Washington State Consumer Health Data Privacy Policy

Washington State Consumer Health Data Privacy Policy

Last updated: 30th June 2024

At Shopkick we want you to know how we collect, use, share and otherwise process your personal information, including information that may be defined as “consumer health data” (“CHD”) under the Washington State My Health My Data Act (“MHMDA”).

This Washington State Consumer Health Data Privacy Policy (“WA CHD Privacy Policy”) supplements the Shopkick (“Company”, “we”, “us”) Privacy Policy (“Privacy Policy”) and applies to the extent:

  • You are a resident of the state of Washington from whom we collect consumer health data, as defined by the MHMDA, or;
  • To personal information we collect in the state of Washington, to the extent that such personal information is consumer health data.

Where there are differences between this WA CHD Privacy Policy and our general Shopkick Privacy Policy, this WA CHD Privacy Policy governs.

Categories of Consumer Health Data we may Collect about you

Depending upon the Shopkick Services you choose to interact with and the choices you make, we may collect personal information that may be considered CHD. Because the MHMDA defines CHD very broadly, some of the categories of data we collect could be considered CHD under that law even though we do not use that data to identify a person’s health condition or status.

Below are examples of data we collect that could be considered CHD:

  • Information about products you have purchased or engaged with. If you scan or upload a receipt to the Shopkick mobile application (“the Shopkick App”) or scan, purchase or engage with products, brands and retailers, either in-store or through the Shopkick App or Services, we may collect information that could be considered CHD. For example, if you scan a receipt or product that is associated with a health-related condition, symptom, vital signs, test or treatment you may be providing us with CHD when you take that action.
  • General location information that could reasonably indicate your attempt to acquire or receive health service or supplies. For example, if your receipt or purchase data is linked to a store such as a pharmacy or drugstore where you can purchase medications or health products relating to our Services, me may collect general location data that

    could be considered as revealing health-related information

  • Precise location information (if your permit Shopkick to collect it through your mobile device settings) that we collect when you use the Shopkick App. We collect your precise location data to provide the Shopkick Services, such as awarding kicks or rewards when you walk into a store or to confirm that you have scanned a receipt or purchased or engaged with a product within a particular store or location or where you have signed up to receive notifications about products you may be interested in based on your real time location. This information could reasonably indicate your attempt to acquire or receive health services or supplies.

    You can control location tracking by adjusting your location services options on the “Settings” app on your mobile device. Please note that if you choose to disable location tracking this will mean that we are unable to offer you certain key features and benefits of the Shopkick program such as awarding ‘Kicks for walk-ins’ or ‘kicks for receipts’ or notifications when you are near certain stores.

  • Information that could identify your attempt to seek health care services or information. For example, we may collect your search queries or information about how you have interacted with or engaged with products on the Shopkick App or website that could include information concerning nutrition, wellness, fitness, or other health-related products.
Sources of Consumer Health Data

We may collect CHD about you from the following sources:

  • From information you provide to us directly through the Shopkick App, via our website or through other communication channels you use to provide information to us such as through social media, online forms and when you choose to complete online surveys and take part in sweepstakes.
  • From information automatically transmitted or collected from your devices via the Shopkick App or when you visit our website – such as your IP address, mobile device ID or Ad ID linked to your location data and other information collected via website cookies

    and similar technologies that run on the Shopkick App and website.

  • From your third-party retailer accounts and other third-party brands and retailers where you have chosen to link these to your Shopkick account or where we need to validate a purchase or receipt to provide you with ‘kicks’ and rewards you have earned.
  • From information provided to us by our brand and retail partners where Shopkick is acting as a service provider or enabling our partners to undertake promotional and marketing activities on their behalf through the use of our platforms.
  • From third parties and vendors that manage or provide Shopkick services on our behalf such as IT software providers, data analytics services, customer management and marketing service providers, e-mail distribution and notification providers and IT and cyber security services.
Why we Collect and how we use Consumer Health Data

To the extent we collect and use CHD, we do so for the purposes outlined in Section 2 of our Shopkick Privacy Policy, ‘What personal information do we process about you and why?’ More specifically, we may collect and use information that could be considered CHD for the follow purposes:

  • As reasonably necessary to provide you with the Shopkick Services you have signed up to or requested from us. This may include, providing you with kicks and rewards for products you have scanned, purchased or otherwise engaged with, responding to your communications, troubleshooting and improving our products and services, personalization of certain product or service features, providing you with real time notifications you have signed-up to and presenting you with relevant offers and ‘kick’ earning opportunities based on your interaction with Shopkick, such as a previous purchase you have made by using the Shopkick services.
  • For other essential business operations. This may include: analyzing our performance, undertaking internal research and development, meeting our legal and regulatory obligations and creating aggregated and de-identified data (that is no longer identifiable personal information).

