Terms & Conditions

Read our Terms & Conditions, Privacy Policy, and GDPR & CCPA FAQs

jebbit dots bluejebbit dots blue

Terms and Conditions

1. Access and Use of the Platform

(a) Subject to these Terms and Conditions, and the applicable Order Form, Jebbit hereby grants Customer the limited license to access the Platform solely to implement Customer’s Experiences during the Term. Customer shall not operate campaigns or otherwise provide or resell services to any third party through the Platform. Customer shall not, directly or indirectly, reverse engineer, manipulate, alter, copy, modify or interfere with the operation of the Platform. In addition, Customer shall promptly notify Jebbit if Customer suspects that any third party may be tampering with, abusing or manipulating the Platform.

(b) Jebbit shall provide Customer with access to Jebbit’s customer web interface available via the Platform (the “Customer Portal”) using login and password credentials assigned to Customer by Jebbit (“Login Credentials”). Customer may utilize the Customer Portal to design, deploy, and manage its campaigns directed to consumers (each an “Experience”) and to obtain information regarding the progress of its Experience(s).

(c) Customer shall protect the security and confidentiality of its Login Credentials and Customer acknowledges and agrees that all actions performed through the Customer Portal with use of the Customer’s Login Credentials are Customer’s sole responsibility, and Jebbit shall have no liability for unauthorized use of Customer’s Login Credentials by third parties.

(d) All Experiences are subject to Jebbit’s review and approval.

 

2. Customer Content:

Customer hereby grants Jebbit a non-exclusive, royalty-free, worldwide license to use, copy, distribute, display and/or modify all trademarks, logos, and works of authorship provided by Customer (“Customer Content”) in connection with Jebbit’s provision of access to the Platform, the Experiences, or any Additional Services.

3. Data Collection and Use:

(a) Customer, and not Jebbit, is responsible for determining the nature and type of information collected from End Users within an Experience. At the conclusion of each Experience, Customer shall have the ability to import from the Platform all information about End Users derived from an Experience (“End User Data”). Customer shall own all End User Data. Customer hereby grants to Jebbit a worldwide, non-exclusive, perpetual, royalty-free license to (i) process the End User Data for the purpose of executing Experiences; (ii) utilize the End User Data to improve its products and services, and (iii) disclose the End User Data to third parties in aggregate and anonymized form. 

(b) Customer acknowledges and agrees that all Experiences shall be subject to the terms set forth in Customer’s privacy policy (“Customer’sPrivacy Policy”), which must: (i) provide notice to End Users that End User Data collected through Experiences may be shared with third parties for marketing purposes, and (ii) be at all times accessible to End Users through a prominent link within the Experience.

(c) All End-User Data shall be stored in Amazon Web Services, and Jebbit shall not be liable for the security of the End User Data in AWS.

4. Additional Services:

From time to time during the Term, Customer may request that Jebbit perform consulting or design or configuration services in connection with Customer’s Experience(s) (“Additional Services”). The scope and Fees for such Additional Services shall be mutually agreed to by the parties and set forth in an Order Form. The results and proceeds of any Additional Services (“Results and Proceeds”) will remain owned by Jebbit, and Jebbit hereby grants Customer a non-exclusive, royalty-free, worldwide license to use, copy, distribute, display and/or modify the Results and Proceeds solely in connection with the Experiences, on the Platform, during the Term.

5. Fees and Payments:

(a) The Platform is made available to Customer on a subscription basis, All fees payable to Jebbit hereunder (“Fees”), and the payment terms therefor, shall be set forth in an Order Form. Unless otherwise set forth in an Order Form, the Fees will increase annually by an amount no greater than the cumulative increase in the Consumer Price Index during the preceding year plus 5%.

(b) If Customer fails to pay the Fees when due, Jebbit shall be entitled to suspend Jebbit’s provision of Services, or Customer’s access to the Platform, until such Fees have been paid.  In addition, Jebbit may charge a late fee on all past due amounts at the rate of 1.5% per month, or the maximum rate permitted by law.

6. Publicity:

Subject to its confidentiality obligations hereunder, Jebbit may disclose that Customer is a customer of Jebbit in any format, whether online or offline, and Jebbit may elect to develop a case study based on the successful results of any Experiences hereunder, which it may share with potential and current customers. Customer hereby grants Jebbit the right to display Customer’s name and logo, in connection therewith.

7. Representations and Warranties; Disclaimers:

(a) Each party represents and warrants to the other party that: (i) it has the power and authority to enter into and perform its obligations under this Agreement; (ii) it currently has no restrictions that would impair its ability to perform its obligations under this Agreement; and (iii) it shall comply with all applicable federal, state and local laws and regulations.

