AchieveMint Terms & Privacy Policy

Terms & Conditions

The Activity Exchange Inc., dba AchieveMint, ("AchieveMint" provides the www.achievemint.com (the "Site") as well as certain mobile applications and websites (certain "Mobile Apps") which allows you to access AchieveMint's health rewards program (the "Program"). The Program can also be accessed through approved third-party websites and applications (through "AchieveMint Partners"). Please review these Terms of Use (these "Terms") and Privacy Policy (the "Privacy Policy") carefully, because they govern your use of the Site and the Program. To make these Terms easier to read, the Site, the Program, Mobile Apps, and all related services provided by AchieveMint are referred to collectively herein as the "Services."

Agreement to Terms

Your permission to access and use AchieveMint's Services is conditioned upon your agreement to be bound by these Terms and the Privacy Policy. If you do not agree to be bound by these Terms and the Privacy Policy, then you do not have permission to access or use the Services. By clicking "I Accept" checkbox below, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms.

Changes to Terms or Services

AchieveMint reserves the right to modify or terminate these Terms, at any time, without prior notice, and at AchieveMint's sole discretion. If AchieveMint modifies these Terms, AchieveMint will inform you of such modifications by posting the modified version of the Terms (the "Modified Terms") on the Site. AchieveMint may also, at its sole discretion, notify you of Modified Terms through direct communication, such as by email or account notifications. It is important for you to review Modified Terms, because your continued use of the Services after AchieveMint has posted the Modified Terms will indicate that you agree to be bound by such Modified Terms. If you don't agree to be bound by any posted Modified Terms, your permission to access and use the Services will be revoked and you agree to thereafter cease all access to and use of the Services and to terminate your Account (defined below). Because AchieveMint's Services continue to evolve over time, AchieveMint may change or discontinue all or any part of the Services. AchieveMint reserves the right to make such changes or discontinuations at any time, without prior notice, and at or sole discretion.

Who May Use the Services

You may use the services only if you are 13 years or older and not barred from using the Services by applicable law. The Program and Services are maintained for the benefit and participation of individual Account holders (each a "Member") only, and each Member may maintain only one Account. Duplicate Accounts will be subject to cancellation. In order to redeem Rewards, you must be a current resident of the United States.

Account Registration

If you want to use certain features of the Services, you will need to create an AchieveMint account (an "Account"). You can do this via the Site, through many of our AchieveMint Partners' websites and applications, and through certain third-party social-networking services, such as Facebook or Twitter (certain "SNS Accounts"). If you choose the SNS Account option, AchieveMint will create your Account by extracting certain personal information from your SNS Account, such as your name, email address, and other personal information that your privacy settings on the SNS Account permit AchieveMint to access.

It is important for you to provide AchieveMint with accurate, complete, and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If you do not, AchieveMint reserves the right and may choose to suspend or terminate your Account. You agree not to disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You will be responsible for all access and activity that occurs through your Account, whether you know of or have authorized such activity.

Feedback

AchieveMint welcomes feedback, comments, and suggestions for improvement to the Services ("Feedback"). You can submit Feedback by emailing AchieveMint at info@achievemint.com or through your Account. You hereby grant AchieveMint a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Content and Content Ownership

For the purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials; "AchieveMint Content" means any Content that is posted, generated, provided, or otherwise made available by AchieveMint through the Services; "User Content" means any Content that you provide to AchieveMint or AchieveMint Partners through access to or use of the Services.

AchieveMint does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights you may have to use and exploit your User Content. Subject to the foregoing, AchieveMint and its licensors exclusively own all right, title, and interest in and to the Services and AchieveMint Content, including all associated intellectual property rights. You acknowledge that the Services and AchieveMint Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

Achievement Content License

Subject to your compliance with these Terms, AchieveMint grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download, view, copy, display, and print the AchieveMint Content, solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or AchieveMint Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AchieveMint or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content License

By making any User Content available through the Services you agree to and hereby grant AchieveMint a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display and perform, and distribute your User Content (i) in connection with operating and providing the Services and AchieveMint Content to you and (ii) to third parties, as instructed or requested by you.

You are solely responsible for your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content granted under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by AchieveMint on or through the Services will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Rights and Terms for Mobile Apps

Mobile App License Grant and Restrictions. Subject to your compliance with these Terms and any supplemental terms supplied with Mobile Apps, AchieveMint grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Mobile App on a mobile device or computer that you own or control and to run such copy of the Mobile App solely for your own personal non-commercial purposes. AchieveMint reserves all rights in and to the Mobile App not expressly granted to you under these Terms. You may not: (i) copy, modify, or create derivative works based on the Mobile App; (ii) distribute, transfer, sublicense, lease, lend, or rent the Mobile App to any third party; (iii) reverse engineer, decompile, or disassemble the Mobile App; or (iv) make the functionality of the Mobile App available to multiple users through any means.

