Giftwalker, Inc. Privacy Policy

We at Giftwalker Inc. (“Giftwalker,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Giftwalker in connection with our Services, which are made available to you through a variety of platforms, including, but not limited to www.giftwalker.app (the “Website”) and our mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.”

Description of Users and Acceptance of Terms

We welcome many users to our Website and our App, and this Privacy Policy is intended to apply to all of them.

Users that visit our Website (“Visitors”) are only allowed to view publicly-available content. By visiting our Website, Visitors agree to our Privacy Policy and the accompanying Terms of Use.

Other users sign up to access and use our Services via the Platform such as by creating a gift registry for their special occasion (“Members”). We also welcome guests, who access, view and/or purchase gifts from a Member’s registry (“Guests”). By signing up, accessing, and/or using our Platform, each Member and Guest thereby agrees to our Privacy Policy and the accompanying Terms of Use.

This Privacy policy also applies to merchants that sign up to access and use our Services via the Platform such as fulfilling the orders for gifts purchased by Guests from Members registry (“Merchants”). By signing up, accessing, and/or using the Platform, each Merchant hereby agrees to our Privacy Policy and the accompanying Merchant Agreement.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in the Terms of Use (when such term concerns Visitors, Members or Guests) and the Merchant Agreement (when such term concerns Merchants).

The Information We Collect and/or Receive

In the course of operating the Platform and providing the Services, Giftwalker will collect (and/or receive) the following types of information. You authorize us to collect, receive, use and share such information as set forth in this Privacy Policy.

  1. Personal Information.

    When you sign up to become a Member, you will be required to provide us with personal information about yourself, such as your first name, last name, and e-mail address. If you sign-up through Facebook, or any other social media website, you are authorizing Giftwalker to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook, Inc., or such other social media company would provide to Giftwalker through their application programming interface (“API”). Such information may include, without limitation, your first and last name, social media user name, social media profile picture, unique social media identifier and access token, and e-mail address.

    If you contact us via the Contact Us page, you will need to provide your name and e-mail address. Our Third Party Partners also provide us with personal information that you have provided to such Third Party Partners. You authorize us to collect, store, and use, in accordance with this Privacy Policy, any and all such personal information. This Privacy Policy governs our use of this personal information; it does not govern, and we have no control over and will have not responsibility or liability for collection or use of your personal information by the Third Party Partners.

    All information that we receive under this section is collectively called “Personal Information.” We do not collect any Personal Information from Visitors, Members, Guests or Merchants unless they provide such information voluntarily.

  2. Billing Information.

    In order to process any cash gift transaction through the Platform (each, a “Transaction”), Guests may be required to provide certain billing information, such as information related to their debit card number, credit card number, expiration date, bank account information, billing address, activation code, and similar information (collectively, the “Billing Information”). Such Billing Information will be collected and processed by our Third Party Payment Processor pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Billing Information in connection with such Transactions.

  3. User Generated Content.

    User Generated Content (UGC) is any content that is made publicly available by users of a system. The systems most commonly used for posting UGC are social media websites, such as Facebook, Twitter, Instagram, etc. If you decide to post anything on a social media platform accompanied with the hashtag #ShareGiftwalker, you are thereby granting Giftwalker.app permission to copy, display, distribute, perform, publish, modify, and/or translate such media in any form, as long as we act in accordance with this Privacy Policy and the relevant laws regarding data privacy. We may also request permission to use UGC that is not accompanied with the #ShareGiftwalker hashtag, if we believe it could serve a legitimate business purpose. If permission is granted, you will be affording us the same rights to the content as if you had originally posted it with our hashtag. Generally, we will use UGC for advertising and marketing purposes. We will not attempt to claim ownership to any of the UGC we use, but it must be understood that we will also never compensate anyone for usage of their publicly accessible data. This right to use your UGC never expires, and we may also encourage third parties to use or archive such content as well.

    Due to the fact that UGC is available to the public, please be very attentive to the information you post on any social media platform. Any post that is discriminatory based on race, gender, sexual orientation, national origin, or a mental or physical disability is a violation of others' rights, and you may face legal consequences as a result. Your UGC must not be defamatory, sexually explicit, or used for political gain, and the content you post must not result in a breach of contract with us or a third party.