(b) Customer further represents and warrants to Jebbit that (i) excluding any material provided by Jebbit, no part of Customer’s Experiences, including any Customer Content, shall infringe on the intellectual property or other proprietary rights of any third party, nor violate any applicable law or regulation; and (ii) End User Data shall only be collected and used in accordance with all applicable laws and regulations and as provided in Customer’s Privacy Policy.

(c) EXCEPT FOR THE FOREGOING, THE PLATFORM IS PROVIDED “AS IS”, AND JEBBIT MAKES NO WARRANTY OF ANY KIND AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. JEBBIT MAKES NO WARRANTY OR GUARANTY OF ANY KIND OF CONTINUOUS OR UNINTERRUPTED USE OF THE PLATFORM, OR RESULTS OF ANY CUSTOMER EXPERIENCES.

8. Indemnification:

(a) Jebbit shall defend Customer and its officers, directors and affiliates (collectively, “Customer Indemnitees”) from and against any claim, demand, suit, or proceeding made or brought against Customer by a third party (“Claim”) alleging that the Platform infringes that third party’s U.S. intellectual property; and Jebbit shall indemnify the Customer Indemnitees from and against any damages finally awarded against, and reasonable attorney's fees incurred by, Customer in connection with any such Claim that are specifically attributable to such Claim, or those costs and damages agreed to in a monetary settlement of such Claim (“Liabilities”).

(b) Customer shall defend Jebbit and its officers, directors and affiliates (collectively, “Jebbit Indemnitees”) from and against any Claim arising from (i) Customer’s use of the Platform, including without limitation, the conduct of any Experiences, (ii) the Customer Content , (iii) Customer’s collection and use of End User Data, and (iv) the negligence or willful misconduct of Customer; and Customer shall indemnify the Jebbit Indemnitees for any Liabilities.

(c) The party seeking indemnification hereunder (the “IndemnifiedParty”) shall promptly notify the other party (“Indemnifying Party”) of any loss, claim, damage, liability or action in respect of which the Indemnified Party intends to claim indemnification hereunder, and no later than thirty (30) days after the Indemnified Party receives notice of such (including a copy of any claim or lawsuit); provided, however, that failure to provide such notice within such timeframe shall not relieve the Indemnifying Party of its indemnification obligations unless the Indemnifying Party was materially prejudiced by such late notice. The Indemnifying Party shall be entitled, at its option, to exercise sole and exclusive control of the defense and settlement of any claim for which it is obligated to provide indemnification hereunder.  The Indemnified Party shall reasonably cooperate in the investigation, defense and settlement of any claim for which indemnification is sought hereunder.  An Indemnified Party shall have the right to retain separate legal counsel at its own expense.

9. Confidentiality:

(a) Each party agrees that all business, technical and financial information it obtains from the other party that may reasonably be expected by the disclosing party to be considered confidential (“Confidential Information”) is the confidential property of the disclosing party. Except as expressly allowed herein or as required by law, regulation or court order, the receiving party shall hold in confidence and not use or disclose any Confidential Information of the disclosing party. Each party shall be deemed to have met its obligations hereunder if it treats the other party’s Confidential Information with the same degree of confidentiality it affords its own sensitive business information, but no less than a reasonable standard of care.

(b) The confidentiality obligations herein shall not apply to information the receiving party can document: (i) is or has become readily publicly available without restriction through no fault of the receiving party or its employees or agents; (ii) is received without restriction from a third party lawfully in possession of such information; (iii) was rightfully in the possession of the receiving party without restriction prior to its disclosure by the other party; or (iv) was independently developed by employees or consultants of the receiving party without access to such Confidential Information.

(c) To the extent the receiving party is required to disclose Confidential Information of the disclosing party by a court of competent jurisdiction, by any governmental agency having supervisory authority over the business of the disclosing party, or by any administrative body or legislative body (including a committee thereof) with jurisdiction to order the receiving party to divulge, disclose or make accessible such information; the receiving party shall have the right to disclose such Confidential Information; provided that, the receiving party shall (i) promptly notify the disclosing party of such order (to the extent permitted under applicable law or regulation), (ii) at the written request of the disclosing party, cooperate with the disclosing party to contest such order at the sole expense of the disclosing party, (iii) at the written request of the disclosing party, seek to obtain at the sole expense of the disclosing party such confidential treatment as may be available under applicable laws for any information disclosed under such order; and (iv) disclose only such Confidential Information as is reasonably required to be disclosed.

