this website’s accessibility, please contact us at the email address support@electrumcorporation.com.

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