Privacy & Terms
Terms & Conditions
GiftPocket User Agreement
(valid as of January 6, 2023)
You (“You,” “Your,” or “User”) agree to the Terms and Conditions contained in this User Agreement (“Agreement”). This Agreement applies to Your use of GiftPocketTM (“Company”, or “we”) 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 (“GiftPocket” or the “GiftPocket Services”). The GiftPocket Services are provided to You subject to this Agreement as well as our Privacy Policy (“Privacy Policy”) which is available at www.giftpocket.com and is incorporated in this Agreement 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 AGREEMENT IN ITS ENTIRETY, AND YOU AGREE TO AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
When You exchange a gift card using GiftPocket Services (including GiftPocket Exchange and GP Points), the current version of these Terms and Conditions govern Your transaction. Once you exchange a gift card and receive GP Points, they are not refundable. GP Points are not money, currency, or any type of equivalent of money or currency. A User’s unused GP Points have absolutely no value and may only be used to purchase Gift Cards available on the GiftPocket app.
PLEASE READ: Class Action Waiver; Waiver of Right to Jury
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD-PARTIES.
This Agreement contains a mandatory arbitration clause. Please read paragraph III (h). This clause eliminates Your right to take a matter to court except for small claims court.
I) Terms of GiftPocket Services
GiftPocket is an app that allows You to store gift cards (“Gift Cards”) typically used at bricks and mortar retailers and websites. GiftPocket also offers an easy way to exchange unwanted Gift Cards for GP Points, which can be used to purchase Gift Cards on the GiftPocket app through its business partners. Users may not exchange or purchase Gift Cards until they provide a valid credit card. Once a User exchanges a Gift Card, they may not use the Gift Card again. Even if the Gift Card indicates it retains value, Users agree not to use the Gift Card if they have exchanged it through GiftPocket. The User may not use the Gift Card even if their GP Points are not yet reflected in their account. If the User uses the exchanged Gift Card, the User hereby authorizes the Company to charge the credit card on file for the full amount the User redeemed of the exchanged Gift Card and the User will be blocked from the GiftPocket Services. GiftPocket may provide You with a different exchange offer if the initial exchange does not process.
Users may login to the app to store Gift Card information and view their available account balances for each Gift Card. The Company is not a merchant, vendor, issuer, financial institution, buyer, seller, or otherwise a party to any Users’ transactions. The Company is not the issuer, buyer, or seller of any of the Gift Cards used or available through GiftPocket Services and is not related to any merchant whose trademarks, Gift Cards, or materials appear on, without limitation, the Company’s website, materials, or any materials relating to the GiftPocket Services. GiftPocket Users retain title and/or all ownership of and rights and licenses to Gift Cards displayed in the GiftPocket app. Your Gift Card balance provided on the app may or may not be correct. While we will seek the card balance when your card is added to Your Pocket, and at regular intervals therafter, You acknowledge that GiftPocket does not guarantee the balance on any gift card, and that You should contact the card issuer for a correct balance. We may add, change, suspend or eliminate any or all GiftPocket Services with or without notice at any time.
Eligibility and Account Registration
GiftPocket is not directed to children under 13 years of age and children under 13 may not create an account. To be eligible to use the GiftPocket Services, You must be a resident of the United States and either be 18 years or older or be 13 years or older and obtain permission from a parent or other guardian. You may only use GiftPocket Services in the United States and for individual, personal, non-commercial use. To use the GiftPocket Services, You must create an account with a cellular/wireless telephone number that You own or are authorized to use. You may also register by connecting with Your Facebook®, Google®, or Apple® account but we may need additional information to create Your account.
As further detailed in our Privacy Policy, in order to register, create and use an account, Company may require that You submit certain Personal Information (as defined in the Privacy Policy) to Company. You agree that the all of the information (including Personal Information) You provide to Company upon registration and at all other times will be true, accurate, current and complete. You agree to maintain and update this Personal Information with us as necessary. Company reserves the right to cancel any account at any time for any reason and without notice. You still own all of the Gift Cards You may have stored for convenience purposes with Your GiftPocket account even if Company has closed or cancelled Your account. The Company expressly disclaims any liability arising from a minor’s failure to obtain parental permission before using, without limitation, any GiftPocket Service, site, or other material in accordance with the terms of this Agreement.