  4. Other Information.

    In addition to the Personal Information, we may collect or receive additional information (collectively, the “Other Information”). Such Other Information may include:

    1. From Your Activity. Information that we automatically collect when you use the Platform, such as the device from which you access the Platform and/or the Services, your IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Platform you visit, and similar information concerning your use of the Platform and/or the Services.
    2. From Cookies. Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We use cookies to help us collect Other Information and to enhance your experience using the Platform. If you do not want us to deploy cookies in your browser, you can opt out by setting your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. If you choose to disable cookies in your browser, you can still use the Platform, although your ability to use some of the features may be affected.
    3. Third-Party Analytics. We use third-party analytics services (such as Google Analytics) to evaluate your use of the Platform, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Platform and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Platform, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Platform.

    For Google Analytics, please visit https://www.google.com/analytics

Expectations of Third-Party Partners

Giftwalker.app expects all partners and any third parties we conduct business with to comply with relevant data protection and privacy laws at all times. We take every commercially reasonable step to ensure consistent compliance on our end. Transparency is becoming more of a focus for lawmakers when drafting new data privacy laws, so we have made it a priority to ensure all users of our site have the ability to find out how their data is being used, for what purpose, and for how long. We expect the same from all of our partners and any third parties, and will do our best to ensure that we do not conduct business with any individual person or entity that is not compliant with all relevant laws. If any user wishes to receive information pertaining to the use or collection of their personal data at any time, we expect all of our partners to be able to provide that information as necessary. If there is a breach of contract due to the failure of a third party to produce information, an injunction may be sought against that third party to suspend their business operations until they become compliant, and monetary damages may be sought for the actual breach.

The Information Collected by or Through Third-Party Advertising Companies

You authorize us to share Other Information about your activity on the Platform with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Platform, and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. You may opt-out of the tailoring of advertising based on information we collect. To learn more about the use of this information, or to choose not to have this information used by our providers or third party advertising partners by opting out, please visit the Network Advertising Initiative by clicking http://www.networkadvertising.org/managing/opt_out.asp

Information Collected through the Platform That IS NOT Covered by this Privacy Policy

Members may post information using blogs, forums and other similar features available through the Platform. NONE of the information you provide using these features is protected by this Privacy Policy. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION (INCLUDING PERSONAL INFORMATION) THAT YOU PROVIDE USING BLOGS, FORUMS OR OTHER SIMILAR FEATURES AVAILABLE THROUGH THE PLATFORM. ALL SUCH INFORMATION IS PUBLIC INFORMATION AND MAY BE SEEN, COLLECTED OR USED BY ANY USER OF THE PLATFORM.

How We Use and Share the Information

You authorize us to use the Personal Information, and the Other Information (collectively, the “Information”) to provide and improve the Platform; to solicit your feedback; and to inform you about our products and services and those of our promotional partners.

You also authorize us to use and/or share Information as described below.

  • Agents, Providers and Related Third Parties. We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our parent companies, subsidiaries, or other companies under common control with us.
  • Aggregated Information. In an ongoing effort to better understand our Visitors, Members, Guests and Merchants, we may analyze Personal Information with Other Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Platform. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics in order to describe the Platform to current and prospective business partners and to other third parties for other lawful purposes.
  • Business Transfers. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
  • Legal Requirements. We may disclose your Information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate to: (i) operate the Platform, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, or (iv) protect the personal safety of vendors, users of the Platform or the public.
  • Third Party Partners. We may disclose your Personal Information to our Third Party Partners to whom you provided your information as a part of the sign-up process for the Platform. Such Third Party Partners and the company who operates the Third Party Partner website may use your Personal Information for their own marketing and business purposes.
  • Third Parties Marketing Companies. With your permission, we may disclose your Personal Information to third party marketers (who may combine such Personal Information with their own records, and records available from other sources), for their own direct marketing purposes. If you opt-in to this information sharing and later want us to stop sharing your Personal Information with such third party marketers, please send an email with your name and address to info@giftwalker.app.
Accessing and Modifying Information and Communication Preferences

Members and Merchants may access, remove, review, and/or make changes to their Personal Information by e-mailing us at info@giftwalker.app. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Giftwalker marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. Members cannot opt out of receiving transactional e-mails related to their account with Giftwalker.

How We Protect the Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

External Websites

The Platform may contain links to third-party websites. Giftwalker has no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Children

We do not knowingly collect Personal Information from children under the age of 13 through the Platform. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

Important Notice to Non-U.S. Residents

The Platform and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By visiting the Website and/or accessing and/or using the Platform and/or the Services and/or providing us with any information, you consent to this transfer.

