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(Effective Date: January 1, 2016)
giftypants collects information through (a) giftypants.com, (b) various social media accounts including, but not limited to, Facebook, Twitter, Instagram, Pinterest, Google+ and YouTube, and (c) through our various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by giftypants from time to time (collectively, the "giftypants Services"). The privacy practices outlined in this policy are incorporated by reference into the Terms of Service for giftypants Services.
2. What types of Personal Information and related information does giftypants collect from you?
giftypants collects certain personal information through the giftypants Services described above - including through our website, through social media accounts and channels, and via our applications, mobile technologies, telephone discussions, email and other forms of communication. In order for you to interact with giftypants or have access to certain features of the giftypants Services, we may require you to register or provide certain personal information. This information may include, but is not limited to, your name, contact information (email address and mobile number), gender, age or date of birth, or a username and password.
Purchase and Recipient Information
giftypants is a referral service. We do not require or collect credit card or billing information. Ecommerce sites we referral users to from the giftypants website assumes full ownership or billing and transactional orders having to do with the purchase of product.
Social Media Sites
giftypants may also receive personal information from social media platforms, as well as from people with whom you are friends or otherwise connected on social media platforms. For example, if you access giftypants through a third-party connection or log in through Facebook Connect or another third-party service, by "following," "liking," or linking your account to giftypants, that third party may pass information about you to us, including, without limitation, your name, birthday, gender, user ID number, user ID number of your friends, the email address associated with your account, your profile picture, your physical location, your photos, photo likes, photo tags, and an access token to authenticate to the third-party service. We may also collect additional information regarding your hobbies, interests or "likes" that you make available through your profile on the third-party service, any other information that you have permitted the third party to share with us, and any information you have made public in connection with that service.
If you allow us access to your social media friends list, then your friends' user IDs and your connection to those friends may be used and stored to make your experience more social, and to allow you to invite your friends to use giftypants.
We may supplement the information you provide to us with data we obtain or receive from third parties, such as marketing firms, data vendors or address verification services. We may combine information we collect online with information we collect off line.
3. How does giftypants use Personal Information?
giftypants may use personal information in order to facilitate your use of giftypants Services. We may use personal information to identify you when you log to provide a better experience or to personalize your experience. We may also use personal information to better understand our customers and to better tailor or enhance our giftypants Services. For example, we may also use personal information for data analysis and segmentation, understanding our customers, and providing recommendations and reminders for holidays/events and other business purposes. We may also use personal information as we believe to be necessary or appropriate to protect our rights, privacy, safety or property, and/or that of our affiliated companies, you or others, and to allow us to pursue available remedies or limit the damages that we may sustain.
giftypants may send you e-mail communications or promotional offers to an email address, through a device (such as mobile device or applications) or through other contact information provided through giftypants Services. If you do not want to receive such communications from us, please notify us. We may contact you using information you have entered either recently or in the past regardless of whether you have opted in or out of email marketing messaging.
To the extent you participate with interactive features through giftypants Services such as the social media sites, any personal information that you provide may be published in the manner consistent with the interactive feature. For example, if you tag a photo through Instagram with #giftypants, we may repost that photo under @giftypants Instagram account. The same applies for other social media sites, including but not limited to Facebook, Twitter, Pinterest, Google+ and YouTube.
4. Where is Personal Information stored and processed?
5. What Non-Personal Information does giftypants collect?
6. What are cookies, clear GIFs and other similar technologies and how does giftypants use them?
Cookies: We may collect information from you by using cookies. A "cookie" is a small text file stored on your computer containing information about you. Cookies help us analyze web traffic, provide user data for a particular webpage, and allow web applications to be adapted for you as an individual. This helps us tailor our operations to your specific needs and preferences by gathering and remembering information about your preferences. Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting our cookies, please follow your Internet browser's steps for doing so.
Clear GIFs: We, or our third party partners, affiliates, agents or service providers, may collect information from you by using clear GIFs. A "clear GIF" or graphics interchange format (also known as pixel tags, single pixel GIFs, web beacons or action tags) help us or a third party measure advertising effectiveness. Clear GIFs help us manage content on the giftypants Services by informing us of what content is effective. Further, clear GIFs may be used: (i) in HTML based emails to let us know which emails have been opened by recipients and (ii) to track the visitor traffic through the giftypants Services. Among other reasons, these clear GIFs allow us to measure the usage of each of the giftypants Services by our visitors and the effectiveness of certain communications and marketing campaigns. The main differences between a cookie and a clear GIF are that clear GIFs are invisible on a web page and are much smaller.
