NEW YORK, NY
LAST UPDATED JUNE 1, 2019
How we collect, use, disclose and share information from or about you;
How our online advertisements (such as banner ads) on third party sites treat data;
Your choices about our use of your personal data;
How you can access and update your information; and
How you can exercise your rights
Personal Data Collected by Us
In brief: If you use our services, we will collect personal information about you.
We collect information before, during or after you send, accept or purchase a gift or if you contact our customer support. For example, we collect information when you choose or accept a gift or fill out a form. The types of information we collect includes your name, email address, postal mailing address, and phone number. We collect information about the gift such as which product you are giving or accepting, any selected options such as sizes and colors and its price. We also collect information about where you are in the gifting process, such as which steps you have or have not completed to send, buy or accept a gift.
We log information about the type of browser you use, access times, pages viewed, your IP address, your location and the page you visited before navigating to our services. We collect information about the device you use to access our services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
When you submit online forms, participate in surveys, contests, promotions, or sweepstakes, join online chat discussions, request customer support, submit testimonials, gift messages, thank-you notes, we collect information you choose to share. Any information you provide in these areas may be read, collected, and used by others who access them. To request removal of this information, contact us at email@example.com. If we are unable to remove your information, we will let you know why.
We may display personal testimonials of satisfied customers on some of our sites and in online and print advertisements. With your consent, we may use your testimonial and your name. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org.
Our Use of Your Personal Data
In brief: We use your personal data to provide you with high-quality services. Your privacy is our priority. So, we would not use your data for unlawful purposes.
We log your IP address for administration purposes and broad demographic analysis, but we do not link this information to any personally identifiable information. For analytical purposes, we track the number of visits from the same IP address.
We use your name, email address and phone number to communicate with you during or after you send, buy or accept a gift or if you contact our customer support. We use the postal mailing address provided by gift recipients solely to facilitate the physical delivery of a chosen gift. We may send you promotional emails and deliver our newsletter to you. If you would like to stop receiving promotional emails from us, please send an email to email@example.com with the word “Unsubscribe” in the subject line, or use the unsubscribe link in any of those emails.
Legitimate Interests Under the European Union’s General Data Protection Regulation (“GDPR”) and other applicable laws
|Purposes of Use (See Above)||Legal Bases of Processing (where applicable)|
To provide our services and customer care
For personalization marketing, advertising and referrals
For analytics and improvements to our services
To protect our rights, prevent misuse and comply with legal obligations
To perform general business operations
*For Personal Data from the EU that we process, this column describes the relevant legal bases for such processing under GDPR (and local implementing laws of EU member states); this does not limit or modify the obligations, rights and requirements under the privacy laws of non-EU jurisdictions.
** For personal data from the EU, the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. We only market to EU consumers following opt-in consent.
Sharing Your Data
In brief: We share some of your personal data with others in order to provide you with our services. Don’t worry. We would not sell your data or give it to spammers.
If you send, buy and accept gifts through our services, we will share the personal data collected by us with the brand or retail partner who provides our services to you. That brand or retailer may use your personal data to send you promotional materials. Before sending, buying and accepting gifts through our services, please make sure that you have read the privacy policies of that brand or retailer.
Correcting Your Personal Data
In brief: If you would like to access, modify, or delete your personal data, just contact us.
We allow you to access, modify, or delete the personal data collected by us. If you would like to do so, please contact us at firstname.lastname@example.org.
Keeping Your Data
In brief: We keep your personal data only until it is needed for the provision of our services or required by law.
We will retain your information for as long as needed to provide you services and up to a period of no longer than seven years thereafter. If you ask to delete your information, to the extent permitted by applicable law, we may retain and use your personal data only as necessary to comply with our legal obligations.
In brief: We do a lot to make our services as secure as possible.
We are committed to protecting your information and your personal data. Our databases are encrypted at rest and in transit and our servers are protected and only employees and a limited number of contractors of Smartgift, Inc. can access the data we temporarily store as we mentioned above.
In brief: These cookies you can’t eat.
We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.
We partner with third party ad networks to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you personalized advertising based upon your browsing activities and interests.
Opting Out of Ad Networks
Share and Like Buttons
In brief: You might not like sharing or liking us.
We know that you like to click on “Share” and “Like” buttons. Therefore, our services feature “Share” and “Like” buttons from Facebook, Twitter, Instagram and Pinterest. However, these “Share” and “Like” buttons may track users. Before using our services, please make sure that you are familiar with the privacy policies of Facebook, Twitter, Instagram and Pinterest.
Image Submissions and Public Directories
Some of our services may offer you the ability to upload your own image to be used to create a personalized product. You should be aware that any information you provide may be read, collected and used by others who access them. You may request removal of your information at any time. To request removal of your personal data from these public forums, please email us at email@example.com or contact us by postal mail at the contact information listed below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Marketing and Newsletters
If you subscribe to our newsletters, we will use your name and email address to send them to you. You may choose to stop receiving our newsletter or marketing emails at any time by following the unsubscribe instructions included in these emails or by contacting us at firstname.lastname@example.org.
Access and Correction
Upon your request we will provide you with information about whether we hold any of your personal data. You may access, correct, update, amend, remove, ask to have it removed by emailing us at email@example.com or by contacting us by postal mail at the contact information listed below at any time. We will endeavor to respond to your request within a reasonable time.
You may contact us as set forth below to access or amend your personal data, to request that we rectify, delete or stop processing your personal data, to withdraw your consent to our processing, and, if you are an EEA resident, to exercise your opt-out rights or place a data portability request. We do not charge for these services but do require evidence of your identity. Once we have received evidence of your identity we will commence fulfillment of your request and respond within no more than thirty (30) days.
Where we are acting as a data processor, we will direct individuals who seek access, or to correct, amend, or delete inaccurate data, to direct their query to our partner or client who has the direct relationship (the data controller).
EU Data Subject Rights
EU individuals have the following rights (when we are acting as a processor, individuals must exercise these rights with the data controller):
Access, Rectification, Portability and Deletion
You have the right to access your personal data held by us. You may do so by sending an email to firstname.lastname@example.org. In addition, you may also have the right to request that certain personal data be exported to another provider where technically feasible, and under certain conditions to object to or restrict our use of certain personal data.
Where we process your personal data on the basis of your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
Object to Processing
You have the right to object to processing (including profiling) based on legitimate interest grounds, where we are relying upon legitimate interests to process personal information. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defense of legal claims. where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
Object to Marketing
You have the right to object to our use of your personal information (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.
You have the right to lodge a complaint with a supervisory authority.
Any requests in relation to your rights should be directed to email@example.com (or at the contact us information shown below). Please keep in mind that certain services will not be available if you withdraw your consent, or otherwise delete or object to our processing of certain personal data. We will respond to your request in accordance with applicable law, and we will inform you if we do not intend to comply with your request.
Protecting Children’s Privacy Online
Our sites are not directed to children and we do not knowingly collect information from children under 16, and we request that such individuals do not provide personal data through our sites.
If you have any questions or concerns regarding the way in which your personal data is being processed or you want to exercise your rights above, please reach out to us using the contact information below:
Chief Privacy Officer
175 Pearl Street
Brooklyn, NY 11201
Where we act as joint controllers with our affiliates, please contact us and we will work with our affiliates to properly respond to your inquiry or request.