Effective Date: November, 2020
This Privacy Statement applies to information that GiftYa, LLC, on behalf of itself and its corporate affiliates (collectively “GiftYa,” “we” or “us”) collects on www.GiftYa.com and other websites, applications, and digital services (collectively, the “Site”) on or to which this Privacy Statement is linked or referenced (collectively, the “Services”).
Your privacy is important to us. This GiftYa Privacy Statement (“Privacy Statement”) describes the information we collect, why we collect it, and what we do with the information we collect from or about you through the Services. This Privacy Statement does not apply to third-party websites and other digital services linked to the Services or information collected from you off line.
The Services are intended for (1) individuals who are U.S. residents and who are the age of majority or older in their place of residence (age 21 in Mississippi, age 19 in Alabama and Nebraska and age 18 in other states and Washington, D.C.), and (2) authorized representatives of duly formed businesses and associations (“Entities”). You are not authorized to access and use the Services if you are located outside the U.S., or are younger than the age of majority, or are not an authorized representative of an Entity.
How We Define Personal Information
For purposes of this Privacy Statement, “Personal Information” means any information that identifies you as a specific person and/or a duly authorized business or association. For example, Personal Information includes your name, birth date, address, phone number, email address, and the last four digits of your Social Security number, employer identification/tax identification number, etc. Personal Information also includes information that does not directly identify you but when combined with other information identifies (or can be used to identify) you.
How We Collect and Use Your Personal Information
How we collect and use information from you depends on how and why you use the Services. GiftYa collects information in the following ways:
When You Give GiftYa Information: When you create an account, we ask you for Personal Information including but not necessarily limited to your name, birth date, email address, telephone number, and credit card number and associated card security code. Certain parts of the Services require users to provide contact information (such as name and e-mail address), demographic information (such as ZIP code), financial information (such as credit card number and/or bank account and routing code) and other similar information. If you sign up for emails about GiftYa’s latest news and new products, we collect the email address that you give us. We also collect feedback, questions, and information that you provide to us for customer support.
When You Provide Access to Financial Institution Information: When you create an account, we may require that, through our integration with a third party service provider, you connect us to your bank account and/or other financial institution accounts and supply (i) information to access your account and (ii) authority to act on your behalf to access and transmit information from your account(s). You agree to our use of our service provider and you agree to provide us with this information.
Our Service Provider’s Collection and Use of Information: Our service providers access and use your personal and financial institution account information as described in their Privacy Policies and as reasonably necessary to help to provide you with the Services. You agree that our service providers have the right, power and authority to access and transmit your information as described in their Privacy Policies and as reasonably necessary to help to provide you with the Services.
When You Use the Services: We collect information about how and when you use the Services:
Through Server Logs: A server log is a list of the activities that a server performs. GiftYa’s servers automatically collect and store in server logs, your search queries, Internet Protocol (IP) address, the date and time of your request and referral URL, and certain cookies that identify your browser or GiftYa account.
From Your Computer, Tablet or Mobile Telephone: We may collect information about your computer, tablet or mobile telephone (“Device”), such as model, operating system version, mobile network information, telephone number, internet service provider and similar identifiers. We may associate your Device information with your account. We may collect and store information (including Personal Information) on your Device through browser web storage (including HTML 5) and web application data caches.
We may collect data about the location of the Device that you use to access the Services (“Location Data”) using IP address, GPS, cellular towers and other information from your mobile service provider, Bluetooth address, Wi-Fi access points and information made available by you or others that indicates the current or prior location of the user, such as geotag information in photographs. How we collect Location Data depends on how you access the Services. Certain Services may collect Location Data even when you are not actively using the Services. If you do not want us to collect Location Data from your mobile Device, please turn off the location services in your Device settings.
Through Mobile Applications (“Apps”): We may from time to time collect information about your use of and interaction with the App, such as your Device’s operating system, browser type, domain and other system settings, search queries, the country and time zone in which your Device is located, metadata and other information associated with files stored on your Device.
From Other Sources: GiftYa collects information about you from third parties:
When you Connect with Social Media through the Services: The Services link to social media platforms through “plug-ins” (e.g., Twitter and LinkedIn buttons). When you are logged into your social media account and access the Services, we may (depending on your settings) automatically receive information (including Personal Information) from the social media platform. GiftYa collects and uses this information for the purposes described in this Privacy Statement or at the time the information is collected. Please remember that the manner in which a social media platform uses, stores and discloses your information is governed by the terms and policies applicable to your use of such platforms, and GiftYa has no liability or responsibility for the privacy practices or other actions of any social media platform with which you connect through the App or Services.
From Third Parties: GiftYa may from time to time supplement the information that we collect from you with information from third parties. We may combine the third-party information with information that we already have from or about you.
Through Service Providers: Third parties that assist us with our business operations also collect and use information (including Personal Information) through the Services and also may share the collected information with us. For example, our service providers collect and share information with us to analyze the performance of the Services and detect and prevent fraud.
