Tailgate Systems, Inc.
Cardholder Terms of Service, Data License, Activation Consent, and Commercial Data Use Agreement
This Cardholder Terms of Service, Data License, Activation Consent, and Commercial Data Use Agreement ("Agreement") is a legally binding contract between you, whether as an individual, consumer, or end user ("User," "Cardholder," "you," or "your"), and Tailgate Systems, Inc., a Delaware corporation ("Tailgate," "Company," "we," "us," or "our"). This Agreement governs your access to, activation of, interaction with, and use of any Tailgate-branded physical card, digital card, NFC-enabled card, QR-based access mechanism, web interface, mobile interface, application, software layer, analytics system, data platform, or any related technologies, features, or services now existing or later developed (collectively, the "Platform").
By activating a card, tapping an NFC device, scanning a QR code, accessing a link, creating an account, redeeming an offer, or otherwise interacting with the Platform in any manner, you expressly acknowledge, affirm, and consent to all terms of this Agreement, including the data collection, data use, data commercialization, and data sharing practices described herein.
If you do not agree, you must not activate, access, or use the Platform.
This Agreement is effective immediately upon your first interaction with the Platform and remains effective unless terminated in accordance with this Agreement.
1. Continuous Acceptance, Activation Consent, and Scope
Your activation of any Tailgate card or interaction with the Platform constitutes your express, informed, and affirmative consent to this Agreement. Consent is not a one-time event. Each subsequent interaction with the Platform constitutes renewed consent to all terms in effect at that time.
You acknowledge and agree that activation consent may be obtained through multiple mechanisms, including but not limited to card activation flows, NFC taps, QR scans, browser prompts, in-app disclosures, splash screens, linked notices, or continued use following notice. You agree that such mechanisms constitute valid legal consent to the fullest extent permitted by law.
This Agreement applies nationwide throughout the United States and is governed exclusively by the laws of the State of Delaware, without regard to conflict-of-laws principles.
2. Eligibility, Authority, and Representations
You represent that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, and that you possess the legal capacity to enter into this Agreement. You further represent that all information you provide or permit to be collected is accurate to the best of your knowledge.
If you access the Platform on behalf of another person or entity, you represent and warrant that you have full authority to bind such person or entity to this Agreement and its data use provisions.
3. Platform Function, Disclaimers, and No Entitlement
The Platform provides access to promotional offers, discounts, analytics-driven experiences, and related benefits offered by independent third-party merchants, partners, or organizations. Tailgate does not control, operate, or guarantee the actions, availability, pricing, quality, legality, or continued participation of any third party.
The Platform and any associated card are access mechanisms only. They are not bank accounts, stored-value products, prepaid cards, or monetary instruments. No offer has cash value. Tailgate makes no representations regarding savings, value, or outcomes.
4. User Conduct and Platform Control
You agree to use the Platform solely for lawful purposes and in compliance with this Agreement. You may not resell, sublicense, duplicate, scrape, manipulate, exploit, reverse engineer, or misuse the Platform or any associated data.
Tailgate reserves the unrestricted right to monitor usage, detect abuse, and suspend or terminate access at any time, with or without notice, and without liability.
5. Express Data Collection Consent
By activating or using the Platform, you expressly consent to Tailgate's collection, processing, storage, analysis, enrichment, and commercial use of data associated with you, your devices, your location, and your behavior.
You acknowledge that data collection may occur actively or passively, directly or indirectly, continuously or intermittently, including through background processes and third-party technologies integrated into the Platform.
6. Categories of Data Collected and Generated
Data collected or generated may include, without limitation, identifiers, contact information, demographic attributes, inferred age ranges, gender indicators where provided or inferred, educational affiliation, device identifiers, IP addresses, browser and operating system data, timestamps, session metadata, NFC and QR interaction logs, redemption events, venue visitation patterns, dwell time, frequency metrics, transaction-related metadata, approximate or precise location data where enabled or permitted, behavioral signals, inferred interests, mobility patterns, and engagement profiles.
You acknowledge that certain data may be inferred or derived rather than directly provided by you.
6.1 Data Use Rights, Commercialization, and Redistribution
You hereby grant Tailgate Systems, Inc. a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable right and license, to the maximum extent permitted by law, to collect, access, store, analyze, modify, adapt, aggregate, anonymize, derive, commercialize, sell, license, assign, distribute, disclose, transmit, and otherwise exploit any and all data associated with you or your use of the Platform.
