Terms of Service for Customers
Welcome to the E-Cupon Site. In order to use our Site, you must agree to our Terms of Use The Terms of Use are our “rules of the road” they are important and contain many legal disclosures that you should read carefully including terms of sale that apply when you buy something through the Site and other terms that specify permissible uses of the Site.
 Why all the rules? Bottom line: because we value your trust and loyalty and need a consistent set of rules to fairly, consistently and respectfully ensure that the Site is only used properly. If you have any questions about these Terms of Use email us at support@E-Cupon.net.

ACCEPTANCE OF TERMS OF USE

E-Cupon, Inc. (“E-Cupon” or “us” or “our”) operates this website, www.e-Cupon.com, the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) will be collectively referred to as the "Site" in these Terms of Use.

By using our Site and E-Cupon's services through the Site, you (“you” or, “End User”) agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsites, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY E-CUPON SERVICE OFFERED THROUGH THE SITE.

1. Permitted Uses

The Site provides an interactive online service operated by E-Cupon, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making vouchers for Merchant goods and services (“E-CUPONs”) available to its users.
E-CUPONs may be purchased by E-Cupon account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this Site, you agree that:
You are an individual person at least 18 years of age;
You possess the authority to create a binding legal obligation;
Your use of this Site will at all times comply with the terms of this Agreement;
If you elect to create an account:
You may create only one account for your personal use;
You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current, and complete.

2. Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. E-Cupon retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

3. Ownership of the Site

The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

4. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with E-Cupon and the Site while it is being transmitted. In addition, E-Cupon is not responsible for any data lost during transmission.

5. Your Conduct on our Site
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:
•    Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your E-Cupon account or in order to create multiple E-Cupon accounts;
•    Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
•    Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
•    Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by E-Cupon;
•    Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
•    Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with E-Cupon;
•    Reselling or repurposing your access to the Site or any purchases made through the Site;
•    Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of E-Cupon to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with E-Cupon, including without limitation, aggregating current or previously offered deals;
•    Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
•    Exceeding or attempting to exceed quantity limits when purchasing E-CUPONs or otherwise using any E-Cupon account to purchase E-CUPONs for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
•    Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
•    Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
•    Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
•    Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
•    Deep-linking to any portion of this Site (including, without limitation, the purchase path for any E-CUPON) without our express written permission;
Acting illegally or maliciously against the business interests or reputation of E-Cupon, our Merchants or our services; or
•    Hyperlinking to the Site from any other website without our initial and ongoing consent.

 
6. Creating an Account on our Site

If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed E-CUPONs in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your E-Cupon account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

7. Terms of Sale

E-CUPONs purchased on the Site by you as an E-Cupon account holder, are special promotional offers that you purchase from participating Merchants through our service. The E-CUPONs are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the E-CUPON. The Merchant is solely responsible for redeeming the E-CUPON. By placing an order for a E-CUPON, you make an offer to purchase the E-CUPON you have selected pursuant to the terms of this Agreement, the terms on the E-CUPON itself and any additional, deal specific terms advertising the E-CUPON at the time of purchase (the “Fine Print”). In the event of a conflict between the terms of this Agreement and the Fine Print, the Fine Print will govern.

E-Cupon is a service provider for the Merchant identified on the E-CUPON and the Merchant is the sole issuer of the E-CUPON .There are two separate parts to each E-CUPON: (a) the purchase value and (b) the promotional value. Together the purchase value and the promotional value add up to the full offer value of the E-CUPON and appears in the upper right hand corner of the E-CUPON voucher. The purchase value is the amount you pay to buy a E-CUPON. The purchase value does not expire until it is used or refunded. The promotional value is the “added” value of the E-CUPON – the amount in excess of the purchase value. The promotional value will expire by the date stated on the face of the E-CUPON unless applicable law prohibits the promotional value from expiring. For example, if you pay $20 for a E-CUPON that gets you $50 of goods or services from a Merchant, the full offer value is $50, the purchase value is $20 (and that amount dos not expire until it is used or is refunded), and the promotional value is $30 and it expires on the date stated on the E-CUPON (unless expiration of the promotional value is prohibited by law).

If the redeeming Merchant refuses to honor a E-CUPON, E-Cupon will refund the purchase value of the E-CUPON in the original form of payment, or will credit your E-Cupon account with an equivalent number of E-Cupon “Bucks” for future purchases on the Site. E-Cupon Bucks do not expire. Need a refund or have a question? Email E-Cupon at support@E-Cupon.net. Refunds may take up to thirty (30) days to process.

