As a provider of merchant processing and related services, we understand that the privacy of our clients and/or Site visitors (“you” or “your”) is very important. We developed this Privacy Policy (the “Policy”) to ensure that your privacy is protected while using our Site (the “Gyftgram Site” or “Site”).
1. Applicability of the Gyftgram Site Policy.
This Policy applies to the Gyftgram Site, including and any mobile applications (the “Site“”) operated by Gyftgram Corporation (“Gyftgram”, “us”, “we” or “our”). By proceeding to use the Site you accept the terms of this Policy.
2. A Note About Minors.
Persons under eighteen years of age are prohibited from using the Gyftgram Site or any Gyftgram services. We ask that minors not submit information to us. If we have actual knowledge that any information we have collected has been provided by a child under the age of 13, we will promptly delete that information.
3. About Personal Information Gyftgram Collects.
Information that You Provide to Us. When you open an account or purchase or use a gift card on the Site from a participating merchant, or while otherwise using the Site, you may provide us with certain “Personal Information”, which can include your name, email address, phone number, credit card or other payment account information, or other data that can be used to personally identify you. If you are a participating merchant, we may also collect Personal Information as part of the merchant application process, from you or our third party vendors, including, without limitation, consumer reporting agencies or financial institutions.
Information Collected from Your Use of Our Services. The Site also uses “cookies” to store and sometimes track information to make your online experience easier and more personalized. Types of information that may be collected in this way include your IP address, the type of browser you use, the web pages you have visited and search terms you have used on the Site, and web pages you were visiting when you came to the Site and when you leave the Site. Cookies are small pieces of data that are stored by a user’s web browser on the user’s computer. Cookies may record information a user accesses on one webpage to simplify subsequent interactions with that Site by the same user, or to use the information to streamline the user’s transactions on related webpages. Cookies make it easier for a user to move from webpage to webpage and to complete transactions over the Internet. Most major web browsers are set up so that they will initially accept cookies, but you may modify your computer’s preferences to issue you an alert when a cookie is downloaded, or to disable the ability of third parties to download a cookie to you. If you choose to reject all cookies, the Gyftgram Site may not function properly. You may obtain further information about cookies and how they function http://www.allaboutcookies.org.
We may also use standard Internet technology, such as web beacons or 1x1 “gifs” and other similar technologies (collectively “Pixel Tags”), to track your use of the Gyftgram Site. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to you and may be associated with cookies on the your storage drives. We also may include Pixel Tags in advertisements or promotional or other e-mail messages, or to determine whether messages have been opened and acted upon. The information enables us to customize the services we offer. We also use Google Analytics to assess the performance of the Site and trends in the activities of users related to their use of the Site.
Information We Collect from Other Sources. We may also collect Personal Information, as part of the merchant application process, from our third party vendors, including, without limitation, consumer reporting agencies or financial institutions. If you access the Site from a link on a social medial platform, we may automatically receive information from that platform in accordance with its applicable policies.
4. Our Use of Your Information.
We use your Personal Information for the following purposes: to administer and maintain the services provided through the Site (such as your purchase of a gift card or opening an account), to analyze trends on our Site, to improve Site performance and/or for security and fraud-prevention purposes. We may also use your Personal Information to provide you with information about products and services provided by us or our participating merchants. We may also use Personal Information to resolve disputes, comply with applicable laws, troubleshoot problems and enforce any agreements, policies and rules governing the use of the Gyftgram Site.
5. Our Disclosure of Your Information.
We disclose Personal Information to our affiliates in connection with providing and improving our services and to third party vendors who are involved in providing merchant account services, e.g., consumer reporting agencies, relevant financial institutions, card association processors, card associations, as reasonably necessary or appropriate so they can provide services to Gyftgram. In these cases, relevant third parties have agreements with Gyftgram that include confidentiality obligations. Because Gyftgram may use service providers located in different countries, Personal Information may be transferred to a country in which you do not reside. By using the Site, you agree to the transfer of your Personal Information to such third parties for use in accordance with this Policy.
We may also share your Personal Information with recipients of gift cards you purchase and with those merchants from whom you have purchased, or with whom you have used, a gift card purchased through the Site.
In response to compulsory (required) governmental and/or third party inquiries, we may disclose Personal Information to comply with a court order, subpoena, or search warrant. We expressly reserve the right to disclose your Personal Information when we have a good faith belief that disclosure is necessary to protect our rights, or to enforce our agreements, policies, and rules governing your use of the Gyftgram Site, or to cooperate with law enforcement.