Behavioral Advertising: We may participate in online behavioral advertising (OBA). We may use third parties to display ads tailored to your individual interests based on how you browse and shop online. We may allow certain third parties to collect certain information when you use the giftypants Services. For example, these companies may use non-personal information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and personal information (e.g., IP address) during your visits to giftypants Services in order to provide advertisements about goods and services likely to be of greater interest to you on third party sites. These parties typically use a cookie or a third party web beacon to collect this information.
Other Technologies: Since new technologies are being developed every day, we may introduce or utilize new technologies in the future in a manner consistent with this policy and generally applicable industry standards. Further, additional disclosures or requests for permission may be presented through the use of such new technologies at the time of such use. For example, you may receive a request from a mobile application to enable sharing of information through your device.
7. When does giftypants share Personal Information with third parties?
Partner Programs: If you are directed to giftypants or the giftypants Services through a third party, we may share certain information back with that third party, which may include information such as name, email and value of purchase depending on the type of relationship.
Direct Marketing Companies: From time to time we may disclose certain information (names, postal addresses and non-sensitive transactional information such as your purchase history, amounts paid and products ordered) to direct marketing companies for trade or rental purposes. If you prefer to opt-out of the use of your personal information by direct marketing companies for trade or rental purposes, please email us at firstname.lastname@example.org with the subject “Opt out - Direct Marketing Companies”.
giftypants Business and Legal / Mergers and Acquisitions: There may be business or legal reasons to disclose personal information. As an example, we may transfer information we have about you to third parties in connection with an actual or potential merger, consolidation, acquisition, reincorporation, sale/divestiture, acquisition or other similar transaction involving all or part of our company or any affiliate, or as part of a corporate reorganization or stock sale or other change in corporate control. If we undergo such a business transition, personal information may be one of the assets that may be shared or transferred as part of the business transition and used by such third party as though such third party were giftypants.
Law Enforcement/Government Requests/Other: We may be required by law to provide personal information to law enforcement, a government agency or in response to a search warrant, subpoena or other legally valid inquiry or order, or to an investigative body or civil litigant including emergency situations. We may also disclose personal information when we believe in good faith that disclosure is necessary to comply with relevant laws, for the establishment, exercise or defense of legal claims, to prevent and address fraud and other illegal activity, to prevent death or imminent bodily harm, or to protect or defend the rights, property or safety of our users, others and ourselves.
8. What are your choices regarding marketing communications?
You may opt out of receiving email marketing promotions from giftypants by logging into your “my account” page.
To the extent you are receiving SMS Messaging from giftypants you may opt out of receiving SMS messaging by replying to any message we send you with the word "STOP" or emailing us please email us at email@example.com with the subject “STOP text message” and including your username.
9. What measures does giftypants take to ensure the security of this Personal Information?
We use procedural and technological security measures which are reasonably designed to help protect personal information from unauthorized access or disclosure, consistent with industry standards. We use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. However, it is always possible that third parties will unlawfully intercept or access transmissions or defeat these measures. Therefore, we do not promise and cannot guarantee (and thus you should not expect) that personal information will never be viewed or used by others.
10. How does giftypants treat personal information related to children?
Our giftypants Services are for adults 18 years and old and explicitly not directed at children under the age of 13 and we do not knowingly collect personal information from anyone under 13. Children should always get permission from their parents before providing any information about themselves online, to us or to anyone else. If parents believe their minor children have accessed the giftypants Services and provided their personal information, please email us at firstname.lastname@example.org with the subject “Children under 13”.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:
2. SERVICES VOID WHERE PROHIBITED:
Use of the Services is void where prohibited. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms of Service of this Agreement.
You must register with giftypants if you want to create an account, create profiles of gift recipients, create and access your reminders, and view and edit your profile. In order to register with giftypants you must supply a valid email address, create a username, which will be used as a unique identifier for your account, and a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. If you create an account, you represent and warrant that: (i) you will not select or utilize a username of another person with the intent to impersonate that person; (ii) you will not select or utilize a username in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a username that giftypants in its sole discretion deems offensive; and (iv) you are not a competitor of giftypants, or agent thereof.