Safety; Your Interactions with other Users
The Company is not responsible for the conduct of any User on or off the GiftPocket site or platforms or any Third-Party site regardless of its affiliation with the Company or GiftPocket Services.
II) Third-Party Agreements
GiftPocket uses third-party services (“Third-Party” or “Third-Parties”) for, exchanging Gift Cards, (called GiftPocket “Exchange” on the app and website) linked to a User’s GiftPocket account. The Company also uses Third-Parties for buying Gift Cards. You agree that GiftPocket may provide to any such Third-Party any information required to process or complete Your transaction. You acknowledge that any transaction with or involving Third-Party is governed exclusively and without limitation by the Third-Party’s applicable Terms of Use or other comparable document. The Company may provide links or services to including, but not limited to: third-party websites, apps, mobile services or other third-party services and may also display, link to or otherwise make available third-party content, data, information, events, apps or materials. GiftPocket does not control these Third-Parties and makes no representations or warranties of any kind, regarding any Third-Party materials including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. Your use of Third-Party materials is at Your own risk.
GiftPocket is not responsible for any issues, legal or otherwise, that may result from Your use of the Third-Party materials, including any loss, damage or harm of any sort incurred as a result of Your use of Third-Party materials. If You access or use any Third-Party materials, Gift Pocket’s Terms and Conditions, including those set forth in this Agreement no longer govern. You should review the applicable Terms and Conditions of Third-Party materials to which You navigate from the GiftPocket Services.
GiftPocket stores any value You receive from the Exchange of Gift Cards as GP Points. All GP Points, including promotional Points, are not refundable. You may use Your GP Points, however, to purchase more Gift Cards to redeem their value. GiftPocket calculates GP Points as 10 (ten) Points for every 1 (one) dollar of Exchange value You receive for a Gift Card. GiftPocket may provide GP Points for promotional purposes. The Company may end this program or change the terms of the program, including setting expiration dates, at any time.
III) General Terms and Conditions
Notices to You
You agree that Company may provide notice to You by posting it on our website. Such notice shall be considered to be received by You within 24 hours of the time it is posted to our website.
Calls and Text Messages to You
By providing Company a telephone number (including a wireless/cellular telephone), You consent to receive autodialed and/or prerecorded message calls from Company at that number should the need arise. You also consent to receive text messages at that number. If You withdraw Your consent, GiftPocket will not cancel Your account or change Your services in any way. This section does not affect consent for push notifications or in app messages which You can control from the settings on Your mobile device.
Intellectual Property
“GiftPocket.com,” “theGiftPocket.com”, “GiftPocket,” “GiftPocket Services” “GP Points” and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Company or its licensors. You may not copy, imitate or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. Certain other product or service names, brand names and company names may be trademarks of their respective owners.
Privacy
Protecting Your privacy is very important to us. Our Privacy Policy can be found at www.giftpocket.com/privacy-policy and is fully incorporated into this Agreement by reference. Protecting the privacy of Young children is especially important. We do not knowingly collect or solicit personal information from anyone under the age of 13.
Restricted Activities
In connection with Your use of our website, Your account, or the GiftPocket Services, or in the course of Your interactions with Company, a User or a Third-Party, You will not:
breach this Agreement or any other Agreement that You have entered into with Company (including a policy);
violate any law, statute, ordinance, or regulation;
infringe Company’s or any Third-Party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
commit fraud through the use, exchange or purchase of Gift Cards
act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
provide false, inaccurate or misleading Personal Information;
send or receive what we reasonably believe to be potentially fraudulent information;
refuse to cooperate in an investigation or provide confirmation of Your identity or any Personal Information You provide to us;
use an anonymizing proxy;
control an account that is linked to another account that has engaged in any of these restricted activities;
control or possess more than one account without authorization from Company;
facilitate any viruses, Trojan horses, worms or other malware computer programming routines that may damage, detrimentally interfere with, bypass, surreptitiously intercept or expropriate any system, data or information, or that may monitor or copy our website or app without permission; or
take any action that may cause us to lose any of the services from our internet service providers, payment processers or other suppliers.