California Residents

Under California Civil Code Section 1798.83, California residents who have an established business relationship with Giftwalker may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to info@giftwalker.com.

In addition, Giftwalker does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

For Residents of the European UnionEuropean Privacy Rights

For those within the European Economic Area (EEA), the General Data Protection Regulation (GDPR) that went into effect on May 25, 2018 has afforded you certain rights to your personal data. These rights are as follows: (a) the right to access any personal information being held about you, (b) the right to have any personal information being held about you permanently deleted (provided that the information is not required to comply with a legal obligation or to exercise a legal claim), (c) the right to rectify any inaccurate personal information without undue delay, (d) the right to restrict processing of your personal information (provided that processing is not required to comply with a legal obligation or exercise a legal claim), (e) the right to request transfer of your personal information directly to a third party if technically feasible, and (f) the right to object to processing of any personal data at any time.

Right to Object to Direct Marketing

All users can object to the processing of personal information for the purposes of direct marketing at any time, free of charge. If you feel that we are not adhering to the GDPR or our Privacy Policy at any time, you have the right to file a complaint with an EU Data Protection Authority.

Use of Collected Information

Giftwalker.app will only use the information collected from and about you on the following lawful grounds:

  1. Use is necessary to perform a contract we have entered into or are about to enter into with you;
  2. Use is necessary for our legitimate business interests;
  3. Compliance with a legal or regulatory obligation is required; or
  4. Where consent has been provided (which can be withdrawn at any time)

If none of these conditions will be satisfied by the use of your personal information, then such information will be permanently deleted from our system accordingly.

In addition to the personal information you provide to us, we may also use publicly available information as well as information gathered from you by third parties to improve your shopping experience, inform you about new products or promotions, or for any other legitimate business purpose.

Right to Erasure

All users of Giftwalker.app have the right to request that any and all Personally Identifiable Information (PII) associated with their account be erased. Once a data subject access request (DSAR) is filed and customer identity is verified, the Company must respond to and fulfill such request within 30 days. When an account is “erased,” all PII associated with the account will be permanently deleted, leaving the existence of an anonymous account solely for the purpose of maintaining proper transactional records. The right to erasure strictly pertains to PII, and it must be explicitly understood that transactional history will not be deleted from the Company’s records for any reason. The right to erasure exists to protect users of websites from having their PII stored, transferred, or otherwise utilized by another entity in any manner without proper consent. It will not extend so far as to limit the financial responsibilities and legal obligations that Giftwalker.app has to its customers, employees, partners, and the authorities.

Third-Party Partners

When Giftwalker.app members sign up through one of our software partners, we begin sharing customer data with that partner. While we are directly responsible for our handling of your information, users must be aware that our partners also store customer information for their own business purposes. Therefore, when a member desires to invoke their right to erasure, the member must send deletion requests to any partner websites they signed up through as well as to Giftwalker.app to have the totality of their data erased.

Members or guests of Giftwalker.app who elect to have their PII deleted from our system may do so by contacting info@giftwalker.app.

Right to Access

All users of Giftwalker.app have the undeniable right to ask about and obtain a complete and accurate report on the data being stored about them. If you would like to request a report on the data we are storing about you, email us at info@giftwalker.app.

Transmitting PII + Responding to DSARs

It is against our policy to send PII without proper safeguards. When a user requests a report on the data being stored about them, certain guidelines must be followed:

  1. A DSAR (Data Subject Access Request) must be sent by the user whose information is being requested to info@giftwalker.app.
  2. The user’s identity must be verified by the submission of a photo ID that clearly shows the user’s legal name. (This is so we can match the name on the photo ID with the name on the Giftwalker.app account.)
  3. Giftwalker.app will send the user an encrypted, password-protected email containing the PII requested.
  4. Giftwalker.app will send the user a separate email containing the password that unlocks the encrypted PII in the email.
Option to Password-Protect Your Account

If you create a wedding registry with us, you consent to us posting the names of both yourself and your partner on our website. This information may unwittingly reveal your sexual orientation to website visitors. If you wish to limit access to this information, you have the option to password-protect your account so that only individuals with your password will be able to view your wedding registry. You can find this option under the "Visitor setup" section in our "Settings" menu.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Platform. By accessing the Website and/or using the Platform after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact Giftwalker via e-mail at info@giftwalker.app with “Privacy Policy” in the subject line.