If you post any content on the giftypants site ("Content"), you grant to giftypants, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Services and to third parties with whom giftypants has a relationship. You also grant giftypants the right to authorize the downloading and printing in whole or in part of any Content that you post to the Services.
You are solely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You may change your password or any other account information at any time by going to your “my account” page once you have logged in. You may also set up a new account at your convenience. You agree to notify giftypants immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform giftypants of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until giftypants is notified of a breach in security, you will remain liable for any unauthorized use of the Services through your account.
6. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE:
Your right to use the Services is personal to you. You agree not to resell or make any commercial use of the giftypants. You may not create bots or other computer generated automatic tools to abuse the Services in any manner. Use that constitutes abuse shall be determined by giftypants in its sole discretion. giftypants reserves the right to terminate your account if you have not applied to the Terms of Service.
7. USER CONDUCT:
giftypants reserves the right, but does not assume the responsibility, to monitor or review your conduct on the giftypants Site. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. In using the Services you agree not to:
▪ Use the Services for illegal purposes;
▪ Interfere or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks;
▪ Use the Services in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
▪ Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
▪ Transmit through the Services any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
▪ Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Services;
▪ Transmit through the Services any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
▪ Interfere with another user's use and enjoyment of the Services;
▪ Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
▪ Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
▪ Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Services any directory of giftypants's users or usage information or any portion thereof other than in the context of your use of the Services as permitted under these Terms of Service;
▪ Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
▪ Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or
▪ Engage in any other conduct which, in giftypants's sole discretion, is considered inappropriate, unauthorized or objectionable.
You agree to indemnify and hold giftypants, any of its owners, subsidiaries, affiliates, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or Services, the violation of these Terms of Service by you, the infringement by you (or other user of the Services using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
giftypants, in our sole discretion, may terminate the Services or your use of the Services at any time, for any reason, or no reason, including without limitation, if your conduct fails to conform to the terms and conditions of these Terms of Service.
10. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS:
giftypants shall not be liable for your interactions with any merchants, retailers and/or individuals found on or through the Services. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such merchants, retailers and/or individuals. giftypants is under no obligation to become involved in disputes between participants on the Services, or between participants on the Services and any third party.
11. LINKS TO THIRD PARTY SITES:
Any websites that are accessible via links included within the Services that take you out of the Services are not under giftypants's control and giftypants shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.
12. VIOLATION OF TERMS BY OTHER USERS:
giftypants asks that you participate in ensuring that all users follow the terms of these Terms of Service by reporting any user reviews or other postings or messages that violate these terms. To report a violation of these Terms of Service, please email us at or click on the Report Abuse link under user reviews.
13. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY:
Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, SERVICES AND PRODUCTS PURCHASED IS AT YOUR SOLE RISK. THE SITE, SERVICES AND PRODUCTS PURCHASED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIFTYPANTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. GIFTYPANTS MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GIFTYPANTS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT GIFTYPANTS DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO GIFTYPANTS FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. GIFTYPANTS ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE GIFTYPANTS SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE GIFTYPANTS SERVICES. GIFTYPANTS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIFTYPANTS OR THROUGH THE GIFTYPANTS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Limitation of Liability: YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, GIFTYPANTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF.
14. DISPUTE RESOLUTION:
15. GENERAL PROVISIONS:
If any provision of the Terms of Service is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law. Section titles in the Terms of Service are for convenience and do not define, limit, or extend any provision of the Terms of Service. As used herein, the term "including" means "including without limitation". Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms of Service may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms of Service without your prior written consent, to any third party. The terms of these Terms of Service shall be binding upon permitted assignees. giftypants may give notice to you by e-mail, a posting on the Site, or other reasonable means. You must give notice to giftypants in writing via e-mail or as otherwise expressly provided by giftypants.
16. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE:
giftypants reserves the right to modify or discontinue the Services without notice to you. giftypants shall not be liable to you if giftypants modifies or discontinues its Services. giftypants reserves the right to change these Terms of Service at any time, effective immediately upon posting on our Site. If you violate these Terms of Service, we may terminate your use of the Site, bar you from future use of the Site or Services, and/or take appropriate legal action against you.
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