Your Liability
Under this Agreement, You are solely responsible for complying with all applicable federal, state and local laws and regulations. You are responsible for all fees, fines, penalties and other liability incurred by Company, a GiftPocket User, or a Third-Party caused by or arising out of Your breach of this Agreement, and/or Your use of the GiftPocket Services. You agree to reimburse Company, a User, or a Third-Party for any and all such liability.
Actions by Company
At any time, for any reason and without notice, we may:
close, suspend, or limit Your access to Your account or the GiftPocket Services;
communicate with Third-Party merchants about You or Your account;
update inaccurate information You provided us;
refuse to provide our GiftPocket Services to You in the future; and
if necessary, take legal action against You.
Charitable Donations We May Make
We may offer to donate money to a nonprofit organization You choose after you purchase a gift card. Our offer to do so has no cash value and does not represent a donation in your name. We will send donations we make to nonprofits based on our agreement with that nonprofit. We may choose at any time not to make any donations or to make donations different from the one You chose.
Law and Forum for Disputes; Arbitration
If a dispute arises between You and Company, our goal is to learn about and address Your concerns and, if we are unable to do so to Your satisfaction, to provide You with a neutral and cost-effective means of resolving the dispute quickly. Disputes between You and Company regarding our services may be reported by emailing us at the following email address: info@GiftPocket.com.
This User Agreement shall be governed in all respects by the laws of the State of Ohio, without regard to conflict of law provisions, except to the extent that federal law applies.
ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES OR A SIMILAR SUCH SERVICE. The Arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
There are only two exceptions to this Agreement to arbitrate. First, if we reasonably believe that You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Columbus, Ohio if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, You agree to submit to the personal jurisdiction of the courts located within Columbus, Ohio to litigate such claims or disputes.
Disclaimers of Warranty; Damages Exclusions
Unless otherwise prohibited by law, You assume all responsibility for Your use of the GiftPocket Services and use them at Your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Company does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or that servers that process information for the services, are free of viruses, bugs or other harmful components. Company makes the following disclaimers set forth in this section: the GiftPocket Services are provided on an “as is,” “as available” and “with all faults” basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Company, any Third-Party, or any of the Covered Third-Parties. Neither Company, nor any Third-Party, nor any of the Covered Third-Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment Your use in accessing any of the services, including, but not limited to, Your mobile phone or other device.
COMPANY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE GIFTPOCKET SERVICES, AND YOU AGREE TO HOLD COMPANY HARMLESS AND INDEMNIFY COMPANY FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions You grant to the external social media network.
None of Company, any Third-Party or any of their respective affiliates, vendors, agents or suppliers will be liable for, and You agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to any damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose. Company cannot ensure that any party You are dealing with will complete the transaction or is authorized to do so. Company makes no representations or warranties regarding the amount of time needed to complete processing.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitations on Liability
Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, Company’s cumulative liability to You for any claims or damages arising out of or related to Your use of the GiftPocket Services shall not exceed the greater of the fee You paid to Company for the use of the GiftPocket Services, if any, or $1.00 USD.
These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate You for any losses; or Company, any Third-Party knew or should have known about the possibility of the damages.
These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to You. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
License Grant
Certain of the Services may require the use of software and software applications provided to You by Company (collectively “Software”). Company and its licensors grant You a limited, nonexclusive license to use Company’s Software in the United States that we provide to You solely in accordance with this Agreement and any User documentation we may provide, including all updates, upgrades, new versions and replacements of the Software (all of which become part of the “Software”) for Your personal, non-commercial use only in accordance with this Agreement. This license extends to Your use of the Software on a device that You own or control, as long as Your use is permitted by the usage rules set forth for Your particular device (for example, the Apple App Store Terms of Use). You may not rent, lease or otherwise transfer Your rights in the Software to a Third-Party. You must comply with the implementation and use requirements for the Software contained in this Agreement or in any GiftPocket Services documentation we provide to You. If You do not comply with such implementation and use requirements, You will be liable for all resulting damages suffered by You, Company or any Third-Parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Company’s software are owned by Company. Your rights to use the Software cease immediately upon termination of this Agreement.