Purchase, use or acceptance of an E-CUPON constitutes acceptance of these Terms of Use and of any Fine Print stated on the E-CUPON. The following terms apply to all E-CUPONs, unless stated otherwise in the E-CUPON’s Fine Print or otherwise required by applicable law:

Unauthorized use, reproduction, resale, modification, or trade of E-CUPONs is prohibited.
Taxes and gratuities are not included in the value of the E-CUPON and, if applicable, may be charged to you separately by the Merchant when you redeem the E-CUPON.
If applicable, shipping and handling fees are not included in the value of the E-CUPON and may be charged to you separately by the Merchant when you redeem the E-CUPON.
The promotional value of E-CUPONs may not be combined with any other voucher, coupon, or promotion. If the promotional value of your E-CUPON has expired, you may combine the purchase value with any other voucher, coupon or promotion pertaining to the redeeming Merchant shown on the E-CUPON.
Your E-CUPONs may only be used at the Merchant named on the face of the E-CUPON and the promotional value is redeemable only toward the goods or services listed on the E-CUPON.
Use of an E-CUPON for certain services and goods - such as alcoholic beverages - is subject to applicable state and local laws.
E-CUPONs are not reloadable.
E-CUPONs are not redeemable for cash unless required by law.
E-CUPONS are transferrable but E-Cupon will refund the person who actually paid for the E-CUPON.

The Merchant is the issuer of the E-CUPON and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a E-CUPON or not. You waive and release E-Cupon and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a E-CUPON or the services/goods it provides in connection with it.

8. Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that, these changes will not apply to E-CUPONs purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and for all E-CUPONs purchased after the effective date of the change. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.

9. Copyright and Trademarks.

Everything located on or in this Site is the exclusive property of E-Cupon or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF E-CUPON IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. E-Cupon owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of E-Cupon or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

E-Cupon is a trademark of Publimerk, LLC. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with E-Cupon shall not be deemed to be in the public domain but rather the exclusive property of E-Cupon, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of E-Cupon unless otherwise stated.

You will not upload post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. E-Cupon does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted E-Cupon the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant E-Cupon the right to edit, copy, publish and distribute any material that you make available on this Site.

10. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.

E-Cupon reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide E-Cupon with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for E-Cupon’s DMCA Agent for notice of claims of copyright infringement is dmca@e-Cupon.com or 3544 North Miami Avenue, Miami, FL 33127 c/o DMCA Agent for e-Cupon, Inc


11. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER E-CUPON, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. E-CUPON HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability.
IN NO EVENT SHALL E-CUPON, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED THEREIN ORTHESE TERMS OF USE. IN NO EVENT WILL E-CUPON’S LIABILITY IN CONNECTION WITH A E-CUPON EXCEED THE AMOUNTS PAID FOR SUCH E-CUPON, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.

13. Arbitration.

We will make every reasonable effort to resolve any disagreements that you have with E-Cupon. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against E-Cupon arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any E-CUPONs, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and E-Cupon; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or E-Cupon’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, E-Cupon will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor E-Cupon shall be entitled to arbitrate their dispute.

14. End User Communications

E-Cupon in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). E-Cupon shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by E-Cupon, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, E-Cupon shall have the right, but not the obligation, to remove any material from the Communities that E-Cupon, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of E-Cupon.

15. Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

16. Public Nature of Your Statements.

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of E-Cupon’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. E-Cupon does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.

17. License Grant.

By posting Statements or other information on or through the Communities, you grant E-Cupon a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

               18.  Indemnification/Release.
You agree to defend, indemnify and hold harmless E-Cupon, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release E-Cupon from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a E-Cupon, and any conduct or speech, whether online or offline, of any other user.

19. Termination.
E-Cupon may terminate these Terms of Use at any time. Without limiting the foregoing, E-Cupon shall have the right to immediately terminate or suspend any of your passwords or accounts in the event E-Cupon considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.


20. Choice of Law.

Any disputes arising out of or related to these Terms of Use and/or any Use by you of E-Cupon’s Site or services shall be governed by the internal laws of the State of Florida, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision at Paragraph 13 shall be governed by the Federal Arbitration Act.

21. Additional Disclosures.

No waiver by either you or E-Cupon of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

Correspondence should be directed to: E-Cupon, 3544 North Miami Avenue, Miami, FL 33127.  

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at  (800) 952-5210.