GiftYa uses your Personal Information as described in this Privacy Statement and for any other purpose that we disclose when we collect your Personal Information.
GiftYa uses Personal Information to:
You authorize the sharing, exchange and use of transaction data described above and herein by and among GiftYa and GiftYa’s third party service providers, applicable payment card networks and applicable merchants.
You may opt-out of transaction monitoring on the payment card(s) you have registered by deleting your connected credit or debit card (“Connected Card”) from the GiftYa Site or by contacting us at support@GiftYa.com with a request to un-enroll your card. However, if you disconnect your Connected Card, you will not be able to use the Services. You give us the right to use the transaction data from your Connected Cards until the transactions relating to the Services have been fully completed, or until you remove your Connected Card from the Services. When you remove a Connected Card from the Services, we will no longer capture transaction data, however we will retain the data associated with your Connected Cards for historical transactions as long as necessary to fully complete such historical transactions, but no longer than permitted by law.
How We Use Data Collection Tools
Cookies, pixel tabs (also known as web beacons, flash cookies and clear GIFs) and similar technology (“Data Collection Tools”) help GiftYa automatically collect information about you when you use the Services.
Web Beacons: A web beacon (also called a pixel tag or clear GIF) is computer code that communicates information from your device to a server. Some of our content and emails may contain embedded web beacons that allow a server to read certain types of information from your Device, allow us to count the number of people who have viewed content, to know when you opened an email message, and the IP address of your Device. Web beacons help us develop statistical information to provide better and more personalized content.
Cookies: Cookies are small text files that are sent to or accessed from your web browser or your computer’s hard drive. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires), and a randomly generated unique number or similar identifier. A cookie also may contain information about your Device, such as user settings, browsing history, and activities conducted while using the Services.
GiftYa uses the following types of cookies:
To learn more about cookies and web beacons, visit www.allaboutcookies.org.
Data Collection Tools record how long you spend on various webpages, which webpages you view, your search queries, the products you viewed, error and performance reports, your IP address, your browser type, time zone and language settings and operating system. Data Collection Tools also help us with fraud prevention and detection.
GiftYa also may use analytics services, such as Google Analytics, to collect information. Generally, analytics services do not identify individual users. Many analytics services allow you to opt out of data collection. For example, to learn more about Google Analytics practices and to opt out, visit www.google.com/settings/ads or download the Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout.
Your Control of Data Collection Technology: Some web and mobile browsers provide settings that allow you to control or reject cookies or to alert you when a cookie is stored in your browser. If you set your browser to refuse to accept cookies, you may not be able to use certain features of the Services or access some of our online services. You also may be able to reject use of mobile device identifiers by activating the appropriate setting on your Device. Although you are not required to accept cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.
How We Respond to Do Not Track Signals
Some web browsers (including Safari, Internet Explorer, Firefox, and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to a website that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operators, including GiftYa, do not respond to DNT signals. GiftYa is able to offer and provide you with our Services whether or not your browser incorporates DNT signals.
How We Share Personal Information
We may share Personal Information collected through the Services as follows.
Affiliates: GiftYa shares Personal Information within GiftYa’s corporate family for the purposes described in this Privacy Statement and as required by law.
Service Providers: GiftYa shares information with GiftYa’s third-party service providers that help us operate the Services, provide GiftYa products, and personalize your experience on the Services. Some service providers help us with payment processing, facilitating payments, sending emails, order fulfillment, conducting advertising, providing customer service or product support, industry benchmarking, consumer analysis, market research, and administering promotions.
Corporate Transactions: GiftYa may share and transfer Personal Information if GiftYa is involved in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, or other change of ownership or control by GiftYa or any affiliated company (in each case, whether in whole or in part).
GiftYa never publicly discloses any Personal Information related to financial or payment activities or any government identification numbers. GiftYa also doesn't allow unauthorized publishing or disclosure of any user’s non-public contacts.
How We Protect and Store Information
GiftYa takes precautions intended to help protect information that we collect and store; however, any transmission to us is at your own risk, and we expect that you will use appropriate security measures to protect your information.
You are responsible for maintaining the security of your account credentials and other authentication involved in obtaining access to password-protected or secure areas of the Services. GiftYa will treat access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.
We retain information for as long as necessary to fulfill the purposes for which you provided the information, to comply with legal obligations, to resolve disputes, to enforce agreements, and similar essential purposes.