10. Limited Liability:

EXCEPT FOR A PARTY’S INDEMNIFICATION OR CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY FOR (I) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) ANY DIRECT DAMAGES IN AN AMOUNT IN EXCESS OF THE TOTAL FEES PAID BY CUSTOMER PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION AROSE.

11. Term and Termination:

(a) Unless otherwise set forth in the applicable Order Form, the term of the Agreement shall be 2 years from the Effective Date (“Initial Term”).

(b) Unless otherwise set forth in the applicable Order Form, upon expiration of the Initial Term, the Agreement shall automatically renew for additional 2-year periods, unless Customer provides written notice to Jebbit of its intent not to renew no later than 60 days prior to the expiration of the then-current Term (each a “Renewal Term”). The Initial Term and all Renewal Terms shall be deemed the “Term”.

(c) In the event of a material breach of this Agreement by a party, the non-breaching party may terminate this Agreement by delivery of written notice of termination to the breaching party; provided, however, that the breaching party shall have thirty (30) days from receipt of notice of the breach from the non-breaching party to cure such breach.

12. General Terms:

(a) All legal notices in connection with this Agreement shall be deemed given when personally delivered, upon delivery via overnight courier (e.g., FedEx), or certified or registered, return receipt requested, and addressed as set forth above, or such other address as such party last provided to the other by written notice.

(b) This Agreement and the rights, obligations and licenses herein, shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. Neither party may assign this Agreement in whole or part without the prior written consent of the other party except that either party may assign this Agreement without consent in connection with a merger, reorganization or sale of all or substantially all of a party’s assets or outstanding capital stock.

(c) This Agreement, including the Terms and Conditions, all Order Forms, and all exhibits or appendices, contains the entire understanding of the parties regarding its subject matter and supersedes any and all other agreements and understandings, whether oral or written, with respect to the subject matters covered herein. No changes or modifications or waivers to this Agreement shall be valid unless evidenced in writing and signed by both parties.

(d) If any portion of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, that portion shall be restated, eliminated or limited to the minimum extent necessary so that this Agreement shall reflect as nearly as possible the original intention of the parties and the remainder of this Agreement shall remain in full force and effect.

(e) This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the conflicts of laws provisions thereof.

(f) Any dispute, controversy or claim arising out of or relating to this Agreement, shall be finally settled by binding arbitration conducted in Boston, Massachusetts under the commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted by a single arbitrator jointly appointed by the parties; provided, however, that if they cannot agree within thirty (30) days after the initiation of the arbitration, then the arbitrator shall be appointed by the AAA.

Privacy Policy

Effective Date: 11/27/2021

Overview

Jebbit has developed this Privacy Policy to help you understand how we will collect, use, and share your information when you visit or interact with our site, www.jebbit.com, as as when you interact with brands, organizations, institutions, or websites that are using the Jebbit technology, services, analytics, and any other linked pages, features, content, or any other services we offer (collectively, the “Services”).

Types of Information Collected

The term “personal information” as used in this Privacy Policy refers to information that specifically identifies an individual (such as an individual’s first and last name, address, telephone number, e-mail address, credit card or other account number), and information about that individual or such individual’s activities or preferences when such information is directly linked to information that specifically identifies the individual. The Services collect personal information when you interact with it: for example when you collect rewards, subscribe for newsletters; register for membership services; respond to polls or surveys; purchase merchandise; register for sweepstakes, contests and other promotional opportunities; or seek help from our customer service departments. We also collect personal information when you purchase products or services offline. Sometimes, you will be provided with a short notice that reminds you to refer to this Privacy Policy and other relevant information from us. We will also obtain personal information from reputable third parties.

Personal information does not include “aggregate” information, which is data we collect about the use of the sites or categories of site users, from which any personal information has been removed. We collect aggregate data for a number of purposes, including improving the Service, to diagnose technical issues, to help identify user needs so that we can better consider new products and services, and to tailor existing products and services to better serve our users. This Privacy Policy in no way limits or restricts our collection, use or disclosure of aggregate information.