The provisions of these Terms of Use apply equally to and are for the benefit of E-Cupon, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
    Privacy Statement

E-CUPON PRIVACY STATEMENT

Effective Date: July 9, 2011

This Privacy Statement (“Privacy Statement”) explains how E-Cupon. (“E-Cupon”) uses personal information (“Personal Information”) and applies to all new users who register on our site on or after the Effective Date. For users who registered under the Old Privacy Statement, this Privacy Statement will apply on July 12, 2011. Please read this Privacy Statement carefully and feel free to review our summary of changes. If you do not agree to our practices, please do not register, subscribe, create an account, purchase a E-CUPON, or otherwise interact with E-Cupon at www.E-Cupon.com (or the mobile and touch versions), and any individual, business partner-specific, merchant-specific, city-specific, or other area-specific sites we offer (collectively, the "Sites").

Please contact us if you have any questions or comments about our privacy practices or this Privacy Statement. You can reach us online at info@E-Cupon.net. You can reach us via postal mail at the following address:

E-Cupon
Attention: Privacy Office
3544 North Miami Avenue, Miami FL 33127

Our Privacy Statement is organized as follows:

Types of Personal Information We Collect
How E-Cupon Collects Personal Information
How E-Cupon Uses Personal Information
When and Why E-Cupon Discloses Personal Information
Cookies and Related Technologies
Referring Friends to E-Cupon
Your Choices
Accessing and Correcting Personal Information
Security of Personal Information
Notice to Residents of Countries outside the United States of America
Privacy Practices of Third Parties
Communities
Facebook Connect
Changes to this Privacy Statement
California Privacy Rights
    


1. Types of Personal Information We Collect

Personal Information is information that can be used to identify, locate, or contact an individual. It also includes other information that may be associated with Personal Information. We collect the following types of Personal Information:

Contact Information that allows us to communicate with you, such as your name, postal addresses, email addresses, social media website user account names, telephone numbers, or other addresses at which you receive communications from or on behalf of E-Cupon.

Relationship Information: that helps us to understand who you are and what types of offers you might like. This includes lifestyle information; location information related to your state/province, city, or neighborhood; areas of interest, the types of deals that interest you, information collected from social media interactions (such as via Facebook Connect); demographic information (e.g., birth date, age, gender); information about persons for whom you have purchased deal vouchers (“E-CUPONs”) as gifts or who have bought E-CUPONs as gifts for you; and information about friends who refer you or who you have referred.

Transaction Information about how you interact with E-Cupon, such as the E-CUPONs you view, purchase and redeem; other information about how you use our Sites, email, other communications, and applications; and how you interact with E-Cupon merchants, business partners, and service providers.

We do not collect Financial Account Information such as your credit or debit card number, expiration date, and card verification number since we process payments for E-CUPONs by PayPal,

Mobile Location Information to help us offer you real-time deals nearby, if you have activated one of our mobile applications and permitted your mobile or other location-aware device to transmit location data.

2. How E-Cupon Collects Personal Information

We ask you for Personal Information (including Contact Information and Relationship Information) when you register, subscribe, create an account, purchase E-CUPONs, or otherwise interact with the Sites or contact E-Cupon.

We collect Transaction Information when you use our Site. For example, we may track the E-CUPONs you view, purchase, or redeem, and the comments you make to the forums, bulletin boards, discussion groups, chat rooms or other methods of communication that may be offered on or through the Site from time to time (collectively “Communities”), or to those related to our social media pages or accounts. We use cookies and related technologies to collect information about your computer and your interaction with the Site and our business partner websites. You can read more about cookies and other technologies in the Cookies and Related Technologies section.

We also collect Transaction Information if you contact us via telephone, email, text, postal mail, social media interaction, or other methods of communication, such as for customer support purposes.

We collect information that you provide us about other people when you purchase E-CUPONs as gifts, including those persons’ Contact Information and Relationship Information. We create transaction records of your gift to those persons.

If you use a social media platform or your mobile device (or other method of communication) to interact with E-Cupon or the Sites, the application may have a specific privacy statement that governs the use of Personal Information related to that application. For example, if you use a E-Cupon mobile application and your mobile device’s settings allow it, we may collect Mobile Location Information from your device. Our application may be designed to collect information even if you are not logged into the E-Cupon application or the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

We may receive additional Personal Information from third parties. We may use this Personal Information to enhance other information we have about you to help us better understand you and to otherwise enhance the Sites or E-Cupon services.