  • To prevent the fraudulent use of the Shopkick Services or malicious or deceptive activities. We may need to collect precise location data that could reasonably indicate your attempt to acquire or receive health services or supplies, to verify that you have purchased or scanned a product from a specific store or location.
  • For any purpose for which you otherwise consent to or direct us to collect or use your CHD.

We may use CHD for other purposes for which we will give you choices and/or obtain your consent as required by law. See the Privacy Rights section of the Shopkick Privacy Policy and the How to Exercise Your MHMDA Rights section below for more details on the rights and choices you may have.

How we Disclose or Share your Consumer Health Data

We may disclose or share each of the categories of data that could be considered CHD described above for the following purposes:

  • To the extent necessary to provide the Shopkick Services that you have requested or as reasonably necessary to complete any transaction or provide any product or service you have requested or authorized, as described above.
  • To affect a corporate transaction involving Shopkick, including a merger, acquisition, or otherwise, and to support the sale or transfer of our business assets.

  • As Required by Law, to Enforce Laws and Similar Disclosures. To defend ourselves in litigation or a regulatory action; 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; to enforce our rights or protect our property; to protect the rights, property or safety of others, investigate fraud, or respond to a government request; or as needed to support auditing and legal compliance functions.
  • To create aggregated and de-identified statistical data (that is no longer identifiable personal information), to develop and improve and promote our services and products within the Trax Group of companies and to create statistical insights to share with our retail and brand partners to deliver our agreements with them.
  • For any other purpose where you consent to or direct us to disclose it.
Third Parties To Whom We Disclose or Share Consumer Health Data

We take care to only disclose, share or allow access to CHD to individuals or third parties who really need it to perform their tasks and duties, and who have a legitimate purpose for accessing it.

We may disclose CHD to the following types of third parties:

  • Service providers or contractors (‘processors’) that provide services on our behalf may access information that could be considered CHD such as your receipt data, purchase history or location data.
  • Our Affiliates in order to provide to you the Shopkick App and Shopkick Services you have signed up to receive and to develop and improve our products and services. A full list of specific Affiliates is available by request through our Privacy Rights request process.
  • Our brand and retail partners to the extent this disclosure is necessary to provide you with ‘kicks’ and rewards earned as part of the Shopkick services you have signed up to. For example, we may need to share your receipt data or information about a product you have purchased with the brand or retailer to verify the ‘kicks’ or rewards earned for that purchase.

  • Our location services partner, Foursquare – this enables us to deliver notifications to you based on your current location and where you have signed up to receiving such notifications.
  • With other third parties such as our legal advisors or law enforcement or federal agencies – but only in specific cases and where we have a legal requirement to do so and for the following types of purposes:

    – In connection with the establishment, exercise, or defense of legal claims.
    – To comply with laws and regulations or to respond to lawful requests made to us.
    – To protect our rights and property and the rights and property of our agents, consumers, and other, including to enforce our agreements, policies and terms of use.
    – To detect, suppress, or prevent fraud.
    – To reduce credit risk and collect debts owned to us.
    – As otherwise required by applicable law.

  • Otherwise with your consent or at your discretion – we may disclose your personal data to certain other third parties or publicly with your consent or direction. If you post a comment or review on our website, Apple App Store, or Google Play Store or a comment on our social media sites, the information you provide may be displayed publicly online for others to view.
How to exercise your rights related to the MHMDA

To make a request to exercise any of your rights listed below, please contact us at help@shopkick.com. Please include the words ‘Privacy request’ in the title bar of any emails you send to us.

We will acknowledge receipt of your request within 5 working days and provide a full response within the legally required timescales.

Your right to confirm and access – you have the right to confirm if Shopkick is collecting, sharing or selling CHD about you and to access such data. You have the right to request a list of all third parties and affiliates with whom Shopkick has shared or sold your CHD and an active email address or other online mechanism you may use to contact these third parties.

Your right to withdraw consent – you have the right to withdraw consent from Shopkick’s collection and sharing of your CHD where we are relying on your consent for such processing.

Your right to deletion – you have the right to have the CHD we process about you deleted.

The above rights requests are subject to certain exceptions. If your request to exercise a right under MHMDA is denied, you may appeal that decision by contacting Shopkick’s privacy team by email: help@shopkick.com