We DO NOT sell or rent any of your Personal Information to third parties for marketing purposes without your permission or consent. We may, however, disclose Personal Information in aggregate or other de-identified form that does not specifically identify users of the Services to third parties for marketing and promotional, security or anti-fraud, and/or business analytical purposes.
We may also disclose and transfer your personal information in connection with any sale, acquisition, divestiture, merger, or reorganization of all or part of Gyftgram (including in related due diligence and negotiations).
By using the Gyftgram Site, you consent that we may provide your Personal Information to third parties as described in this Policy.
6. Do Not Disclose Your Password.
Once you register and open an account on the Gyftgram Site, you will be able to review and change your Personal Information. Please promptly update your information by logging in to your account and following the screen prompts. We strongly urge you to change your account password periodically to help reduce the risk of unauthorized access to your account information.
Please DO NOT disclose or share your Gyftgram account password with anyone else. If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should immediately change your password and/or contact us at info@gyftgram.com.
7. Your Choices About How We Collect, Use and Disclose Your Information.
You have choices about the information we collect, use or disclosure about you. Please see the referenced methods below and links to additional relevant information. Please note, however, that the information fields in our account and gift card purchasing forms are mandatory if you wish to maintain an account or purchase a gift card.
8. Your Choices: Update/Delete/Opt-Out//De-Activate.
You may request access to Personal Information we hold about you and we will provide this to you except in limited circumstances in which we arepermitted not to under applicable laws. You may contact us to modify or delete your Personal Information from our database by: sending email info@gyftgram.com.
9. Data Retention.
To the extent required or permitted under applicable law, we will retain in our files certain data used to resolve disputes, troubleshoot problems, comply with credit card merchant banking and association agreements, enhance security, comply with audit and data retention obligations, reduce fraud, comply with the law, and/or enforce any agreements policies, and rules governing your use of the Gyftgram Site. Removed information also may persist in backup copies.
You may request the removal of your data from our main databases. Upon verifying your request, we will remove your data, subject to our rights or obligations to retain data as described above. To make this request, email us at info@gyftgram.com.
10. Security.
Gyftgram uses reasonable and appropriate industry standard efforts, such as firewalls [and encryption], to safeguard your Personal Information. While “perfect security” does not exist on the Internet, or elsewhere and we cannot guarantee the complete security of all data at all times, our technical staff works hard to help ensure your secure use of our services.
11. Third Party Sites and Services.
The Gyftgram Site includes hyperlinks to access external or third-party sites, services and communities, such as our participating merchants and social media platforms. You should be aware that such external or third-party sites, services and communities are not controlled by us and, therefore, are not subject to this Privacy Policy. We strongly recommend that you check the privacy policies of each such site, services and community to determine how your personal information will be utilized by their proprietors.
12. Location; Your Consent to Transfer of Personal Information to Other Countries.
Gyftgram is located in the United States. If you are visiting the Gyftgram Site from outside the United States, you acknowledge and consent to the transfer, storage and processing of your information in the United States or other countries in which the Gyftgram or its service providers are located. The data protection and other laws of the United States and these other countries might not be as comprehensive as those in your country. By using the Gyftgram Site, you consent to us transferring your Personal Information from your country to the United States [or countries in which the Gyftgram or its service providers are located] for the purposes described in this Policy.
13. Rights of Users Located in the European Economic Area and Switzerland.
Under the EU General Data Protection Regulation 2016/679 (“GDPR”), effective as of May 25, 2018, European Union (“EU”) data subjects are entitled to certain specific rights with respect to processing of their personal data. Under the GDPR, in certain circumstances, users located in the EU have the right to:
You may exercise any of the above rights by contacting us at info@gyftgram.com or by writing to us at the address in the Contact Us section.
14. Do Not Track (“DNT”).
DNT is an optional browser setting that allows you to express your preferences regarding tracking across Sites. We do not have a mechanism in place to respond to DNT signals. We do track some activity across Sites (including your search terms, the Site you visited before you visited or used the Services, and other clickstream data), and we may continue to collect information in the manner described in this Privacy Notice from web browsers that have enabled DNT signals or similar mechanisms
15. Changes to this Privacy Policy.
Gyftgram may update this policy to reflect changes to our practices with personal information or changes in applicable law. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Gyftgram account or by placing a prominent notice on our site. Where we believe appropriate or required by applicable law, we will ask for your consent to certain changes to this policy.
If you have any questions about this Privacy Policy, please send your email queries to info@gyftgram.com or write to us at: Gyftgram Corporation 521 5th Avenue
New York, NY 10175 Attn: Privacy Officer
Gyftgram Corporation PRIVACY POLICY
Last Updated: July, 2021