3. How E-Cupon Uses Personal Information

E-Cupon uses Personal Information to:

Operate and improve our Sites;
Provide customers with offers for products and services from participating merchants, including offers based on variables such as stated and anticipated customer interests, personal characteristics, or location;
Facilitate orders for E-CUPONs, including their purchase and redemption;
Evaluate eligibility of customers for certain offers, products or services;
Evaluate the types of offers, products or services that may be of interest to customers;
Track redemption of E-CUPONs and perform other analytics;
Provide customer support, including to our merchants or business partners;
Fulfill requests for E-Cupon services;
Communicate and provide additional information that may be of interest to you about E-Cupon and our merchants and business partners, such as E-Cupon news, special offers and coupons, announcements, and marketing materials;
Send you reminders, technical notices, updates, security alerts and support and administrative messages service bulletins, or marketing;
Provide advertisements to you through the Sites, email messages, text messages, applications, or other methods of communication;
Administer surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our partners;
Manage our everyday business needs such as Site administration, forum management, fulfillment, analytics, fraud prevention, enforcement of our corporate reporting obligations, Terms of Use or to comply with the law, and
Allow you to apply for a job, post a video or sign up for special offers from third parties through the Site.

4. When and Why E-Cupon Discloses Personal Information

We will not disclose your Personal Information to third parties except to
Affiliated companies (e.g., subsidiaries and other companies owned by or controlled by E-Cupon) who may only use the Personal Information for the purposes described in Section 3 above.
Our service providers that provide services for us such as sending emails on our behalf and processing payments. Our service providers are bound by law or contract to protect the Personal Information and are only allowed to use the Personal Information in accordance with the terms of our service agreements with them.
Merchants, but only to the extent you have purchased or redeemed a E-CUPON offered by the merchant, or participated in an offer, contest or other activity sponsored or offered through E-Cupon on behalf of the merchant. We may also provide merchants with Personal Information about the individuals who have purchased the merchants’ E-CUPONs, to send customized offers, to validate the purchases, to aid and troubleshoot redemption, to combat fraud, as part of legal proceedings affecting E-Cupon and the merchant, and to facilitate a direct relationship between merchants and customers and enable merchants to communicate electronically with customers who purchased the merchants’ E-CUPONs.
E-Cupon business partners or advertisers, as part of an offer, contest, or other activity that is provided by or in conjunction with E-Cupon and its business partners and in which you have elected to participate. For example, if you are referred to E-Cupon from a business partner's website or through an invitation facilitated by or in conjunction with a E-Cupon business partner, E-Cupon may provide that business partner with Contact Information to validate the referral and to support the terms of the relationship between E-Cupon and the business partner, which may allow such business partner to contact you directly and to advertise to you.
Effect a merger, acquisition, or otherwise; to support the sale or transfer of business assets; to enforce our rights or protect our property; to protect the rights, property or safety of others, investigate fraud, respond to a government request; or as needed to support auditing, compliance, and corporate governance functions. We may also disclose Personal Information to defend ourselves in litigation or a regulatory action, and when required or advised to do so by law, such as in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate. If E-Cupon is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

We encourage E-Cupon Merchants and business partners to adopt and post privacy policies. However, the use of your Personal Information by such parties is governed by the privacy policies of such parties and is not subject to our control.

We may also disclose information about you that is not personally identifiable. For example, we may provide our merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our users.

5. Cookies and Related Technologies

When you use our Sites, we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools, and web server logs. As you use our Sites and applications, your browser and devices communicate with servers operated by us, our business partners and services providers to coordinate and record the interactivity and fill your requests for services and information.

The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our Sites by your computers or mobile devices. These servers are operated and the cookies managed by us, our business partners or our service providers.

For example, when you visit our Sites, E-Cupon and our service providers may place cookies on your computers or mobile devices. Cookies allow us to recognize you when you return, track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A "cookie" is a small amount of information that a web server sends to your browser that stores information about your account, your preferences, and your use of the Sites. Some cookies contain serial numbers that allow us to connect your Site activity with other information we store about you in your profile or as related to your interactions with the Sites.

Some cookies are temporary, whereas others may be configured to last longer. “Session" cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. "Persistent" cookies are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided (such as your user id if you asked to be remembered), and storing your preferences (e.g., the cities for which you want to be shown E-CUPONs).

Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us, or our service providers. These tools allow us to measure response to our communications and improve our web pages and promotions.

We collect many different types of information from cookies and other technologies. For example, we may collect information from the devices you use to access our Sites, your operating system type or mobile device model, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Browsers routinely send these types of information to web servers. Our server logs also record the Internet Protocol (“IP”) addresses of the devices you use to interact with the Sites. An IP address is a unique identifier that devices use to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to our Site and the website you visit after you leave our Site, if this information is supplied to us by your browser.

In many cases, the information we collect using cookies and other tools is used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about Site users to optimize our Sites and understand its traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Information. In that case, this Privacy Statement governs how we use that information.

Additionally, if the settings on your location-aware device allow us to receive Location Information, we will collect that automatically. If we associate Location Information with other Personal Information, this Privacy Statement governs how we would use that information too.