Additional App Provider Terms. If you download a Mobile App through or from any app store or distribution platform where the Mobile App is made available (any "App Provider"), such as the Apple App Store or Google Play, then you acknowledge and agree that:

The Terms are concluded between you and AchieveMint, not with the App Provider, and that AchieveMint is solely responsible for the Mobile App;

The App Provider has no obligation to furnish any maintenance or support services with respect to the Mobile App;

In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price (if any) for the Mobile App to you and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Mobile App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to the any warranty will be the sole responsibility of the client.

The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including but not limited to: (i) product liability claims; (ii) any claims that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes a third party's intellectual property rights, AchieveMint will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms.

The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Mobile App, and, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Mobile App against you as a third-party beneficiary thereof.

You must comply with all applicable third-party terms of service when using the Mobile App.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Mobile App, nor any technical data related thereto, nor any direct product thereof is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations. By using the Mobile App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

General Prohibitions

You agree not to do any of the following: (i) send or provide any illegal content through the Services; (ii) use, display, mirror or frame the Services, or any individual element within the Services, any AchieveMint trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, (iii) access, tamper with, or use non-public areas of the Services, AchieveMint's computer systems, or the technical delivery systems of AchieveMint's providers, (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the Services or the AchieveMint Content; (v) use Services or the AchieveMint Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms; (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or the Content; (vii) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (viii) violate any applicable law or regulation; or (ix) encourage or enable any other individual to do any of the foregoing.

Enforcement Rights

Although AchieveMint is not obligated to monitor access to use of the Services or AchieveMint Content or to review or edit any Content, AchieveMint reserves the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. AchieveMint reserves the right, but are not obligated to remove or disable access to any Content, at any time and without notice, including, but not limited to, if AchieveMint, at its sole discretion, considers any Content to be objectionable or in violations of these Terms. AchieveMint has the right to investigate violations of these Terms or conduct that affects the Services. AchieveMint may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. AchieveMint provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk rising from your use of any third-party websites or resources.

Program Participation

Program Rules. Accounts, memberships in the Program, and promotions, benefits, awards, and rewards provided thereunder (and "Program Benefits") are offered at the discretion of AchieveMint and its affiliates, and AchieveMint has the right to terminate your Account, the Program, and any Program Benefits, and to change any terms, conditions of participation, rules, regulations, policies, and procedures that AchieveMint adopts to govern the Program or Program Benefits (any "Program Rules"), in whole or in part, at any time, without notice, even though such changes may affect the value of Program Benefits or program points obtained through use of the Services (or "Program Points") already accumulated. You are responsible for remaining knowledgeable as to the Program Rules which are published on the Site. AchieveMint may, among other things, withdraw, limit, modify, or cancel any Program Benefits, increase the Program Points required for any Program Benefits, and modify or regulate the transferability of any Program Benefits. In accumulating Program Points, you may not rely upon the continued availability of a Program Benefit and you may not be able to obtain all offered Program Benefits.

Compliance with Program Rules. Participation in the Program is subject to any Program Rules that AchieveMint may, at its sole discretion, adopt from time to time. AchieveMint has the sole right to interpret and apply the Program Rules. Any failure to follow Program Rules, abuse of the Program, or misrepresentation of any information furnished to AchieveMint or AchieveMint Partners by you or anyone acting on your behalf may result in the termination of your Account and the cancellation of accrued Program Points, Program Benefits, or both.

Program Points and Program Benefits. The Program is generally structured to permit you to exchange Program Points for Program Benefits. The accumulation of Program Points and the redemption of such Program Points are subject to the specific Program Rules enacted by AchieveMint. You are responsible for reading the materials made available to you regarding the Program, Program Rules, and Program Points in order to understand your rights and responsibilities under the Program. Only Members are eligible to accrue Program Points in the Program by availing themselves of the means of accrual recognized under the Program. A member may not accrue Program Points for the utilization of the Services by any other person, animal, object, or entity. Program Points can only be accrued through methods of accrual offered after your creation of an Account. If AchieveMint improperly denies you an accrual of Program Points or a Program Benefit, AchieveMint's sole liability will be limited to the equivalent of the those Program Points or that Program Benefit. AchieveMint reserves the right to make Program Benefits and promotional offers selectively available to certain Members, at any time, based upon geographic locations, Program participation, or other factors determined at AchieveMint's sole discretion. You are responsible for ensuring that your Program Points are properly credited. Program Points accrued in your Account will be maintained until those Program Points are redeemed or your Account is terminated, whichever occurs first. The accumulation of Program Points does not entitle you to any vested rights with respect to Program Benefits or the Program.