This grant includes the right to use and redistribute such data, whether in identifiable, de-identified, anonymized, aggregated, or derived form, to third parties including but not limited to advertisers, analytics providers, data partners, merchants, affiliates, research entities, and commercial counterparties, for purposes including advertising, audience targeting, preference modeling, demographic analysis, behavioral segmentation, predictive analytics, machine learning, artificial intelligence training, market research, and other commercial or operational uses.
You expressly acknowledge and agree that Tailgate may determine, at its sole discretion, the manner, format, scope, and recipients of any data redistribution or commercialization, subject only to applicable law and valid opt-out rights where required. You waive any right to inspect, approve, restrict, or receive compensation for such uses.
6.2 Sensitive and Demographic Data Consent
To the extent permitted by applicable law, you expressly consent to the processing, analysis, aggregation, and commercial use of demographic and preference-based data, including but not limited to gender identity, racial or ethnic identifiers, location patterns, affinity indicators, and inferred characteristics, whether provided directly by you or lawfully obtained or derived through Platform usage or third-party data sources.
You acknowledge that such data may be used to create audience segments, preference profiles, behavioral insights, and analytical products that may be sold, licensed, or shared with third parties in anonymized, aggregated, or derived form. Where required by law, Tailgate will provide opt-out mechanisms or honor applicable data limitation rights, but you agree that such rights do not apply to aggregated, anonymized, or derived datasets.
7. Third-Party Data, Enrichment, and Identity Resolution
To the maximum extent permitted by applicable law, Tailgate may collect, license, receive, purchase, associate, or infer additional data relating to you from third-party sources, including advertising networks, analytics providers, data brokers, attribution partners, identity resolution services, publicly available databases, and technology platforms.
Such data may be used to enrich user profiles, resolve identities across devices or contexts, infer preferences, construct audiences, and improve targeting, measurement, and monetization capabilities.
7.1 Aggregated, Anonymized, and Derived Data Ownership
You acknowledge and agree that all aggregated, anonymized, de-identified, and derived data generated through or in connection with the Platform is and shall remain the exclusive property of Tailgate Systems, Inc. Such data does not constitute personal data once anonymized and is not subject to access, deletion, correction, or opt-out rights to the extent permitted by law.
These ownership and usage rights survive account deletion, termination of access, or cessation of Platform use.
8. Data License and Commercial Rights Grant
You hereby grant Tailgate a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, assignable, and sublicensable license to collect, access, use, store, analyze, modify, adapt, aggregate, anonymize, derive, model, commercialize, sell, license, disclose, distribute, and otherwise exploit all data associated with you or your use of the Platform, to the maximum extent permitted by law.
This license includes, without limitation, use for advertising, marketing, behavioral targeting, attribution, analytics, measurement, audience segmentation, AI and machine-learning training, predictive modeling, optimization, research, benchmarking, resale, licensing, and commercial partnerships across industries.
By accessing or using the Platform, you expressly consent to the collection, processing, storage, and use of a broad range of data relating to you and your interactions with the Platform, to the maximum extent permitted by applicable law. Such data may include information you voluntarily provide, information collected automatically, information inferred or derived from your behavior, and information obtained from third-party sources.
Data collected may include, without limitation, personal identifiers, contact information, demographic attributes (including age range, gender identity, racial or ethnic identifiers where voluntarily provided or lawfully obtained), educational affiliation, device identifiers, IP address, browser type, operating system, network information, interaction metadata, redemption history, purchasing tendencies, engagement frequency, time-of-day behavior, geographic location data (precise or approximate, including GPS, Wi-Fi, Bluetooth, or IP-based location where enabled), preferences, interests, inferred behavioral traits, and any other data reasonably associated with your use of the Platform.
You acknowledge and agree that Tailgate may associate, infer, or derive additional attributes about you, including preferences, behavioral segments, affinity categories, and predictive characteristics, based on observed activity, aggregated trends, and analytical modeling.
9. Activation-Based and Contextual Consent Reaffirmation
You acknowledge that Tailgate may present additional notices, disclosures, or prompts at activation, scan, tap, or interaction points and that your continued use following such disclosures constitutes reaffirmation of consent. You waive any requirement for separate signatures or repeated acknowledgments beyond such mechanisms.
