Privacy Policy
This Privacy Policy describes how Neon Marketplace collects, uses or discloses personal information we receive through our websites (including https://www.neonmkts.com) and any mobile application, rewards card, key fob or other online or offline services we offer (collectively, the “Services”). This policy also describes your choices about the collection and use of your information.
Please read our Terms of Use and this Privacy Policy carefully before you start to use our Services. By registering a user account with us or using the Services, you acknowledge that you have read, understood, and agree to be bound and abide by our posted Terms of Use and Privacy Policy. If you do not agree to both the Terms of Use and our Privacy Policy, or if you violate them in any way, your right to access or use the Services is terminated. PLEASE SEE SECTIONS 12-14 OF OUR TERMS REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION.
1. How We Collect Information
We may collect information about you by various means, including:
- Directly from you, both online (e.g., app, email) and offline (e.g., in stores);
- Through our websites, mobile app, key fob, and other connected devices and services;
- From other third-party sources and social media platforms that you may use to engage with us, as well as from partners or third parties we work with, in order to supplement information we already possess; and
- By combining information from different sources, including online and offline data.
2. Types of Information We Collect
In order to better provide you with our Services, we may collect the following categories of information:
- Profile and subscription information, such as a username and password, your name, mailing address, e-mail address, phone number, birthday, and usage and subscription preferences, which may include signing up to some of our Services or communications from us;
- Transactional information including payment information and shopping history if you make purchases through the Services;
- Loyalty and Rewards Program information, if you are enrolled in a Neon loyalty or rewards program, such as points accrued and used;
- Survey information in response to questions we may send you through the Services, including for feedback and research purposes;
- Communications between you and us, such as via email, web form, mail, phone, or other channels;
- Offline activity you engage in with us (e.g., phone, in-store); and
- Online User Activity described in the next section.
If you provide us with information regarding another individual, you represent that you have that person’s consent to give us his or her information and to permit us to use the information in accordance with this policy.
3. Online User Activity, Cookies, and Information Collected by Other Automated Means
We, our service providers and advertising partners may collect certain information about your device and use of our Services by automated means, including but not limited to cookies, pixels, software development kits (SDKs) and other similar technologies (“Online User Activity”). For example, a cookie is a file that may be placed on your device when using our Services to uniquely identify you or store information on your device for later retrieval. Cookies are very commonly used by websites and most browsers are configured by default to accept cookies. SDKs serve a similar function in an app.
Cookies and SDKs are commonly used to allow websites and apps to store and retrieve certain information on a user’s system, and track users’ online activities. We, our service providers, and our business partners, may collect information about your use of our websites and app by such automated means, including but not limited to cookies, pixels, and other similar technologies.
Cookies and these other technologies can help us automatically identify you when you return to our Services. Cookies help us review website traffic patterns and improve the website, and determine what Services are popular. We can also use such information to deliver customized content and advertising to users of the Services whose behavior indicates that they are interested in a particular subject area.
When you use the Services, the information that we may collect by automated means includes, for example:
- Usage Details about your interaction with our Services (such as the date, time, and length of visits, and specific pages or content accessed during the visits, search terms, frequency of the visits, referring website addresses);
- Device Information including the IP address and other details of a device that you use to connect with our Services (such as device type and unique device identifier, operating system, browser type, mobile network information, and the device’s telephone number); and
- Location information where you choose to provide us with information about your device’s location.
We may also ask advertisers or other partners to serve ads to you, which may use cookies or similar technologies placed by us or the third party. If a user does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies, but if you choose to decline cookies, you may not be able to fully experience the interactive features that our Services provide. We may share non-personal information obtained via cookies with our advertising partners. Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time.
4. How We Use Information We Collect
We may use the information that we obtain about you for purposes allowed by applicable laws, including:
- Provide our Services to you (including account management, purchases, and our rewards program) and respond to your inquiries and other communications;
- Tailor the content that we display to you in our Services and communications, including advertising, and offer opportunities and information that we believe may be of interest to you;
- Operate, evaluate, and improve our Services, including to diagnose or fix technology problems;
- Monitor the performance of our Services including metrics such as total number of visitors, traffic, and demographic patterns, as well as analyze and enhance our communications and strategies (including by identifying when emails sent to you have been received and read);
- Provide you with administrative notices, such as to inform you about changes to this Privacy Policy and our Terms; and
- Comply with and enforce as needed applicable legal requirements, industry standards, our policies, and our contractual rights.
We may also use or share information in an anonymized or aggregate manner for many purposes such as research, analysis, modeling, marketing, and advertising, as well as improvement of our Services.
