Privacy Policy

Gifteka LLC, the provider of the Site (referred to as “Company,” “us,” “our,” or “we”), is committed to protecting your privacy online. This privacy policy (“Policy”) discloses our privacy practices for our site, located at www.Gifteka.com (the “Site”), all associate Gifteka mobile applications (“Mobile Apps”) and various related services (“Services”). This Policy is designed to help you understand what information we collect and how we collect, share, and use the information. The Policy applies to all Site visitors, registered users, and subscribers. By accessing or using our Site, you consent to the collection, transfer, manipulation, storage, disclosure, and other uses of your information as described in this Policy. Irrespective of which country you reside in or supply information from, you authorize us to use your information in the United States and any other country where we may operate.

A SPECIAL NOTE ABOUT CHILDREN

Our Site is not designed or intended for use by children under 13. If you are under 18, you may use the Site and Services only with the approval and involvement of a parent or guardian. If you are concerned about your children’s use of the Site, you may use web-filtering technology to supervise or limit access to the Site. Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting kids’ privacy online.

HERE’S THE PERSONAL INFORMATION WE COLLECT:

The information we gather from users enables us to personalize and improve our Services, and allows our users to set up a user account and profile that can be used to personalize their experience on the Site.

We collect the content and other information you provide when using our Services, including when you sign up for an account, create or share, and message or communicate with others. This can include information in or about the content you provide, such as dates that are important to you, events you sponsor or attend, the location of a photo, or the date a file was created. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.

In general, we collect the following types of information (“Personal Information”) from our users:

Personal Information You Provide to Us:

We collect and store the following types of information on our servers only when you optionally choose to provide it to us by filling out a form or taking some other explicit action. You can choose not to provide us with any of the information below, but you may not be able to take advantage of certain features without creating an account or providing the appropriate information.

  • Private Account Information: You can create an account our Site (your “Account”) by providing a name and email address, and creating a password.
  • Profile Information: You have the option of providing information about yourself to create a user profile that will not be publically viewable by others. We will collect the information you share with us in creating your profile such as your, first and last name, email address, telephone number, and mailing (“Profile Information”). You should exercise care in creating your profile since we will be relying on that information to communicate with you and to provide you with important notices.
  • Things others do and information they provide: We also collect content and information that other people provide when they use our Services, including information about you, such as when they share an event with you or a photo of you, send a message to you, or upload, sync or import your contact information.
  • Your networks and connections: We collect information about the people and groups you are connected to and how you interact with them, such as the people you communicate with the most or the groups you like to share with. We also collect contact information you provide if you upload, sync or import this information (such as an address book) from a device.
  • Payment Processing: If you purchase any products or services through our Sites or Services, we may collect certain information regarding your purchase (such as your name, zip code, purchased items) as necessary to process your order, and you will be required to provide certain payment and billing information such as your name, credit card information, billing address, and other account and authentication information, as well as billing, shipping and contact details.
  • Social Networking Sites We may create social networking accounts on sites such as Twitter, Facebook, or LinkedIn. If you decide to join or participate in our social efforts, any information that is disclosed should be considered public information and will be subject to the terms of those social networking sites. We have no obligation to keep private Personal Information that a user makes available to other users or the public using these sites or any other third party sites. Users should exercise caution when deciding to disclose Personal Information in public forums.
  • [Information Provided in Contests, Sweepstakes, or Promotions: You may be asked to submit Personal Information when you enter a contest or sweepstakes or fill out a survey.]
  • Information Obtained about Third Parties: If you provide us with information about others, or if others give us your information, we will only use the information for the specific purpose for which it was provided.
  • Information from websites and apps that use our Services: We collect information when you visit or use third-party websites and apps that use our Services (like when they offer our Like button or Gifteka Log In or use our measurement and advertising services). This includes information about the websites and apps you visit, your use of our Services on those websites and apps, as well as information the developer or publisher of the app or website provides to you or us.
  • Information from third-party partner:We receive information about you and your activities on and off Gifteka from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with your contacts (with your permission) and with vendors who are performing services for us, such as the servers for our email communications who are provided access to users’ email addresses for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy.

In general, the Personal Information you provide to us is used to provide you with Services on our Site or to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

Personal Information Collected Automatically:

In order to understand how our Sites and Services are being used and to make them better, we also automatically receive, store, and log certain types of technical information whenever you interact with our Sites. Information of this sort includes:

  • Technical Information About Your Browser And Mobile Device: This information is used in the aggregate to help us optimize the Service for common browsers and devices.
  • Usage Information, Such As The Pages You Request, Searches You Conduct, Emails You Open And The Features You Interact With: This information is used in the aggregate to generate statistics about how the Service is being used and is never shared in any form that would identify you personally.
  • IP Address, Tokens, Cookies, And Device Identifiers: These are alphanumeric identifiers that help us to distinguish between unique browsers and devices in order to avoid showing you the same information twice, keep you logged into our Site and improve your experience. For example, we may receive and collect the name of the domain and host from which you access the Internet, the Internet protocol (IP) address of the computer you are using, the browser software you use, and your operating system and if applicable, the Internet address of the website from which you linked directly to our Site. You are always free to decline our cookies if your browser permits, but some parts of our Site may not work properly in that case.