9.1 No Guarantee of Merchant Performance or Discount Honoring
You acknowledge and agree that Tailgate acts solely as a facilitator of access to third-party merchant offers and does not own, operate, control, or manage any participating merchant. Tailgate makes no guarantee, representation, or warranty that any merchant will honor a particular discount, offer, or promotion at any time.
While Tailgate may enter into agreements with merchants and may take reasonable steps to encourage compliance, Tailgate has no direct control over merchant operations, verification practices, point-of-sale systems, or employee conduct. Tailgate is not responsible or liable for a merchant's refusal to honor an offer, modification of terms, unavailability, or discontinuation of participation.
You agree that any dispute regarding the honoring of a discount is solely between you and the merchant, and you waive any claim against Tailgate arising from a merchant's failure or refusal to honor an offer.
9.2 Limitation of Liability for Merchant Conduct
To the maximum extent permitted by law, Tailgate Systems, Inc. shall not be liable for any loss, inconvenience, damages, or expenses arising from merchant actions or omissions, including but not limited to refusal to honor discounts, inaccurate representations by merchants, or changes in merchant participation. Tailgate's role is limited to providing access and facilitating discovery, not enforcement.
10. Aggregated, Anonymized, and Derived Data Ownership
You acknowledge and agree that Tailgate exclusively owns all aggregated, anonymized, de-identified, or derived data generated through or in connection with the Platform. Such data is not personal data once anonymized and is not subject to access, deletion, or opt-out rights where permitted by law.
You waive any claim to ownership, compensation, or control over such data, regardless of its source.
11. Targeting, Marketing, and Cross-Context Use Consent
You expressly consent to Tailgate's use of data for personalized, contextual, interest-based, behavioral, and location-based advertising and promotions, including across different devices, platforms, and contexts. Communications may be delivered via email, SMS, push notification, web, in-app messaging, or other lawful channels.
Opt-out mechanisms are provided where legally required; however, opt-out does not prohibit non-marketing data processing, analytics, measurement, or anonymized use.
12. Automated Processing, Profiling, and AI Systems
You acknowledge that Tailgate may employ automated decision-making systems, algorithms, artificial intelligence, and machine-learning models to analyze data, predict behavior, optimize offers, detect fraud, and improve operational efficiency. Tailgate is not obligated to disclose algorithmic logic, weighting, or outputs.
13. Data Retention, Deletion, and Survival
Tailgate retains personal data for as long as reasonably necessary for the purposes described herein or as permitted by law. Upon verified request, Tailgate will comply with applicable deletion or access obligations. Aggregated, anonymized, and derived data may be retained indefinitely.
All data licenses and ownership rights survive termination, account deletion, or cessation of Platform use to the maximum extent permitted by law.
14. User Rights and Opt-Outs
Tailgate provides rights and opt-out mechanisms as required under applicable U.S. privacy laws, including state consumer privacy statutes. Requests may be subject to verification and lawful limitations. Tailgate may deny requests where permitted by law.
15. Data Sharing, Transfers, and Corporate Transactions
Tailgate may share, transfer, or assign data and associated rights to affiliates, partners, service providers, advertisers, acquirers, successors, or assigns, including in connection with mergers, acquisitions, financings, or asset sales.
16. Security Acknowledgment
Tailgate implements reasonable safeguards but does not guarantee absolute security. You acknowledge inherent risks associated with digital data systems.
17. Disclaimers
The Platform is provided "as is" and "as available." Tailgate disclaims all warranties, express or implied.
18. Limitation of Liability
To the maximum extent permitted by law, Tailgate's total liability shall not exceed one hundred U.S. dollars (USD $100).
19. Indemnification
You agree to indemnify and hold harmless Tailgate from claims arising from your use of the Platform or violation of this Agreement.
20. Governing Law, Arbitration, and Class Waiver
This Agreement is governed by Delaware law. All disputes shall be resolved by binding arbitration on an individual basis. You waive class actions.
21. Modifications and Continued Use
Tailgate may modify this Agreement at any time. Continued use constitutes acceptance.
22. Contact Information
Tailgate Systems, Inc.
Legal & Privacy Department
Shuffm@tailgateofficial.com