Privacy Notice

Curbside, Inc. Notice of Privacy Practices
Updated: February 27, 2019

At Curbside, maintaining the trust of our users is of the utmost importance to us. We have developed this Notice of Privacy Practices (our “Privacy Notice”) to show our commitment to fair information practices and the protection of our users’ privacy, and to explain how we collect, use, share, and disclose information about our users.

Curbside is part of the Rakuten Group, a global family that includes the affiliates and subsidiaries of Curbside’s Tokyo, Japan-based parent company, Rakuten, Inc., and that consists of more than 70 businesses that span e-commerce, digital content, communications and fintech. Through its unified ID program and single login and sign-on function, known as the Rakuten ID, the Rakuten Group allows its members to connect easily to the many services offered by those Rakuten Group companies that, like Curbside, participate in the Rakuten ID program, without having to create a new account with each company. Find more information here.

Curbside, working closely with leading retailers, has developed a mobile-optimized, shopper-centric experience that connects its users with nearby brick-and-mortar stores via those users’ mobile devices.

This policy does not apply to any data collected or used by any third parties that may have access to your information as a result of your use of the Curbside app. It is your responsibility to read and confirm your agreement with the privacy policies and practices of the stores in the Curbside app before you make any purchases from those stores.

Collection and Use of Personal Information

When you use the Curbside app to browse nearby stores or find products, we will use your GPS location information in order to identify the stores that are nearby. Users must have an active and validly created account in order to use Curbside’s app and services. In order to make purchases or engage in other retail transactions using the Curbside app, you will need to be a registered user.

Curbside user accounts can be created on Curbside’s website, from within Curbside’s mobile app, or possibly (depending on a Curbside Retailer’s specific preferences) from within a third-party app that offers Curbside’s services. To create an account, a user must provide Curbside with their full (first and last) name, a working mobile phone number, and a valid email address, and must choose a password for their account (all of the foregoing, collectively, the “Basic Account Info”); from there, users who are not already in Curbside’s mobile app will be directed to open (or if necessary, obtain and then open) the Curbside app in order to continue the registration process. The Curbside app, which collects and can retain a user’s Basic Account Info, also gives the user the option to add any of the following additional information:

  • Credit Cards: Credit card numbers, expiration dates, CVV codes, and name and billing address information.
  • Rewards Cards: Rewards card or other customer loyalty numbers for Curbside Retailers, or alternative IDs that can be used to obtain rewards card benefits.

In addition to the above information, which a user can directly input, add or otherwise provide via the Curbside app, Curbside will access and use the following information when a user browses, shops or otherwise interacts with stores or third-party products or services accessible from the Curbside app`:

  • GPS Location Information: The user’s current location, in order to identify nearby stores and (when enabled by these stores) specific products that they have in stock.
  • Purchase Information: Store, item and quantity information for those purchases made or other transactions completed using the Curbside app.
  • Credit Cards/Rewards Cards: The user’s credit card or rewards card information, which may be collected at checkout if not previously stored by the user, or where the user is using different information for a given transaction.

Curbside may also collect and use technological identifier information – such as mobile device type, operating system type and version, and connection information, as well as usage and traffic data –that is not specifically identified as relating to a particular user or otherwise personally identifiable, to improve the products and services that Curbside offers. This information may also be shared with our partners, but without any reference to personal identifiers and only on an aggregated and anonymized basis.

Personal Information collected by Curbside may also be used in the following ways:

