Privacy Policy

Last Updated: November 1, 2011

 

GiftSimple, LLC ("GiftSimple," "we" or "us") is committed to protecting your privacy and we created this policy (the "Privacy Policy") to give you confidence as you visit www.GiftSimple.com (the "Site") and use the GiftSimple social media application (the "Application") and the services available on/through or in connection with the Site and Application (the "Services") and to demonstrate our commitment to fair information practices. Your use of the Site, the Application and all Services is governed by this Privacy Policy and the Terms of Use, which are expressly incorporated herein by reference. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OUR SITE OR USING OUR APPLICATION OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THESE TERMS AND CONDITIONS. If you do not agree to this Privacy Policy do not access the Site or use the Application or Services.

1.      Changes to the Privacy Policy

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy, so please review it frequently. In the event of any such changes, we will post a notice on our Site and/or notify you of any such changes by email and provide you a link to the modified Policy. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

2.      The Privacy Policy, Site, Application and Services

This Privacy Policy is only applicable to our Site, Application and Services and not to any other websites, applications or services that you may thereby be able to access (whether through an advertisement, service or external hyperlink) or to any website of GiftSimple's partners, if any, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

While you may use some of the functionality of the Site and Application without registration, many of the Services require you to register with us using an active, valid Facebook account.  In addition to this Privacy Policy, use of the Services is governed by the Facebook Principles and Policies (accessible at http://www.facebook.com/home.php?ref=home#!/terms.php and expressly incorporated herein by reference). Please review these terms and conditions carefully before using any of the Services in conjunction with Facebook.

If you use our Site without registering, the only information we collect will be non-personally identifying information ("Non-Personal Information").  If you choose to register with us and/or use certain of the Services, we collect certain personally identifying information, including but not limited to: your first and last name, Facebook username and those of your Facebook friends, your email address, your date of birth and the date of birth of your friends (collectively, "Personal Information"). You are responsible for ensuring the accuracy of the Personal Information you submit. Inaccurate information will affect the content you receive when using our Site, your ability to use the Application and Services, and our ability to contact you as described in this Privacy Policy.

Further, if you choose to use certain Services requiring or involving any payment of any kind, WePay ("WePay") (the third party payment processing service with which we contract) may collect certain personally identifying information from you, and any and all use of such Services is governed by the data collection and privacy policies of WePay. GiftSimple has no control over and is not responsible for the data collection practices or privacy policies of WePay. Please review them carefully before using any such Services.

3.     Information We Automatically Collect/Use

Even if you do not register with us, we collect certain Non-Personal Information about your use of our Site, Application and Services.

A. Cookies

We use "cookies" to customize your experience with the Services and to store certain of your Personal Information so you do not have to re-enter it each time you visit the Site or use the Application.  Cookies are small computer files that are transferred to your computer's hard drive which contain information such as your username, preferences, the pages you've visited and the activities you've performed. We do not link the information stored in cookies to any of your Personal Information without your permission.  You may block or delete cookies from your hard drive; however, by disabling cookies, you may not have access to all of the Services.  Some of our business partners also use cookies to provide us with anonymous data and information regarding our users. We do not have access or control over these cookies and our Privacy Policy does not cover the use of third party cookies.

B. Web Beacons/Pixel Tags

We or our third party tracking utility company may also use "web beacons" or "pixel tags" to collect anonymous information about your use of our Site and Application Services and your use of emails, special promotions or newsletters we or selected sponsors, partners or advertisers may send to you. Web beacons and pixel tags are tiny graphic image files embedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the user's browser. The information collected by web beacons allows us to statistically monitor how many people are using our Services and selected sponsors', partners' and advertisers' websites and opening emails, and for what purposes. Our web beacons are not used to track your activity outside of our Site and Application. We do not link Non-Personal Information from web beacons and pixel tags to Personal Information without your permission.

C. Traffic Data

We automatically track and collect the following categories of information when you visit our Site or use our Application: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site and Application; (4) types of web browsers used to access the Site and Application; (5) referring Uniform Resource Locator ("URL") which may have sent you to the Site or Application; and (6) other information associated with the interaction of your browser and the Services (collectively "Traffic Data"). We do not link Non-Personal Information from Traffic Data to Personal Information without your permission.