How We Collect and Use information

We collect the following types of information:

  • Information you provide. When you willingly provide personal information, such as your email address or phone number, in exchange for a brand offer or reward, we ask you for personal information. We combine the information you submit under your account with information from other Jebbit services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we give you the opportunity to opt out of combining such information.
  • Cookies. When you visit a Jebbit-enabled webpage, we send one or more cookies to your computer or other device. We use cookies to improve the quality of our service, including for storing user preferences, improving products and ad selection, and tracking user trends, such as how people use our services.
    Log information. When you access Jebbit services via a browser, application or other client our servers automatically record certain information. These server logs include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that uniquely identify your browser.
  • Affiliated Jebbit Services on other sites. We offer our services on or through other websites. Personal information that you provide to those sites will be sent to Jebbit in order to deliver the service. We process such information under this Privacy Policy.
  • Third Party Applications. Jebbit will make available third party applications, such as mobile applications, gadgets or extensions, through its services. The information collected by Jebbit when you enable a third party application is processed under this Privacy Policy. Information collected by the third party application provider is governed by their privacy policies.
  • Location data. Jebbit will offer location-enabled services, sometimes part of another provider, to its brands. If you use those services, Jebbit will receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID).
  • Unique application number. Certain services include a unique application number that is not associated with your account or you. This number and information about your installation (e.g., operating system type, version number) will be sent to Jebbit when you install or uninstall that service or when that service periodically contacts our servers (for example, to request automatic updates to the software).

In addition to the above, we will use the information we collect to:

  • Provide, maintain, protect, and improve our services (including advertising services) and develop new services.
  • We also engage in general profiling based on the personal information we process on behalf of the brands who use our services and use automated decision-making or profiling to help tailor the offers that you receive from them. However, this processing does not result in legal or other significant effects.

How We Share Information

Like many businesses, we sometimes hire third party vendors to perform certain business-related functions on our behalf, such as hosting specific portions of the Service, maintaining databases, delivering content, sending emails, administering contents, mailing information, processing payments, or otherwise operating the Services. When we employ a third party vendor to perform these functions, that third party vendor will only be provided with the particular personal information or aggregate information it needs to perform its function, and is required to protect such Personal Data and/or Aggregate Data.

In addition, we enter into relationships with brands, advertising partners, networks who provide services to you, sell items or provide promotions to you. Jebbit can provide personal information and/or aggregate information to those partners for remarketing purposes and for monitoring performance metrics.

We share information that has been anonymized or aggregates without limitation.

Support for GDPR & CCPA

This section applies to those that visit the Services from the European Economic Area , Switzerland and the UK (Covered under GDPR) or California (Covered under CCPA)

As described in this Privacy Policy, we may obtain personal information collected through the Services from, or on behalf of, brands who use our Services. In this respect, we act as a processor for those brands, which have their own privacy policies that describe how they use information. To the extent that Jebbit is processing your personal Information on behalf of a brand in our role as a processor, please reach out to that brand directly to exercise any of your rights under local data protection laws.

Jebbit is a data controller with regard to personal information collected from individuals using our site from the above mentioned regions. This section applies to our processing of such site user personal information under GDPR and CCPA.

Lawful Basis for Processing

Jebbit processes personal information with your consent (e.g., when you agree that Jebbit may place cookies, or when Jebbit processes personal information submitted to the Services for specified purposes).

On other occasions, Jebbit may process personal information when it needs to do this to fulfil a contract (for example, for billing purposes) or where required to do this by law.

If necessary, Jebbit may also process personal information when it is in Jebbit’s legitimate interests to do this (e.g., for customer service or fraud detection) and when these interests are not overridden by your data protection rights.

Transfers of Personal Information

Please be aware that the personal information we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or other jurisdiction, where the privacy laws may not be as protective as those in your location. If you are located outside of the United States, please be advised that we process and store personal information in the United States and your consent to this privacy notice represents your agreement to this processing.

Your Rights

You have a right to the following:

  • To request access to the personal information we hold about you;
  • To request that we rectify or erase your personal information;
  • To request that we restrict or block the processing of your personal information;
  • Under certain circumstances, to receive personal information about you that we store and transmit to another without hindrance from us, including requesting that we provide your personal information directly to another, i.e., a right to data portability; and
  • Where we previously obtained your consent, to withdraw consent to processing your personal information.

To exercise these rights, see the “Contact Us” section below. Please be aware that Jebbit may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so.

Additionally, you have the right to lodge a complaint against us. To do so, contact the supervisory authority in your country of residence.

For additional information about Jebbit’s support for GDPR and CCPA – Please visit our FAQ section.

Links to Other Sites

Please note that, while using the Services, you could be directed to other sites that are developed and administered by people or companies not affiliated with or controlled by Jebbit. These other sites may place their own cookies on your computer, collect data or solicit personal information.

We suggest that when you link to another site you review that site’s privacy policy, as it may be different from this Privacy Policy. Jebbit is not responsible for the actions of those people or companies, the content of their sites, the use of information you provide to them, or any products or services they may offer. Our link to those sites does not constitute our sponsorship of, or affiliation with, those people or companies.

