Privacy Policy

GiftPocket Privacy Policy

Valid as of August 17, 2017

This Privacy Policy (“Policy”) provides you with information about GiftPocket’s (“Company”) use of information it receives from users of GiftPocket products and services and any other GiftPocket features, technologies, and/or functionalities offered by Company on our website, in the GiftPocket app or through any other means (the “GiftPocket Services”).  The GiftPocket Services are provided to you subject to this Policy as well as our User Agreement (“Agreement”) which is available at www.giftpocket.com and is incorporated in this Policy by this reference.

BY USING ANY MATERIALS, PRODUCTS, OR SERVICES OFFERED BY THE COMPANY, INCLUDING BUT NOT LIMITED TO THE COMPANY OR GIFTPOCKET WEBSITES, GIFTPOCKET SERVICES, OR ANY RELATED OR AFFILIATED THIRD PARTY MATERIALS, YOU REPRESENT YOU HAVE READ THE POLICY IN ITS ENTIRETY, AND YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS POLICY.

 

In General

We may collect Personally Identifiable Information (PII) from you when you use GiftPocket Services or the Company website.  PII means individually identifiable information that would allow us to determine the actual identity of, and contact, a specific living person.

PII may include, but is not limited, to information, comments, or content that you optionally provide.  PII does not include “aggregate” information, which is data we collect about the aggregate use of the GiftPocket Service or about a group or category of service or users, or data that has been reasonably de-identified and from which individual identities or other personally identifiable information has reasonably been removed.  This Policy in no way restricts or limits our collection and use of aggregate or de-identified information. When you provide personal information through the GiftPocket Services, the information may be sent to servers located in the United States and countries around the world.  This privacy policy applies to all information we collect through our web and mobile applications from the website and GiftPocket Services users, including you.

 

The Information We Collect

When you visit our website or use our mobile application, we collect your IP address and standard web log information, such as your browser type and the pages you accessed on our website. If you open an account and use GiftPocket Services we collect the following information from you:

  • Account information – text-enabled cellular/wireless telephone number, machine or mobile device ID and other similar information.
  • Identification Information – your name, street address, email address, date of birth, credit and debit card information, gift card information, or other personal and personally identifiable information as required by GiftPocket Services.
  • Social Web Information – including but not limited to your Facebook connect credentials (and information that you authorize Facebook share with us though permissions and email account information.
  • Financial Information – credit card account information including, but not limited to credit card number, expiration date and CVV number.
  • Cookies and use of similar data- We may assign your device one or more cookies or other technologies that facilitate access to our Service and to personalize your experience. Using a cookie, we also may automatically collect information about your activity on our website and use of GiftPocket Services, such as the pages you visit, the time and date of your visits and the links you click.
  • For Security – information about your computer or other access device for fraud prevention and   other similar purposes.

We are committed to providing a safe and secure service. Therefore, before permitting you to use GiftPocket Service, we reserve the right to require additional information from you we can use to verify your identity, address or other information or to manage risk and compliance throughout our relationship.

Finally, we may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey.

 

How We Protect and Store Information

In General

We protect your information by physical, electronic and procedural safeguards in compliance with applicable U.S. federal and state regulations.  We also use and enforce physical access controls to our office and files and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.

We make commercially reasonable efforts to ensure security on our systems. Despite our efforts, we cannot guarantee that personal information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. Therefore, we urge you to take adequate precautions to protect your personal data as well, including never sharing your GiftPocket Services password with anyone.

Data Retention

We keep your information only as long as we need it for legitimate business purposes and as permitted by applicable legal requirements. If you close your account, we will retain certain data for analytical purposes and recordkeeping integrity, as well as to prevent fraud, enforce our User Agreement and Privacy Policy, take actions we deem necessary to protect the integrity of our Service or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies.

Children’s Information and Privacy

The Company takes the safety of children very seriously. We restrict the use of our service to individuals age 13 and above. We do not knowingly collect, maintain, or use personal information from children under the age of 13.

 

How We Use the Information We Collect

In General

We may use information that we collect about you through our website or through GiftPocket Services for various purposes including but not limited to:

  • deliver and improve our products and services, and manage the Company;
  • manage your account and provide you with customer support;
  • perform research and analysis about your use of, or interest in, our or others’ products, services, or content;
  • perform analytics for various purposes such as personalizing and improving our users’ experiences with the Service (such as providing content or features of interest), and to increase the GiftPocket Service’s functionality and user friendliness;
  • investigate and prevent fraudulent transactions and other illegal activities;
  • communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third parties;
  • rent, sell, or share aggregated or anonymized PII; and
  • perform functions or services as otherwise described to you at the time of collection.

With Whom We Share Your Information

  • Service providers- We may share information, including personal and financial information, with third parties that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, member screenings, supporting our website and the GiftPocket Services functionality, and supporting contests, sweepstakes, surveys and other features offered through our website and the GiftPocket Services. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
  • Other Situations- We may disclose your information, including personal information:
    • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
    • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our User Agreement or other agreements or policies.
    • In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Use of Personally Identifiable Information

We will not knowingly share the personally identifiable information we collect from you through the GiftPocket Services with third parties, except as described in this Policy. For example, we may share personally identifiable information as follows:

  • with vendors, consultants, and other service providers (such as a credit card processing company to bill you for the GiftPocket Services and an email service provider to send out emails on our behalf) who are engaged by or working with us in connection with the operation of the Service and who need access to such information to carry out their work for us;
  • with fraud prevention companies that may use information about you to help us and their other clients prevent fraudulent or other illegal transactions;
  • when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or to respond to lawful requests or legal authorities including, but not limited to, responding to lawful subpoenas, warrants or court orders;
  • when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of GiftPocket, our users, our employees, copyright owners, third parties or the public including, but not limited to, protecting GiftPocket or our users from fraudulent, abusive, inappropriate, or unlawful use of the Service;
  • to enforce or apply this Policy, our terms of service, or our other policies or agreements; and
  • in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personally identifiable information may be disclosed or transferred as one of the business assets of GiftPocket.

Use of Non-Personally Identifiable Information

The Company shares information in an aggregated or de-identified form that does not reasonably identify you. We may use, sell, rent or share non-personal information and anonymized PII we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on the Company website, GiftPocket Services, and on websites or applications of third parties, and to analyze and report on advertising you see. We also may share aggregated, non-personal information, or PII in hashed, anonymized, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis, advertising, marketing, or other business purposes.

Third Party Websites

There are places on the Company website and in the GiftPocket Services app where you may click on a link to access other websites that do not operate under this Privacy Policy. These third party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting.  The Company is not a party to any such third party agreements and such agreements exist solely between you and the third party. This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information or PII relating to users of the website.

Changes to This Policy

We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on this Policy the date it was last updated and, in some cases, we may provide you with additional notice (such as by adding a statement to the homepage of our App and/or websites or by sending you an email notification). We encourage you to review this Policy from time-to-time to make sure that you understand how any personally identifiable information you provide to us or collected about you will be used.