Effective Date: October, 2022
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.
For your convenience, we have summarized several of the most important points in this Privacy Statement, which are:
You are strongly encouraged to read this Privacy Statement in its entirety, not just the above highlights, to best ensure your full understanding. Please note that this Privacy Statement may have changed since the last time you read it, so you should make sure that you have familiarized yourself with any terms that may have changed since the last time you read it.
Personal Information We Collect (Including Information from Your Device’s Contact List)
For purposes of this Privacy Statement, “Personal Information” means any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a specific person. Personal information does not include publicly available information from government records or de-identified or aggregated information. To provide you with the Services, and depending on how and why you use the Services, we collect:
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 We Ask You for Contact List Information: Certain parts of the Services also ask (but do not require) you to provide us with access to information from your Contact List, including a person’s contact name, phone number, and email address, to facilitate provision and delivery of the Services from you to that person. Where you agree to provide us with access to a person’s information, and where application troubleshooting is necessary or appropriate in connection with the provisions and delivery of the Services from you to that person, we may send the person’s information to third party services who assist us in troubleshooting.
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.
Additional Information (to the extent not covered above):
When You Use the Services:
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.
From Other Sources: GiftYa collects information about you from third parties:
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. We, or our service providers, may combine this information with other information, including personal information we collect about you, to record your preferences, gather information about the use of our Services, identify when our emails are viewed, personalize content and ads and track information about the performance of our advertisements.
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.
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.
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.
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.
Revoking Consent to 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 www.giftya.com/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).
Unsubscribing 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).
Additional Data Privacy Rights:
You may be able to exercise your rights to access, correct, or delete your personal information by making the change directly on your account page. You may also make these requests by sending an email to firstname.lastname@example.org, by using the toll-free number on the back of your card, or by sending your request by postal mail to the address below.
Please note that there are some limitations to these rights. For example, we will not be able to delete your personal information if we are required by law to keep it or if we hold it in connection with a contract with you. Similarly, access to your personal information may be refused if making the information available would reveal personal information about another person or if we are legally prevented from disclosing such information. If we cannot fulfill your request, we will inform you about why we cannot comply with your request.
Only you or a person legally authorized to act on your behalf may make a verifiable consumer request related to your personal information. Unless otherwise authorized by lae, you may make a verifiable consumer request for access or data portability twice within a 12-month period.
The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.
We endeavor to respond to a verifiable consumer request within 45 days of receipt (or other time period as specified by applicable law). If we require more time, we will inform you of the reason and extension period. Any disclosures we provide will cover the 12-month period (or other time period as specified by applicable law) preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests we will select a format to provide your personal information that is readily usable. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unwarranted.
Non-Discrimination: We will not discriminate against you for exercising any of your rights. Unless permitted by applicable law, we will not deny you goods or services; charge you different prices or rates for goods or services; provide you a different level or quality of goods or services; suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
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.
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’s 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.
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 changes to this privacy Statement, we will post the changes on this page and revise the “Updated” date. If we make material changes to the way we use Personal Information, we will make additional efforts to notify you, for example by posting a notice about the changes prominently on the Services in advance. Where required by applicable law, we will obtain your consent or give you an opportunity to opt out of such changes. Any changes will become effective when we post 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 email@example.com or by mail to GiftYa at 495 Mansfield Avenue Pittsburgh PA 15205.
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GiftYa, LLC provides its service as an agent of a licensed US bank (our “Financial Institution Partner”) and all funds associated with GiftYa purchases are held in one or more pooled accounts at our Financial Institution Partner. Please see our terms of service for more information.