Terms & Privacy Policy

Thanks Ad Terms of Service - Last updated on July 3^rd, 2024.

What is Thanks?

Thanks Ad Pty Ltd (ABN ​​15 665 397 062) (“Thanks”, “We” or “Us”) operates a promotional ads service through its website (“Offers”), the Thanks Ad Widget and other proprietary software and services, to provide end users with relevant offers (our “Services”) from its advertising partners (“Advertisers”) when completing transactions or actions on its merchant partners’ websites, apps, or e-commerce integrations (such merchant partners, “Merchants”). More precisely, Thanks allows end users like You (“You”, “Your”) to receive relevant offers from our Advertisers that You can take advantage of by following each ad’s call-to-action.

Your use of our Services

You are under no commercial nor legal obligation to use our Services. All pop-ups or banners and Offers contained therein are completely optional for Your use, and You may ignore them, or drop out of any sign-up or submission process at any time with no liability whatsoever. To use our Services through our Merchant and Advertiser’s purchase confirmation page, or other versions of “thank You for Your purchase” page, pop-ups or interactive banners, You must accept these terms of use (“ToU”) and follow the instructions prompted to You by any specific ad or offer. Such actions may include choosing to receive communications from our Advertisers via SMS, phone calls or email, subscribing to newsletters, participating in competitions (including, but not limited to, sweepstakes, raffles, giveaways, or discount codes to use in our Advertisers’ business) or otherwise participating in marketing campaigns through social media channels. You are under no obligation of signing up, subscribing or accepting any Offer or using our Services, and Your purchase of the Merchant’s products or services will not be affected in any way. If You provide Us with any Personal Data, as that term is described in our Privacy Policy below, Your Personal Data will be collected, stored, used and shared as described therein.

Our Services

Using our proprietary software and metrics, We provide You with Offers from our Advertisers that might be relevant based on the purchase You made from a Merchant. We do not participate in the production, packaging, distribution or conditioning of any of the products or services that are being offered through the Offer, and have no liability or legal obligations once You have engaged with an Advertiser through an Offer. We are responsible solely for making the Offer available to You as described above, and are not a third-party beneficiary of any agreements or contracts (including e-contracts formed by acceptance of any terms and conditions) made between You and any Advertisers or Merchants. We may from time to time promote competitions and rewards programs for which me may be responsible according to local laws and regulations, of which You will be specifically put on notice regarding the applicable terms and conditions that  apply to that specific promotion.

Where we provide our Services and how are they governed

Although we provide our Services from our Australian based offices, some of our Merchant or Advertiser partners may be located in different locations around the globe. Unless We specifically state otherwise, all our offerings are made in accordance with the laws of New South Wales, Australia, to the extent permitted by applicable law. In certain circumstances, local consumer protection and privacy laws may also apply. If You believe that Your rights are being infringed in any way by us, please contact us by email at compliance@thanks.co, or send us a certified letter to “Thanks Ad Pty Ltd”  81-83 Campbell Street, Surry Hills, NSW, 2010,  Australia, at any time.

Furthermore, our Services are governed by our own policies (including our Privacy Policy), and the terms and conditions under which we provide them may differ from those of our Merchant or Advertiser partners. Please read carefully every time You interact with any third-parties to better understand the terms and conditions governing Your use and enjoyment of any such third-party services or websites.

Warranty disclaimer

We provide the Services to You at no extra costs or fees, and make no charges to end users. Instead, We have commercial agreements with Merchants and Advertisers. We make no claim of warranty that the Services are free of defects and You acknowledge and agree to our disclaimer  of all implied warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality and any warranties arising from conduct or course of dealing. We do not warrant that the Services or any of our proprietary software will meet Your needs or expectations, be error-free or will work without interruptions. To the maximum extent permitted by applicable law, in no event will We be liable for any indirect, special, incidental, exemplary, punitive, treble or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill, lost or corrupted data or other economic advantage) arising out of or relating to these ToU, or otherwise the access to the Thanks Ad Services or proprietary software, however caused whether by breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if We were advised of the possibility of such damages. You make use of our Services at Your sole risk.

Changes to these ToU

In our effort to provide You the best and most transparent version of our Services, we may amend, modify or update these ToU from time to time to comply with applicable laws or better serve our end users and commercial partners. Any such changes will be posted on our pop-ups or banners, or communicated to you via email.

Thanks Privacy Policy - Last updated in November 2024
‍
At Thanks, the protection of your Personal Data (as defined below) is critical in our mission to craft and deliver offers people love to find. Our Privacy Policy (this document) outlines how we collect, use, store and most importantly, how we protect your Personal Data, so please take the time to read through it.

Who we are and other important information

We are the Thanks Ad Group, including Thanks Heaps, Inc., Thanks Ad Pty Ltd and Thanks Studio, Inc. (one or more of these entities being referred to in this Policy as “we”, “us” and “our”).