E-Cupon has relationships with third party advertising companies to place advertisements on our behalf onto other websites, and to perform tracking and reporting functions for our Sites and our advertisements. We do not share Personal Information with third party advertising companies; however, these third parties may automatically collect information about your visit to our Sites and other websites, your IP address, your ISP and the browser you use to visit this Site. They do this by using cookies, clear gifs and other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other websites tracked by these third parties. This Privacy Statement does not cover the collection methods or use of the information collected by these third parties, and E-Cupon is not responsible for cookies or clear gifs in third party ads. We encourage you to review the privacy policies or statements of these third party advertising companies to learn more about their use of cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by third party advertisers, please visit http://www.networkadvertising.org.

One of E-Cupon’s third party service providers is Omniture. Onmiture provides certain analytics and optimization services for our websites. If you would like more information on how to remove yourself from the tracking and reporting functions performed for this website by Omniture, please visit the Omniture Opt-Out Page at http://www.omniture.com/en/privacy/2o7and follow the relevant instructions.
you wish to refer friends to E-Cupon, we provide you a unique referral link, which you can share directly with others via email, social media websites, or other communications methods. If someone clicks your link and takes a qualifying action, we may attribute that referral to you for purposes such as awarding reward credit. E-Cupon does not collect Personal Information about the persons with whom you share your link until the persons click the link and engage directly with E-Cupon.

7. Your Choices

We think that you benefit from a more personalized experience when we know more about you and the kinds of deals you like. However, you can limit the information you provide to E-Cupon, and you can limit the communications that E-Cupon sends to you.

You can manage your email preferences by logging into your account through the Sites, entering the “My Account” section, and selecting “Manage Email Subscriptions.” You can also manage your subscriptions by following subscription management instructions contained in the commercial messages that we send you. You may choose to subscribe to some types of messages, and may choose to unsubscribe from others. You may update your subscription preferences from time to time. Please note that even if you unsubscribe from promotional email messages, we may still need to contact you with important transactional information related to your account and your purchases. For example, even if you have unsubscribed from our promotional email messages, we will still send you confirmations when you purchase E-CUPONs.
You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain third party advertising companies online at www.networkadvertising.org/consumer/opt_out.asp
You may manage how your mobile device and mobile browser share Location Information with E-Cupon, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

You may also manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust our permissions and manage the interactivity between E-Cupon and your social media account or your mobile device.

If you wish to opt out of receiving offers directly from E-Cupon merchants or business partners, you can follow the opt-out instructions in the emails that they send you.

8. Accessing and Correcting Personal Information

Keeping Personal Information about you current helps ensure that we offer you the best deals available through our merchants and business partners. You can do several things to help keep Personal Information about you current. You can access, update and delete your Contact Information and the other information you provided to use in your profile by logging into your account and accessing the “My Account” section of the Site or sending us an email at privacy@E-Cupon.com.

If you want to close your account or have other questions or requests, please contact us. While we are ready to assist you in managing your subscriptions, closing your account, and removing your active profile, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases on the Sites for financial reporting and compliance reasons.

We will retain your information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@E-Cupon.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

9. Security of Personal Information

E-Cupon has implemented an information security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information.

10. Notice to Residents of Countries outside the United States of America

E-Cupon, Inc. is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, merchants, or service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of Personal Information according to our Privacy Statement, regardless of where it is processed or stored.

11. Privacy Practices of Third Parties

This Privacy Statement only addresses the use and disclosure of information by E-Cupon through your interaction with the Sites. Other websites that may be accessible through links from our Sites may have their own privacy statements and personal information collection, use, and disclosure practices. Our merchants and business partners may have their own privacy statements, too. We encourage you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of an offer or promotion.

12. Communities

Our Sites may contain Communities and other areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products and merchants, and submit media content. Prior to posting in these areas, please read our Terms of Use carefully. All the information you post will be accessible to anyone with Internet access, and any Personal Information you include in your posting may be read, collected, and used by others. For example, if you post your email address along with a public restaurant review, you may receive unsolicited messages from other parties. Please avoid publicly posting Personal Information. If you have questions about Personal Information posted in our Communities, please contact support@E-Cupon.net.


13. Facebook Connect

E-Cupon offers Facebook users the opportunity to interact with friends and to share on Facebook using Facebook Connect. If you are logged into both E-Cupon and Facebook, when you use the Site’s Facebook connection functions, we will link your Facebook account with your E-Cupon account if the email addresses match. If the email addresses do not match, we ask you if you want to link them and you must validate that you control the accounts. If you are already logged into E-Cupon but not logged into Facebook, when you use the Site’s Facebook connection functions.