Indemnification
You agree to defend, indemnify and hold harmless Company and its parent, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorney’s fees resulting therefrom) made or incurred by any Third-Party due to or arising out of Your breach of this Agreement and/or Your use of the GiftPocket Services.
Release of Company
If You have a dispute relating to exchanging and/or buying Gift Cards, Company is not responsible for any such dispute and You hereby release Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Modification of Terms
We may amend this Agreement at any time by posting a revised version on our website. By using the GiftPocket Services after a new Agreement has been posted, You agree to the revised Agreement.
Survival
In the event of termination of this Agreement or the GiftPocket Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
Force Majeure
We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials (including, but limited to exchanging and/or buying Gift Cards), or for any damages suffered by You by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
Severability
If any provision of this Agreement is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this Agreement, which together will be construed as if such illegal or unenforceable provision had not been included in this Agreement.
How to Contact Us
If You have questions or concerns regarding this Agreement or Your GiftPocket account, or any feedback that You would like us to consider, please contact us at: info@giftpocket.com.
Privacy Policy
GiftPocket Privacy Policy
(valid as of January 6, 2023)
This Privacy Policy (“Privacy Policy” or “Policy”) describes how GiftPocket (“GiftPocket,” “we,” “us,” “our”) collects, uses and discloses your Personal Information (defined below). It governs information we collect through our website and mobile application (collectively, “Sites”) and information we collect from you or third parties through any other means to provide our services or perform other business activities (collectively, “Services”).
Please read this Privacy Policy, which is part of our website Terms & Conditions, before using our Sites and/or Services. If you do not agree with the Terms & Conditions or this Privacy Policy, you must refrain from using our Sites and Services. By accessing or using our Sites and/or Services you agree to our use of your information consistent with the Terms & Conditions and this Privacy Policy.
About This Privacy Policy
Privacy Policy Changes
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 Personal Information you provide to us or collected about you will be used.
Conflict Between This Policy and Local Laws and Regulations
When federal, state, and local laws and regulations require a higher level of protection for your Personal Information, they take precedence over this Privacy Policy. The specific requirements of this Policy apply unless disallowed by local laws and regulations.
Information We Collect
Personal Information
We may collect information that identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including :
Identifiers such as name, mailing address, email address, phone number, date of birth, GiftPocket login information, social media profiles;
Characteristics of protected classifications under California or federal law such as age, gender;
Commercial information such as payment card or bank account information, gift card purchase information, information you provide to our customer support team;
Internet or other electronic network activity information such as browsing/search history, IP address, data collected by cookies and similar technologies, device information such as device IDs, specifications, and operating system;
Audio, electronic, visual, thermal, olfactory or similar information such as call recordings, chat transcripts, email correspondence, testimonials, pictures;
Inferences drawn from other Personal Information or data that relate to your preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes, such as gift card preferences and favorite brands; and
Personal Information as described in Cal. Civ. Code § 1798.80(e) to the extent collected under another category of Personal Information above.
Some of the Personal Information listed above may be considered sensitive under relevant privacy laws (“Sensitive Personal Information”), including:
· GiftPocket login information.
The type of Personal Information we collect about you may vary based on how you use our Sites and/or Services and your relationship with us.
Usage Data and Site Activity
We automatically collect information in connection with the actions you take on our Sites (“Usage Data”). For example, each time you use our Sites, we may collect the type of web browser you use, the type of device you use, your device ID, your operating system and version, your IP address, your internet service provider, the pages you view, referring and exit pages, the date and time of your visit, and the number of clicks to, from, and within our Sites, and the duration of your visits to our Sites. Among other things, this data helps us estimate our audience size and usage patterns, recognize you when you return to our Sites, store information about your preferences, customize our Sites according to your interests, and speed up your searches. If the data we automatically collect is capable of being associated with you, directly or indirectly, we treat it as Personal Information under the categories of Identifiers or Internet or other electronic network information, as appropriate. If this information is not capable of being individually associated with you, we treat it as Usage Data.
Non-Personal Information
GiftPocket may collect and use information in an aggregated or de-identified form that does not reasonably identify you. We may also disclose, sell, or share aggregated or de-identified information we collect.