For those who interact with our services, all visitors to our website, the personnel of our publishers, advertisers and other suppliers and/or customers, and all other individuals with whom we communicate in the course of providing our services or running our business (each referred to as “you” and “your”), we are the controller of your information (which means we decide what information we collect and how it is used).

Our representative in the United Kingdom is Prighter Ltd and our representative in the European Union is iuro Rechtsanwälte GmbH.

The types of Personal Data we collect

We collect your information when you interact with our services, visit our website or we otherwise communicate with you in the course of providing our services or running our business. A description of the information we collect, together with how and why we use this information is provided below.

When you engage with Thanks Services

We provide personalised advertising and marketing services.  You will interact with these services when the owner of a website (“publisher”) has engaged with Thanks and has implemented the Thanks services on their website.

In certain circumstances you will be asked to provide information when you interact with our services.  This information is collected and stored by us and may be shared with third parties, as set out in this Privacy Policy or as otherwise notified to you when you provide the information.

We also collect some information automatically when you interact with our services.  In some jurisdictions this it classed as Personal Data (please see below for further information about the definition of “Personal Data” in relation to different countries in which we operate). This includes:

_IP address
_Location
_Device type
_Browser type
_Session ID (generated from a unique identifier for your transaction which is shared with us by the publisher. This session ID allows us to understand how you interact with our advertisers, but without telling us who you are.)
_Language preferences
_Access times
_Referring website address
‍
The publisher will also share information with us regarding any products and services you have purchased, have viewed or are currently viewing via their website.  The publisher may also share with us information (including your email address) so that we can pre-fill any forms you are asked to complete and save you from providing this information to us.

The publisher may share other Personal Data with us, where they elect to do so in their sole discretion.

We do not intentionally collect details about your race, ethnicity, political views, religious or philosophical beliefs, sexual preferences, health, genetics or criminal records, or any other Personal Data that would be considered “Sensitive Personal Data” under Australian law, or “Special Category Data” under the GDPR or UK GDPR.  If we discover that we have collected Personal Data of this nature, we will delete it as soon as reasonably practicable.
‍
When you visit Thanks’ website

In addition to any Personal Data that you provide to us voluntarily, Thanks will collect information about your use of our website, and your IP address, ISP and IP location, internet speed, and browser information.

Other business contacts of Thanks

In addition to any Personal Data that you provide to us voluntarily, information may be provided to Thanks by your employer or another person or organisation that has engaged you, where such person or organization has a relationship with Thanks (e.g. as a publisher, advertiser or supplier).
‍

How Thanks collects your Personal Data

Thanks collects information about you when our ‘Offers’ widget is shown on a publisher’s website or app, wherever the publisher has opted to show it. Sometimes this appears as a pop-up ad, but sometimes it is embedded into the publisher’s website. It could be on a search results page, a “thank you page” or “confirmation page” (after you complete a purchase online at a publisher’s website), or in another location across a publisher’s website or app (“Offers”). Through these Offers you may be presented with unique offers, promotions or incentives. It is at this time that the publisher may pass us Personal Data, and we may collect Personal Data, as described above. We use this data to determine which promotions are best for you.

We may also collect Personal Data from you when you click on an Offer, purchase a product, subscribe to newsletters or other publications, subscribe to marketing communications programs (whether hosted by us or a third party advertiser), agree to be notified of giveaways and discounts or enter into a prize draw.  We use this Personal Data to determine which promotions are best for you and for the other purposes indicated at the time of subscription/purchase/other active engagement.

Some of your Personal Data may also be collected via indirect sources. These may include:
_From publishers when we perform our services;
_A survey you completed
_Responses you’ve made to an offer or promotion
_Through our employees, agents, contractors or suppliers
_Third-party service providers
_From publicly available sources such as through the purchasing of marketing lists, databases, data validation services, authentication service providers  and data aggregation services
_When we are required by law or regulation to do so

Other ways we collect information include via online activity, such as your Internet Protocol (IP) address, through local storage, analytic or advertising “cookies” or digital identifiers, which are usually small lines of text that are stored with your Web browser for record keeping purposes, and which we use to obtain statistical information and to understand what advertising, offers or services may be relevant to you. Your browser, as well as the notice on our website, has options in its security settings to accept, reject or provide you with a notice when a cookie or digital identifier is sent, and you can clear these and disable future use of cookies and digital identifiers if you want to.

Purposes for which Thanks collects and processes your Personal Data

In some jurisdictions in which we collect and use Personal Data (in particular the UK and European Union), we are required to identify a legal justification (also known as a lawful basis) for collecting and using your Personal Data, in addition to describing the purpose.