How We Protect Your Personal Information

Jebbit Services uses reasonable efforts to protect your personal information against unauthorized access and unauthorized alteration, disclosure or destruction.

Retention

Jebbit will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. The criteria used to determine the period of storage of personal information is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of a contract or the initiation of a contract.

Child-specific terms

Jebbit understands that children’s privacy is important. We encourage parents and legal guardians to spend time with their age-appropriate children using the Services to be fully familiar with the Service features. By using or logging into the Service, we may ask users for their age. By using or logging into the Service or related features, you agree to respond truthfully and accurately about your age.

Children Under the Age of 16: The Service is prohibited to children under the age of 16. We will not knowingly collect or use personal information from anyone under 16 years of age. Children under the age of 16 years of age are expressly prohibited from submitting or posting any personal information on the Service.

Changes to this Privacy Policy

We may change this Privacy Policy at any time. We will post all changes to this Privacy Policy on this page and will indicate at the top of the page the modified policy’s effective date. We therefore encourage you to refer to this page on an ongoing basis so that you are aware of our current Privacy Policy.

Contact Us

If you have any questions or suggestions regarding this Privacy Policy, please contact us in our role as controller, at support@jebbit.com

For visitors from the European Economic Area, Switzerland, UK (under GDPR), or California (Under CCPA), please our Data Protection Officer, at security@jebbit.com

GDPR

What is the General Data Protection Regulation or GDPR?

GDPR stands for the General Data Protection Regulation. The GDPR is a new European Union (“EU”) law that regulates the personal data of individuals in the EU. The GDPR harmonizes data privacy and security rules across Europe and introduces changes that require companies to update their privacy and security policies and practices.

Does the GDPR cover Jebbit’s data?

Jebbit has evaluated its services, and some of them are likely subject to the GDPR. The GDPR applies to the personal data of individuals in the EU, which is defined as any type of information that identifies or can be linked to an individual. In addition to the usual types of personal data (i.e., name, address, phone number, email), this definition can also include information such as online identifiers and any data tied to those identifiers.

What efforts has Jebbit taken to prepare for the GDPR?

We have made GDPR a priority, and have reviewed and adjusted specific practices in ways intended to meet relevant GDPR requirements. For much of the data we process, we serve as a service provider (known as a “processor” under the GDPR) and we abide by the contractual commitments we have with our customers in this capacity.

For more information on our privacy practices, please review our updated privacy policy, found above on this page.

What are Jebbit’s customers’ responsibilities under the GDPR?

Our brand, publisher, and agency customers with EU end users who offer goods or services in the EU may be required to comply with the regulation. If they fall under the Regulation, these customers must have a lawful basis for processing data, have in place measures to carry out EU data subjects’ rights requests, and provide adequate data security, among other requirements. Unfortunately, we cannot advise you as to whether you need to comply with the GDPR.    

Will Jebbit’s services change for the GDPR?

Our services will not fundamentally change due to the GDPR. However, we continuously look to improve our services and, as we make updates to our services as offered in the EU, we will do so with GDPR in mind.

CCPA FAQ

What is The California Consumer Privacy Act or “CCPA” ?

The California Consumer Privacy Act (“CCPA”) of 2018 has fundamentally changed the way brands are approaching consumer consent and its importance to doing business seamlessly across the USA. Like the EU’s General Data Protection Regulation (GDPR), CCPA necessitates changes to how brands treat consumers’ data privacy. The CCPA’s requirements will go into effect on July 1st, 2020.

In simplest terms, CCPA requires brands to enable three critical functions:

  • The right to knowledge. Consumers have the right to know:
  • What information a company is collecting about them
  • How that information will be used
  • If and with whom that information will be shared
  • The right to be forgotten – With some exceptions, companies must delete all the information they have about a consumer at the consumer’s request
  • The right to control who has access to their information – Consumers must be able to opt out of the sale of their information to third parties.

How personal information is defined

The CCPA interprets personal information broadly to include any information that “identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Crucially for marketers, this includes behavioral data from digital interactions between consumers and the brand, as well as any inferences the company draws from that data, such as a consumer’s preferences or buyer persona.

It’s also important to note that personal information does not need to be matched up with a person’s name—as long as that information can be identified as belonging to a unique individual, it doesn’t matter if the company can identify that individual by name or by another unique identifier, such as an IP address.

GDPR, CCPA and Jebbit’s compliance

Below is a summary table for the key requirements in GDPR and CCPA and the measures that Jebbit has taken to comply with both.