Communication Recordings
We may record calls and retain the content of text messages, chat transcripts, or other written/electronic communications between you and us. By communicating with us, you consent to our recording and retention of communications.
How We Collect Information
From You
We may ask you to provide us with Personal Information when you communicate with us online or offline, including account creation, web forms, surveys, and marketing or promotional programs. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of our Sites and/or Services or we may not be able to fulfill your requested interaction. We may also capture your contact information, such as phone numbers and email addresses, when you contact us.
Third-Party Data Sources
We may collect Personal Information from third-party data sources such as data brokers, marketing and sales agencies or partners, analytics firms, government agencies, and other customers or consumers.
Cookies and Automated Tools
We use cookies (a small text file placed on your computer to identify your computer and browser) and other automated tools such as pixels to track your interaction with our Sites and to improve the experience of our Sites and Services, such as saving your preferences from visit to visit to present you with a customized version of the Website. Many web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of our Sites may not work if you delete or disable cookies.
We use the following types of cookies:
Strictly Necessary: These cookies are essential to operate the Sites and provide you with Services you have requested.
Functional: These cookies enable certain features or non-essential functionality on our Sites. For example, we might use these cookies to recognize you and remember your preferences or settings when you return to our Sites so we can provide you with a more personalized experience.
Advertising Cookies: These cookies allow us and third parties to learn more about you, including your use of our Sites and other websites, and advertise products or services that might interest you as further indicated below.
Analytics Cookies: These cookies help us and third parties understand how our Sites are working and who is visiting our Sites.
We also use tools that enables us to track certain aspects of a user’s visit to our Sites. This technology helps us better manage content on our Sites by informing us what content is effective, how consumers engage with our Sites, and how consumers arrive at and/or depart from our Sites. The software typically uses two methods to track user activity: (1) “tracking pixels” and (2) “clear gifs.” Tracking pixels are pieces of executable code that are embedded in a web page that track usage activity including which pages are viewed, when they are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique identifiers which are embedded in web pages and email messages that track whether a user views a web page or email message. User activity information may be associated with additional information about a user’s session and Personal Information, if provided by the user.
If you arrive at our Sites by “clicking through” from another website, certain information about you that you provided to that other website, such as the terms you searched that led you to our Sites, may be transmitted to us and we may use it. You should review the Privacy Policy of any website from which you reached our Sites to determine what information the operator collects and how it uses such information. We may retain information about you provided to us by other websites and will use it in accordance with this Privacy Policy. Such information may be associated with other Usage Data or Personal Information.
Interest-Based Advertising
We may work with third-party advertisers, search providers, and ad networks (“Advertisers”) to learn more about you and show you ads or other content that we believe would be relevant to you. Advertisers may collect and use information about your use of our Sites and/or Services as well as other websites and services. These companies may use cookies and other online tracking technologies to collect and use your information. We and/or Advertisers may also append other data to the data collected by Advertisers to create an interest profile of individual users. Our Privacy Policy does not cover any use by an Advertiser of information that they may collect from you. Advertisements may be shown via our Sites or on third-party websites. If you do not want to receive interest-based advertising, please visit the Digital Advertising Alliance (DAA) Consumer Choice Page. The DAA website allows you to opt-out of one or more interest-based advertising networks. Opt-outs are device and browser specific; therefore, you must set your opt-out preferences for each device and browser. Deleting browser cookies can remove your opt-out preferences; however, the DAA offers browser extensions that help preserve the opt-out preferences you set on the DAA’s Consumer Choice Page. Please note that opt-outs only apply to interest-based advertising. You may still receive other types of online advertising.
Information from Advertisements
If you arrive at our Sites via an advertisement (e.g., banner ad), we may collect information regarding the advertisement with which you interacted and your interactions (e.g., item clicked, date and time).
Social Media Widgets
Our Sites may include social media features, such as the Facebook, YouTube, Instagram, and Twitter widgets. These features may collect information about your IP address and the pages you visit on our Sites as well as other Personal Information. A cookie may be set to ensure that these features properly function. These companies’ privacy policies govern your interactions with these features and you should review the relevant privacy policies before interacting with these features.