Program Benefit Redemption. The Program Benefits available and the amount of Program Points necessary to redeem each Program Benefit will be set by AchieveMint and be made available to you on the Site. Certain Program Benefits may be subject to tariffs, taxes, or other required fees. If so, you will be notified of such required fees at the time of redemption and you will be responsible for paying any such required fees. The number of Program Points required to redeem any award may be increased, a Program Benefit may be withdrawn, and restrictions may be placed on any Program Benefit or its redemption by AchieveMint at any time.

Audit Rights. AchieveMint reserves the rights to audit any and all Accounts at any time and without notice for compliance with the Program Rules. In the event such an audit reveals discrepancies or possible violations, the processing of Program Benefit redemption requests may be delayed pending completion of the audit.

Prohibition on Transfer of Program Points and Program Benefits. No Program Points or Program Benefits earned or granted under the Program may be transferred or assigned except as expressly permitted by AchieveMint in writing. Accrued Program Points do not constitute property of the member. Neither accrued Program Points nor accrued Program Benefits are transferable (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law. The sale or barter of any Program Points or Program Benefits, other than as authorized by AchieveMint in writing, is expressly prohibited. Any Program Points or Program Benefits that are transferred, assigned, or sold in violation of the Program Rules may be confiscated or cancelled. The use of Program Points or Program Benefits that have been acquired by purchase, barter, or other conduct in violation of the Program Rules may result in Account termination and cancellation of accrued Program Points and Program Benefits.

Program Partners. Some Program Benefits are provided by sponsors and promotion partners of AchieveMint. These partners are independent entities and AchieveMint is not responsible for the nature or quality of products or services provided by those partners. AchieveMint shall have no liability for withdrawal from the Program by such partners or for Program Benefit changes or cancellations caused by such partner withdrawals, or discontinued service by partners.

Termination

AchieveMint may terminate your Account and access to and use of the Services, at its sole discretion, at any time, and without notice to you. You may cancel your Account by accessing and selecting to terminate your Account through the Site. Upon any termination, discontinuation, or cancellation of Services or your Account the following provisions will survive: "Feedback," "Content and Ownership," "User Content License," "Termination," "Disclaimers," "Limitation of Liability," "Dispute Resolution," and "General Terms."

Disclaimers

THE SERVICES AND ACHIEVEMINT CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ACHIEVEMINT EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ACHIEVEMINT MAKES NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

Limitation of Liability

NEITHER ACHIEVEMINT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ACHIEVEMENT CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPEICAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR ACHIEVEMINT CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACHIEVEMINT HAS BEEN INFORMED THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL ACHIEVEMINT'S TOTAL LIBALITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LARGER OF THE AMOUNTS YOU HAVE PAID TO ACHIEVEMINT FOR USE OF THE SERVICES OR ACHIEVEMINT CONTENT AND ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGE SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACHIEVEMINT AND YOU.

Dispute Resolution

Governing Law. These Terms and any action related thereto will be governed by the law of the State of California, without regard to its conflict of laws provisions.

Agreement to Arbitrate. You and AchieveMint agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, AchieveMint Content, or User Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ACHIEVEMINT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and AchieveMint otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of the "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive termination of these Terms.

Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this "Dispute Resolution" section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration, as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential finding and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. AchieveMint will not seek and hereby waives all rights it may have under applicable law to recover attorneys' fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, AchieveMint will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure).

Changes. Notwithstanding the provision of the "Changes to Terms or Services" section above, if AchieveMint changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending AchieveMint a written notice (including by email at info@achievemint.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of any AchieveMint email that may be submitted to you to provide notice of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and AchieveMint in accordance with the provisions of the "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms. With the exception of any supplemental terms that may apply to Mobile Apps, these Terms constitute the entire and exclusive understanding and agreement between AchieveMint and you regarding the Site, Services, and the Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AchieveMint and you regarding the Services and the AchieveMint Content. You may not assign or transfer these Terms, by operation of law or otherwise, without AchieveMint's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The failure of AchieveMint to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that or any other right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AchieveMint. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Privacy Policy

The Activity Exchange Inc., dba AchieveMint, ("AchieveMint" or "we") publish this Privacy Policy to inform you of its practices regarding the collection, use, and disclosure of information we collect or receive when you use our Services (as defined in AchieveMint's Terms of Use, accessible at http://www.achievemint.com/terms). Please note that, unless explicitly defined in this Privacy Policy, all capitalized words used herein have the meaning assigned to them in the Terms of Use. This Privacy Policy applies to only those websites, services, and application included within the Services and does not apply to any third-party websites, services, or applications (including those of AchieveMint Partners), even if accessible through the Services.