4.     Your Personal Information

A. If you choose to register with us and/or use certain of the Services, we collect certain Personal Information. We use the Personal Information that you provide to, in connection with the provision of certain Services, send you emails concerning Site and Application maintenance, updates and administration and for promotional, research and marketing purposes. You may opt-out of receiving communications from GiftSimple at any time by contacting us at: help@GiftSimple.com.   Subject to this Privacy Policy, if you submit any feedback to or request information from GiftSimple, we may use any of the information you submit in connection therewith, or any Personal Information and Non-Personal Information when responding to your inquiries. 

B. We do not knowingly collect Personal Information from children under the age of thirteen (13).

C. We may use your Personal Information to respond to your questions, to send you information about, troubleshoot and enhance the operation and administration of the Site, Application or Services, to help manage your transactions with our sponsors or partners, in connection with the provision of certain Services and for promotional and marketing purposes.

GIFTSIMPLE DOES NOT SELL, RENT OR SHARE YOUR PERSONAL INFORMATION WITH ANY THIRD PARTIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN. We share Personal Information with our business partners who assist us in performing services, such as Site hosting, data storage, payment processing/billing market research and analytics and security, related to our operation of the Site and Application Services. Those partners will be bound and abide by the Privacy Policy and will only use your Personal Information to carry out their specific business obligations to and to help us provide and continuously improve the Services.

Lastly, we may transfer information about you to another company in connection with a merger, sale or acquisition by or of GiftSimple.  In this event, we will use reasonable efforts to notify you before your Personal Information is transferred and becomes subject to a different privacy policy. We further reserve the right to disclose your Personally Information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process and/or to protect the rights, property or safety of a third party.

5.     Information Collected by Third Parties

Certain content accessible on the Site and/or in connection with the Application may be served on websites hosted and operated by a company other than GiftSimple ("Third Party Sites"). GiftSimple does not disclose your Personal Information to these Third Party Sites without your consent, but you should be aware that any personally identifying information you disclose once you access these other websites is not subject to this Privacy Policy. GiftSimple does not endorse and is not responsible for the privacy and data retention practices of these Third Party Sites. You should review the privacy policy posted on any other Third Party Site you access to understand how it collects and uses your information.

    6. Security

Any Personal Information we collect about you is stored on a secure, password-protected server and only authorized personnel have access to your Information. We use industry-standard encryption technologies with respect to the receipt and transfer of Personal Information you submit. In the event we request or transmit certain sensitive data, such as your credit card information, we use industry standard, secure socket layer ("SSL") encryption.  All supplied sensitive information is transmitted into our payment gateway provider's database only to be accessible by those authorized with special access rights to such systems, and who are required to keep the information confidential.  Nevertheless, despite our best efforts, you should be aware that no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time.

7.     Transfer and Storage of Data

The Site and Application are hosted on servers in the United States. Accordingly, if you are located outside of the United States, the Personal Information you provide to us will be transferred to the United States. By submitting your Personal Information, you consent to its transfer and storage in the United States and its use in accordance with the purposes for which it was originally collected.

8.     Opt-Out

Upon request, we will delete any or all of the Personal Information that we may have about you from our databases. You may make such a request by contacting us at: help@GiftSimple.com.

9.     Notice of Privacy Rights to California Residents

Pursuant to the California Online Privacy Protection Act and the California Business and Professions Code, upon request, we will provide you with the categories of Personal Information we collect through the Services and the categories of third parties with whom we share your Personal Information for direct marketing purposes. Upon request, we will also provide you with the names and addresses of any third parties with whom we share your Personal Information and examples of the goods or services marketed by those companies and offer you the opportunity to restrict which such third parties we may share your Personal Information. To request any or all of the above, please email us at: help@GiftSimple.com. We will respond to all such requests in thirty (30) days or less.

If you have any questions about our Privacy Policy, please contact us at:

GiftSimple, LLC
help@GiftSimple.com
(914) 960-7000

Copyright © 2011 GiftSimple, LLC. All rights reserved.