How We Use and Disclose Information
Generally
We may use Personal Information for various business purposes, such as:
process applications, create customer accounts, allow customers to create online accounts and profiles;
deliver and improve our products and services, and manage the Sites and Services;
manage your account and provide you with customer support;
provide rewards and incentives to you and the users you refer;
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 Services (such as providing content or features of interest), and to increase the Services functionality and user friendliness;
communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you;
perform functions or services as otherwise described to you at the time of collection;
investigate and prevent fraudulent transactions and other illegal activities;
comply with applicable legal requirements, industry standards, contractual obligations, our policies, and take actions that we deem necessary to preserve and enforce our rights and the rights of others; and
operate information security and anti-fraud programs.
We use Sensitive Personal Information for the purposes described above.
Reviews and Testimonials
If you provide a review or testimonial, we may post it publicly on our Sites or in other advertising material. By providing a testimonial, you give us permission to use it in any manner and for any purpose, including in marketing and advertising communications.
Marketing Opt-Outs
If you do not want us to use your Personal Information for certain marketing purposes, you may take advantage of applicable opt-out options such as opting out of promotional emails through an unsubscribe link at the bottom of those emails.
Service Providers
We may disclose your Personal Information to other businesses to provide services to us or on our behalf (“Service Providers”). Categories of Service Providers we use include:
Fulfillment and account servicing vendors, which help us provide products, Services, and information to you, service your account or benefits, and collect past due balances;
Payment processors, which help us to accept and process the payments for our products/Services to you;
Marketing and communications vendors, which help us market our products/Services to you, conduct promotions, surveys, and other outreach campaigns;
Research and development vendors, which help us develop and improve our products and Services;
Data and business analytics vendors, which help us collect, analyze, and improve the accuracy of our data (including Personal Information);
IT and network administration vendors, which provide services such as data storage and management, website hosting, and data security;
Professional service firms, which provide accounting, legal, auditing, and other professional services; and
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.
Third-Party Selling and Sharing
We do not sell or share (for targeted or cross-context behavioral advertising purposes) your Personal Information, including Personal Information of children under 16 years of age.
Other Third-Party Disclosures
We may occasionally disclose your Personal Information to third parties who do not provide services to us, for purposes such as:
To provide relevant partners with insights and data about the gift cards you enter on our Sites, as well as your preferences, including your favorites brands.
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 Terms & Conditions 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.
To enforce or apply this Policy, our Terms of Service, or our other policies or agreements.
In the past twelve months, we have not disclosed Personal Information to third parties who do not provide services to us.
Third-Party Websites and Information Collection
Our Sites may contain links to third party websites, including social media platforms. Please be aware that if you access these links, you will be leaving our site. We encourage users to read the privacy policies of those sites, as we are not responsible for their content, links, or privacy procedures.
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 make commercially reasonable efforts to ensure security on our systems. 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.
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 Information as well, including never sharing your GiftPocket password with anyone.
Data Retention
We keep your Personal Information only as long as we need it for the purpose(s) for which it was obtained. and as permitted by applicable legal requirements. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you; (ii) as required by a legal obligation to which we are subject; or (iii) as advisable in light of our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations).
Right to Delete Personal Information
We provide users the right to request that we delete any Personal Information we have collected about you. Please understand that we may retain your Personal Information if we need to retain it to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned with your expectations, or comply with legal obligations. To request deletion of your Personal Information, please send an email to info@giftpocket.com. In your correspondence, please include at least your name, email address, and a description of your request. After you submit your request, we may contact you to obtain additional information necessary to process your request or verify your identity. If you do not timely respond to our requests for information, we may deny your request, so please respond promptly. We will process your request within 45 days of receipt.
Children’s Information and Privacy
We take the safety of children very seriously. We restrict the use of our service to individuals 13 years of age and above. We do not knowingly collect, maintain, or use Personal Information from children under the age of 13.
California “Do Not Track” Disclosure
Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. Currently, our Sites and Services do not respond to “do not track” signals.
Contact Us
If You have questions or concerns regarding this Privacy Policy, please contact us at: info@giftpocket.com.