5. Online Advertising
You may see us promoted by other organizations, on various websites, web pages, social media and other platforms. Please note that we do not always have complete information about where our organization may be displayed or promoted, and if you believe that Neon is featured in venues that are inappropriate or offensive, please contact us as directed below.
We may serve advertisements, and allow third parties to serve advertisements, through our Services. Advertisements served through our Services may be targeted to users who fit a certain general profile category, which may be inferred from information that you provide to us or, based on your website usage patterns, or based on your activity on other websites or online services as may be available to the ad networks.
6. How We Share Your Information
We will not disclose your personal information to third parties without your consent, except in the following circumstances:
- We may share your information as permitted by law, including, for example, with our corporate affiliates, and service providers that we believe need the information to perform a technology, business, or other professional function for us (examples include IT services, rewards program management, maintenance and hosting of our Services, payment processors, shipping and returns partners, marketing partners, and other service providers). We provide such vendors with information so that they can perform their required functions on our behalf.
- If you voluntarily share or submit any User Content including contact information (e.g., name) or content (e.g., picture), or commentary (e.g., product review) for posting through our Services, or link it to any social media platforms, that post and any information associated with it may become available to the public. See our Terms of Use for more information about how we may use User Content.
- We may also disclose information about you: (i) if we are required to do so by law or legal process; (ii) when we believe disclosure is necessary to prevent harm or financial loss; (iii) in connection with an investigation of suspected or actual fraudulent or illegal activity; or (iv) under exigent circumstances to protect the personal safety of our staff, users, or the public.
- We reserve the right to transfer the information that we maintain in the event that we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy. Where appropriate, we will limit sharing of your information in accordance with the choices that you have provided us and applicable law.
7. Your Privacy Choices
We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.
- Marketing Emails: From time to time, we may contact you via email or through other channels for the purpose of providing announcements, promotional information and/or other general communication. In order to improve our Services, we may be notified when you open an email from us or click on a link therein. You may choose not to receive marketing emails from us by clicking on the unsubscribe link in the marketing emails you receive from us. Even if you opt out of receiving such communications, we may continue sending you non-marketing email communications, such as administrative or transaction alerts, or information about changes to our terms of service.
- Cookies: Web browsers may offer users the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our Services may not function correctly.
- User Account: You may terminate your user account or any loyalty program you participate in by contacting us as provided below. We may retain any account information or User Content for internal purposes or as otherwise provided in this Privacy Policy and our Terms of Use.
8. Jurisdiction-Specific Notices
Our Services may contain links to other websites or apps. This can include social media integrations. Please be aware that we are not responsible for the content or privacy practices of such other websites or apps, and we encourage you to be aware when you leave our Services and to read the privacy statements of any other website or app that collects personal information.
9. Links to Other Websites and Third-Party Content
We may update the content in our Services and Materials from time to time, but it will not necessarily be complete or up-to-date. The Services may be supported by sponsors or advertising revenue and may display sponsors, advertisements and promotions, and you agree that we may place such notices through the Services or on, about, or in conjunction with User Content. The manner, mode and extent of such notices are subject to change and you acknowledge that we may not always identify promoted services or content, or commercial communications as such. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.
10. How We Protect Information
We endeavor to maintain reasonable administrative, technical, and physical safeguards designed to protect the personal information that we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, we cannot ensure the security of any information that you transmit to us, or guarantee that this information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures in the event of any compromise of personal information. To the extent the law allows us to provide such notification via email or conspicuous posting on the Services, you agree to accept notice in that form.
11. Children
The Services are intended for use only by persons over the age of 13. We do not seek to collect information about children under the age of 13 and aim to delete such information if discovered.
12. International Data Transfers and Use
Our Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than those of the United States. Any information that you provide through use of the Services may be stored and processed, transferred between, and accessed from, the United States and other countries which may not guarantee the same level of protection of personal information as the one in which you reside. However, we will handle your personal information in accordance with this Privacy Policy regardless of where your personal information is stored or accessed.
13. Updates to Our Privacy Policy
We may revise the information on the Services or otherwise change or update the Services, including this Privacy Policy. If we make changes to this Privacy Policy, we will post notice of the modifications to the Privacy Policy on this page. Changes will become effective when posted. We encourage you to periodically check our Privacy Policy to see if there have been any changes of interest to you. Your continued use of the Services after an update to our Privacy Policy constitutes agreement to the policy as revised.
14. Contacting Us
This Privacy Policy was last updated on July 27, 2022.