There are six legal justifications which organisations can rely on. The most relevant of these to us are where we use your Personal Data to:

_Fulfill a contract that we have with you as an individual (Contract);
_Comply with our legal obligations (Legal Obligation);
_Pursue our legitimate interests (our justifiable business aims) but only if those interests are not outweighed by your other rights and freedoms (Legitimate Interests); or
_Do something for which you have given your consent (Consent).

The table below sets out the specific purposes for which we use your Personal Data and the lawful basis we rely on when we do so.  We may state a more specific additional purpose when we collect your Personal Data.

How we hold your Personal Data

At Thanks we have a series of security measures in place to protect your Personal Data, including the use of industry-standard encryption to help protect data at rest.

We keep customer information in controlled systems that are protected with authorized access only and prevent copying of your stored Personal Data. We manage and access privileges to ensure the minimal Personal Data that we do store is limited to only those who need access to it for our legitimate business purposes. We also provide continuing training to our staff and regular security reviews.

We have procedures in place to mitigate any security risks or breaches, including penetration testing, but you must keep in mind that no security system is 100% secure and such incidents may occur.

Retention of Personal Data

We will retain your Personal Data for as long as needed to fulfil the legitimate business purposes for which we collected it and for a reasonable period thereafter in order to comply with audit, contractual, or legal requirements, or where we have a legitimate interest in doing so.  This period will typically be 7 years from the date that we last interacted with you or the business by which you were employed or engaged, whichever is later.

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may retain aggregated or de-identified data indefinitely or to the extent allowed by applicable data protection laws.

We may retain Personal Data preserved in automatically generated computer back-up or archival copies generated in the ordinary course of our information technology systems procedures.

We are not responsible for the retention periods of advertisers or publishers.

Who Thanks may share your Personal Data with

From time to time, we may share your Personal Data with other affiliates or subsidiaries of our business group. We may also share your Personal Data with third-parties outside of our organization for different purposes, including:

_Publishers and advertisers for the purpose of fulfilling, and providing you with further information associated with, their Offers, or other purpose explicitly disclosed at the time of collection.
_Publishers and advertisers for the purpose of confirming and permitting them to verify the services we provide them, and charges due.
_Legal, regulatory or self-regulatory authorities overseeing a complaint or concerns of yours, or a matter involving you.
_Vendors and sub-processors we rely on to conduct our business and are necessary for us to be able to provide our services and products, or to detect, prevent, or otherwise address fraud, security or technical issues.
_Our professional advisors or contractors, such as our auditors, accountants or lawyers or other professional consultants.
_Market research and customer review organizations who can assist us in developing or improving the quality of our services and products.
_Software providers we may contract with in order to provide advertisement or offers, such as digital advertisement or e-commerce related platform companies.
_As part of or in connection with a sale of our business, merger, reorganisation, investment, change in control, transfer of substantial corporate assets, liquidation or similar transaction.
_Any authorized government or regulatory or self-regulatory authority or enforcement agency we are required or specifically permitted under law to share your Personal Data with.

Your rights regarding your Personal Data we collect or store

Depending on which jurisdiction you are located in, you may have certain rights related to your access and/or management of your Personal Data stored by us. We have set out below your rights if you are located in certain specific jurisdictions.  Please contact us if you would like more information about your rights regarding your Personal Data.

AUSTRALIAN RESIDENTS

Under the Australian Privacy Act 1988 (Cth) (APA) “Personal Information” means “Information or an opinion about an identified individual, or an individual who is reasonably identifiable:

a. whether the information or opinion is true or not; and
b. whether the information or opinion is recorded in a material form or not.”

‍If you are an Australian resident, your rights will be applicable only in respect of Personal Information, as defined above (although we have referred to this as “Personal Data”).

Transfers of Personal Data out of Australia

Your Personal Data may be transferred overseas or stored overseas for a variety of reasons. If we transfer your Personal Data to a recipient in a country with data protection laws which are at least substantially similar to the Australian Privacy Principles (“APP”), and where there are mechanisms available to you to enforce protection of your Personal Data under that overseas law, we will not be liable for a breach of the APP if your Personal Data is mishandled in that jurisdiction.

Notifiable Data Breach Scheme (NDBS)

In the event that there is a data breach and we are required to comply with the NDBS of the Privacy Act 1988 (Cth), we will take all reasonable steps to contain the suspected or known breach where possible and follow the process set out in this clause.

If we have reasonable grounds to suspect that the data breach is likely to result in serious harm to any individuals involved, then we will take all reasonable steps to ensure an assessment is completed within 30 days of the breach or sooner if possible. We will follow all guidance published by the Office of the Australian Information Commissioner (“OAIC” ) (if available) in making this assessment.  If we reasonably determine that the data breach is not likely to result in serious harm to any individuals involved or that any remedial action we take is effective in preventing in making serious harm from becoming likely, then no notification to the affected individuals or the OAIC will be made.