APPLE DEVICE ADDITIONAL TERMS
If you access an App via a Mobile Device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms”) are hereby made part of this Privacy Statement: (a) If this Privacy Statement or any agreement between GiftYa and you conflict with the Apple Device Additional Terms, then the Apple Device Additional Terms shall apply with respect to access and use of the Services via an Apple Device.; (b) You acknowledge that this Privacy Statement or your agreements with GiftYa about the Services are not an agreement with Apple. GiftYa, not Apple, is solely responsible for any App you access via your Apple Device (“iOS App”) and the content thereof. If this Privacy Statement or your agreements with GiftYa about the Services are less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the “App Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.; (c) The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.; (d) GiftYa is solely responsible for providing any maintenance and support services for an iOS App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App.; (e) GiftYa is solely responsible for any product warranty, whether express or implied by law, to the extent not effectively disclaimed. If an iOS App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and all other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are GiftYa’ sole responsibility.; (f) You hereby acknowledge that GiftYa, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Privacy Statement or your agreements with GiftYa about the Services do not limit GiftYa’s liability beyond what is permitted by applicable law.; and (g) You acknowledge that, in the event of any third party claim that an iOS or your possession and use of an iOS App infringes that third party’s intellectual property rights, GiftYa, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Linking to Other Sites
GiftYa may provide links to websites operated by unrelated third parties, such as companies that provide services for us or in which we think you may have an interest. Please note that when you navigate to the website of an unrelated third party, this Privacy Statement no longer applies. We encourage you to read the privacy policies of every website or service that you visit to understand how your Personal Information is processed.
How Can I Correct or Delete My Personal Information?
If you would like to correct or delete Personal Information, please send us an e-mail with your request to support@GiftYa.com. GiftYa reserves the right to request that you provide information that will enable GiftYa to confirm that you have the authority to correct or delete the Personal Information that you want corrected or deleted. GiftYa will use reasonable efforts to correct your Personal Information but may not be able to correct or delete Personal Information shared with third parties.
Your Opt Out Rights
SMS Notifications: To the extent you access the Service through a mobile device, and by acknowledging our Terms of Service, you consent to our communicating with you on your mobile device, including through the use of an automatic telephone dialing system or a prerecorded or artificial voice, by SMS, MMS, text message or other electronic means and that certain information about your usage of the products and features may be communicated to us. You are not required to enter into this agreement as a condition of using the Service. By providing us with a telephone number, you expressly waive any protections afforded to you under federal, state, or corporate Do Not Call lists for the purpose of receiving telephone calls or text messages from us related to your use of the Service. By providing us with a telephone number, you represent and warrant that you are the authorized subscriber to that telephone number and that you have the authority to provide consent to be contacted at that telephone number. If you would like to revoke this consent at any time, you may do so by contacting us through your account profile at https://www.giftya/secure/account/profile. You also may opt out through your GiftYa account or otherwise according to instructions included in the communication you receive (for example, replying “STOP” to an SMS message).
Unsubscribe from Our E-mails: If you do not wish to receive promotional e-mails from us, (whether on our behalf or on behalf of a third party), including our e-newsletters, follow the unsubscribe process at the bottom of the promotional e-mail. Note that even if you opt out, you may still receive transactional e-mails from us (e.g., e-mails related to the completion of your registration, correction of user data, password reset requests, reminder e-mails that you have requested, and any other similar communications essential to your transactions on or made through the services).
If you have any problems or questions regarding your privacy preferences or opt out options, you may reach us during regular business hours at (855) 534-5222.
Your California Privacy Rights: A Notice to California Users (California Civil Code Section 1798.83)
Pursuant to California privacy law, registered users under 18 years of age may request to have content or information posted by the user removed from any of our online platforms. In order to effectuate removal of such content or information, you may reach us during regular business hours at (855) 534-5222.
The removal of content does not ensure complete or comprehensive removal of the content or information posted on any of our online platforms by the registered user.
We do not advertise or market any of the products or services identified in Chapter 22.1 Sec. 22580 (i) to users we have actual knowledge are under 18 years of age.
The Services are not directed to or intended for use by minors. Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act, if we learn that we have received any information directly from a child under age 13 without his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Services and subsequently will delete that information.
Integrating Social Networking Services
You may have the option of posting your Services activities to social media platforms when you access content through the Services (for example, you may post to Facebook that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers, and subscribers on any social media platforms you have enabled will be able to view such activity.
Notice to California Residents
California Civil Code Section 1798.83 permits individual California residents to opt-out of GiftYa’s disclosure of Personal Information to third parties for their direct marketing purposes. GiftYa currently does not disclose Personal Information to third parties for their direct marketing purposes.
Changes to this Privacy Statement
The Effective Date of this Privacy Statement is set forth at the top of this webpage. We reserve the right to change this Privacy Statement as business needs require. If we make material changes to the way we use Personal Information, we will post a notice about the changes prominently on the Services in advance so that you have an opportunity to discontinue your use of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Privacy Statement. The amended Privacy Statement supersedes all previous versions.
How to Contact Us
If at any time you have questions about the GiftYa Privacy Statement, please contact us at support@GiftYa.com or by mail to GiftYa at 495 Mansfield Avenue Pittsburgh PA 15205.
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