  • Account Access: A user’s email and password are used to validate their identity on login; the user’s email or mobile phone number can also be used to respond to a user’s request for a “reset password” link.
  • Purchases: A user’s name, address and credit card information will be used when required (and authorized by the user) to make payments for purchases via the Curbside app; when applicable, the user’s customer rewards number or alternative ID will be provided to identify the user as a participant in a store’s loyalty/rewards program.
  • Pickups:  A user’s location is used to coordinate the timing and location for purchase pickups from brick and mortar stores, and the user’s mobile phone number may be used for calls or text messages to coordinate those pickups.
  • Email Offers: A user who has not opted out may be notified by email of special offers, improvements and other changes to Curbside’s service or to Curbside’s business and may receive promotional messages, newsletters, marketing and other information (which may include information about Curbside’s affiliates’ and partners’ campaigns and services) potentially of interest based on the user’s stated communication preferences.
  • Other Notices: User emails or mobile phone numbers may be used to provide notice of changes to this Privacy Notice or to any terms of use applicable to the service, to contact users about their use of the Curbside app, or to reply to any support issues or other questions.
  • Rakuten ID Services: Companies in the Rakuten Group (including Curbside) share user information for purposes of participating in the Rakuten ID service. As noted above, Rakuten ID is a unified ID program and a single login and sign-on function that allows users to connect to the services offered by the Rakuten group companies participating in the Rakuten ID program (the “Rakuten ID Service”), without having to create a new account for each service or company.
    • This service is collectively provided by the Rakuten ID Service. This section describes how the parties collectively process personal information for the Rakuten ID, how we use and protect this information, and your rights in relation to this data, according to applicable laws.
    • The data may be collected either directly from you through the service you register with or may be shared with another Rakuten service if you connect to it through log in.
    • The Rakuten ID Services collect the following Rakuten User Data, and use that data in the following ways:
      • Authentication and account administration: Rakuten ID Services use Rakuten User Data such as user names, passwords, and email addresses to authenticate user identities when they log into the Rakuten ID Services in order to access and administer their account information.
      • Rakuten ID Services: Rakuten User Data such as name, email, and phone number is used to enable user access across the Rakuten ID Services, and to provide users with a convenient user experience.
      • Rakuten ID Service Improvement: Rakuten ID Services use usage data and error reports to improve the technical functionality and availability of the Rakuten ID Services and for analysis and improvement of the usage and functionality offered to users.
      • Analytics and Personalization: Rakuten ID Services may use Rakuten User Data for analytics to develop and improve the Rakuten ID Services for all users based on legitimate interest, and to personalize each your experience.
      • Marketing: Rakuten ID Services may contact users (with their consent) via email or text message with marketing and offers relating to products offered by the Rakuten ID Services participating in the Rakuten ID Services.
      • Compliance and Safety: Rakuten ID Services will use Rakuten User Data when required to comply with legal obligations to which the Rakuten Group is subject, to cooperate with regulators and legal requests or demands, and for security purposes such as fraud prevention.
      • Parent Company Communications: Rakuten ID Services share Rakuten User Data with Rakuten, Inc., for service improvement, compliance, and security purposes, and to permit Rakuten, Inc., which will independently decide how best to protect the Rakuten Group and Rakuten ID Services, and how to maximize the efficiency of the Rakuten ID.
      • Other Rakuten ID Services: Other Rakuten ID Services and their affiliates may request Rakuten User Data from users, or request access to Rakuten User Data via the Rakuten ID Services; any information that a user agrees to provide will be governed by the privacy policies of these other companies, and not by this Privacy Notice.
      • Service providers and Business Partners: Rakuten ID Services may also share your personal information with the Rakuten ID Services, as mentioned above, as well as with service providers and business partners that perform business operations for Rakuten ID Services or on their behalf.

Additional Disclosures of Information

Curbside may disclose your personal information if we determine that we are required to do so:

  • To comply with applicable laws, or with legal process served on us;
  • To protect or defend our rights or the rights of any of our users or business partners;
  • To enforce our terms of use or other agreements; or
  • To protect anyone’s rights, property or safety.

Curbside may share your Personal Information with any third-party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your Personal Information uses it in a manner that is consistent with this Privacy Notice.

Cookies

From time to time, Curbside may use the standard “cookies” feature of major browser applications (or similar features in mobile apps), which allows Curbside to store a small piece of data on a user’s computer or mobile device about their use of the Curbside products and services. Cookies may help Curbside to understand which aspects of the Curbside products and services. are useful and which aspects may need improvement. The cookies that Curbside uses are sometimes called “first-party cookies,” and there are two varieties of first-party cookies – session cookies and persistent cookies. A session cookie is stored in temporary memory on a device, is not retained after a user’s browsing session ends and does not collect information from the user’s device. A persistent cookie remains in the browser’s sub-folder after the user closes their browser, is activated again once the user visits the online location that created the particular cookie, and remains for the duration period set within the cookie’s file. Users can review their web browser “Help” file to learn how to modify cookie settings; if, however, a user deletes, or chooses not to accept, cookies from Curbside products and services., that user may not be able to use the features of the Curbside Service to their fullest potential. Promotions, advertisements or other third-party content displayed on Curbside products and services. may also contain cookies, and Curbside does not have access to or control over information collected by outside advertisers when a user clicks on any such promotions or advertisements.