How does AchieveMint collect and use information?

Our primary purposes for collecting information are to provide and administer the Services to you and to improve the Services and your user experience.

Account Information. When you create an Account, we will collect certain information that can be used to identify you, such as your name, emails address, postal address, or phone number (certain "Personally Identifiable Information" or "PII"). If you create your Account using an SNS Account, we'll extract certain PII from your SNS Account, such as your name, email address, and other personal information that your privacy settings on the SNS Account permit us to access. We may also collect certain information that is not classified as PII because it cannot, by itself, be used to identify you, such as your gender, date of birth, health and performance goals, and zip code.

Demographic and Performance Information. We may collect certain demographic information, such as age, weight, and gender (certain "Demographic Information"), and certain performance information, such as goals set and progress towards those goals (certain "Performance Information"). Some Program Benefits may be dependent upon your Demographic Information or Performance Information and we may use such information in providing Services and Program Benefits to you. We may collect information that helps us confirm the Performance Information provided.

Information Collected Using Cookies. We collect certain information through the use of "cookies," which are small data files that are saved by your browser when you access our Services. We may use both session cookies and persistent cookies to assist with managing your Account login and logout, and to provide use with your preferences when interacting with the Services. We may also use cookies to monitor aggregate usage, traffic, and routing of our Services, to customize our Services, and to improve user experience. Unlike persistent cookies, session cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept cookies, you can change your browser preferences to stop automatic acceptance of cookies or to prompt you before accepting cookies. Please note, however, that if you don't accept cookies from us, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own cookies on your browser. Note that this Privacy Policy covers only our use of cookies and does not include the use of cookies by such third parties.

Information Related to Use of the Services. Our servers automatically record certain information about how Account holders and non-Account holders (either "Users") use our Services (certain "Log Data"). Log Data include may include information such as a User's Internet Protocol (IP) address, browser type, and operating system, the websites and pages visited by a User before, during, and after accessing the Services, the website or application used to access the Services, the Services features used and duration of use, the time spent browsing on Services pages, the search terms used, the Services links clicked on and other statistics relating to a User's use of the Services. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to improve and enhance the Services by expanding their features and functionality and tailoring them to our Users' needs and preferences. We may use a person's IP address to fight spam, malware and identity theft. We also use the IP Address to generate aggregate, non-identifying information about how our Services are used.

Location Information. In some cases we collect and store information about where you are located, such as by converting your IP address into a rough geolocation. We may use location information to improve and personalize our Services for you.

What Information Do We Share With Third Parties?

We will not share any PII that we have collected from you except as described below:

Information Shared with Our Services Providers. We may engage third party service providers to work with us to administer and provide the Services. These third-party services providers have access to your PII only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.

Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling, and other similar purposes.

Information Disclosed to AchieveMint Partners. Your may access the Services through AchieveMint Partners' websites and applications. In such cases, providing and administering the Services may require that we share user identification, such as a logon name, associated with your Account with such AchieveMint Partners. We will not share PII with Achieved Partners without first obtaining your consent.

Information Disclosed to Sponsors and Business Partners. Taking advantage of certain Program Benefits provided through the Services may require that we share certain aggregated information with sponsors and promotion partners involved in Program Benefits. Neither your PII, nor individual Demographic Information, nor Performance Information will be shared with such sponsors and promotion partners.

Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others. It is our policy to protect you from having your privacy violated through abuse of the legal systems, whether by individuals, entities or government, and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation, or legal process or to respond to lawful requests, including subpoenas, warrants, and court orders; (ii) to protect our property, rights, and safety and the rights, property, and safety of third parties or the public in general; and (iv) to prevent or stop activity we consider to be illegal or unethical.

We Disclose With Your Consent or at Your Request. We will share your PII with third-party sites or platforms, such as social networking sites, if you have expressly requested that we do so.

The Security of Your Information

We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

Links to Other Sites

Our Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that party's privacy policy. Our Privacy Policy does not apply to such websites or services and we're not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access.

Modifying Your Information

You can access and modify the PII associated with your Account by editing your profile in your account. If you want us to delete your PII and your Account, please contact us with your request at info@achievemint.com or through accessing your Account on the Site. We'll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.

International Transfer

Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you're located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. (or any other country in which we operate). Your submission of PII using the Services represents your agreement to such transfer.

Our Policy Toward Children

Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.

Changes to Privacy Policy

Any information that we collect is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we'll notify you of such changes by posting them on the Site. We may also notify you by sending you a direct communication, such as by email or Account notifications.

Questions?

If you have any questions about this Privacy Policy, please contact us at info@achievemint.com.