“Do Not Track” Feature Not Available

Curbside understands that some users may have enabled a “do not track” feature or other mechanism intended to provide consumers with a choice regarding the collection of their personally identifiable information; however, consistent with Curbside’s rights under applicable law, Curbside and the Curbside does not respond to any such "do not track" requests or other signals sent from a web browser.

Notice Concerning Children

The Curbside app and the Rakuten ID Services are not intended for children under the age of 13. Therefore, Curbside does not knowingly collect Personal Information via the Curbside app or Curbside website from anyone under 13. Any user that believes that Curbside has in its database the personal information of a child under the age of 13 should contact Curbside at [privacy@curbside.com] or by mail at 800 Concar Drive, Suite 175, San Mateo, CA 94402, ATTN: Privacy Policy/Legal so that, if necessary, Curbside can have such information removed.

Your legal rights over your personal information:

Where allowed under local law, you may have the right to submit a request for access to the data we hold about you. Further, Curbside will correct inaccurate or out-of-date information about you at your request or when we become aware of the error. You can request that your data be made available for you to download or otherwise export as well. Finally, you may request that Curbside delete certain data we hold about you, except for the following situations:

  • you have ongoing matter with Curbside’s customer service or technical administrator personnel.
  • retention is required by the law or for enforcement purposes

To exercise your rights under your applicable local law, please contact privacy@curbside.com or by mail at 800 Concar Drive, Suite 175, San Mateo, CA 94402, ATTN: Privacy Policy/Legal. Curbside will respond to your request within a reasonable timeframe in accordance with the applicable law. Please note that deletion of your Rakuten ID will delete all your Rakuten accounts within the Rakuten ID Service. Please indicate if you wish to delete all accounts or, if you only wish to delete your account with one service, which service you wish to have deleted. You may exercise your rights with respect to each separate Rakuten Group company or service for which you have registered.

Your California Privacy Rights

If you are a California resident, you may request a list of all third parties to which we have disclosed certain Personal Information during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want to obtain such a list, please contact us at privacy@curbside.com or by mail at 800 Concar Drive, Suite 175, San Mateo, CA 94402, ATTN: Privacy Policy/Legal and ensure to include the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code.

Information Security and Storage

Curbside has implemented technical and organizational measures to provide a level of security appropriate to the risk to the Personal Information that Curbside processes. These measures are aimed at preserving the ongoing integrity and protecting the confidentiality of users’ Personal Information. Curbside evaluates these measures on a regular basis to confirm that it continues to maintain and apply an appropriate level of security.

Retention

We will keep your personal information for as long as we have a relationship with you, and for as long as is necessary to maintain our products and services thereafter. We will delete data as it becomes unnecessary to retain it for these purposes, except that we will subsequently retain your personal information after this time only if we are required to do so to comply with the law, or if there are outstanding claims or complaints that will reasonably require your personal information to be retained.

International Data Transfers

Your personal information may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for personal information. In that case, we put in place adequate measures to ensure the protection of your personal information in accordance with the applicable laws.

As part of the Rakuten Group, Curbside relies on the Rakuten Group Binding Corporate Rules to legitimize international data transfers within the Group. The Rakuten Group Binding Corporate Rules can be found at https://corp.rakuten.co.jp/privacy/en/bcr.html.

Changes to this Privacy Notice

We may revise this Privacy Notice from time to time — e.g., to keep up with changes in the law, or to reflect changes in how we are doing business — and so you should review this Privacy Notice periodically to make sure you are ok with our current privacy practices.

If we change this Privacy Notice, we will notify you of the changes. The Curbside website and app will always include our most up-to-date Privacy Notice, and we include an effective date at the top of the Privacy Notice, so you can quickly see when we last updated it.

Where changes to this Privacy Notice will have a fundamental impact on the nature of the processing or otherwise may have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights.

Contact Us

Our Privacy Office can be contacted at: privacy@curbside.com

You can also reach us by U.S. Mail at:

Curbside, Inc.

Attention: Privacy Policy/Legal

800 Concar Drive, Suite 175

San Mateo, California 94402, USA