HERE’S HOW WE USE YOUR INFORMATION:

In addition to the specific uses discussed above, information you submit to us may be used in the following ways:

  • to respond to requests that you make or to aid us in serving you better;
  • to fix technical problems;
  • to provide administrative services;
  • to enable delivery of services by third parties or for gift suggestions based on preferences or interests you identify on our Site;
  • to monitor traffic, the number of visitors, and the effectiveness of Services;
  • to provide you with updates, offers, and announcements about products, new products, services, features, promotions, enhancements, improvements or updates;
  • to market our products and/or services to you, including sending you information, newsletters, e-mail campaigns, and communications regarding new, improved or existing products, contests and/or sweepstakes;
  • to notify you when we make material changes to our Privacy Policy or Terms of Use;
  • to provide, administer, and facilitate your use of the Site and Service;
  • to resolve Site problems; handle or respond to customer support questions and issues;
  • to process or fulfill your request(s) and/or order(s) for products, services, information or features;
  • to enabling user-to-user communication and interaction and solicit input and feedback to improve user experience;
  • to manage your Account preferences, establish your profile and Profile and Account Information;
  • to monitor the technical functioning of the Site, Service, and network;
  • to develop new and/or improved products, services or offerings;
  • to create, review, analyze and share aggregate information;
  • to identify, research, and protect against any actual, potential or threatened misuse, unauthorized use, or unwanted use of any of the Site or Service, including but not limited to researching any claims made by or about others users and/or about the Site and/or Service, and such efforts of which may include information provided from third-party sources;
  • to analyze trends and user traffic;
  • to resolve disputes;
  • to trouble-shoot errors or issues with the Site and/or Service;
  • as we, in our sole discretion, otherwise determine to be necessary or required to ensure the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Site and Service.

We may provide these services ourselves or share the information with partners who will provide the services for us. We may use aggregated user data to market the Service or the Site to others.

SHARING INFORMATION ON OUR SITE:

People use our Services to connect and share with others. When you share and communicate using our Services, you choose the audience who can see what you share. For example, when you post on Gifteka, you select the audience for the post, such as a customized group of individuals, all of your Friends, or members of a Group. Likewise, you also choose the people you send photos to or message.

HERE’S HOW WE SHARE YOUR PERSONAL INFORMATION:

We will not disclose your Personal Information to any persons or entities outside of our company, nor lease, license, rent, transfer, disclose, disseminate or otherwise grant access to such information unless:

  • You have agreed to disclosure of your information through use of our Services;
  • You have been given an opportunity to “opt-in” and have agreed to opt-in to such disclosure of your information;
  • We must share your information in order to provide a product or service that you have ordered or requested, in which case we will require that any third person or entity, such as a registered agent, we use to fulfill your order agrees that it does not have the right to use your information other than to fulfill your order or request;
  • When we believe in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • If we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your Personal Information may be sold or transferred as part of that transaction to any other third party with your prior consent to do so.
  • We receive a request in connection with or relevant to a judicial, governmental or legal inquiry, investigation, order, or proceeding;
  • We are required to respond to a subpoena, court order, or other requirement of law, which requires disclosure of your information;
  • It is reasonably necessary to enforce our Terms of Use, this Policy, or any other legal agreements;
  • It is required to detect, prevent, or otherwise address fraud, abuse, misuse, potential violations of law (or rule/regulation), and/or security or technical issues; or
  • It is required or reasonably necessary to protect against imminent harm to the rights, property or safety of us, our users, employees, any minors, members of the public and/or our Sites and Services.

We may also disclose information about you to our auditors or legal advisors in conjunction with accessing our disclosure obligations and/or rights under this Policy.

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

HERE’S HOW WE DISCLOSE AGGREGATE INFORMATION:

We may combine your Personal Information and information about your preferences and activities, with those of all or a particular group of our users to prepare collective profiles of our users and their activities for our internal use. For example, we may track the number of our users who view certain pages or use certain features or compile the total dollar amount of sales conducted through the Site in a particular geographic region or track purchasing trends. Such information, and other information we derive from individual users’ information, allows us to continue to grow and provide you with quality information through more accurate marketing and advertising of the Site. We may share aggregated information concerning our users, without attribution of Personal Information, to other companies with whom we conduct business.

PEOPLE THAT SEE CONTENT OTHERS SHARE ABOUT YOU:

Other people may use our Services to share content about you with the audience they choose. For example, people may share a photo of you, mention or tag you at a location in a post, or share information about you that you shared with them. If you have concerns with someone’s post, social reporting is a way for people to quickly and easily ask for help from someone they trust.

HERE’S WHAT WE DO TO KEEP YOUR INFORMATION SECURE:

We take commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of your Personal Information that you share and we collect and store. These security measures include read-only replicas of our databases, high durability storage, full daily backups, secure encryption using Amazon S3 (which is designed for 99.99% availability and 99.999999999% durability), SSL encryption, data storage across multiple facilities that exceed industry standards, internal reviews of our data collection practices and platforms, as well as physical security measures to guard against unauthorized access to systems where we store your information. The technology we have employed to deliver our Services to you protects your information using both server authentication and data encryption, ensuring that your data is safe, secure, and available only to registered users in your organization.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed and you transmit such information at your own risk; and (c) any such information and data may be viewed or tampered with in transit by a third party.

HERE’S WHAT YOU CAN DO TO PROTECT YOUR PERSONAL INFORMATION:

While we are committed to taking all reasonable precautions to protect your Personal Information, there are steps you can take as well; such as:

  • Use only secure websites when disclosing your information. Secure pages begin with “https.”
  • Creating strong passwords and use them wisely (e.g.. don’t use the same password for us that you use for your bank, for example.
  • Never respond to unsolicited requests for your social security number or financial information.
  • Do not disclose your passwords to the Site or your Account Information to any other person.
  • Be sure to sign off when finished using a shared computer.
  • Be careful about disclosing personal information such as your name, address, or e-mail address in discussion forums or other public areas linked from this Site. Any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties.
  • As part of the Service, we provide links to or compatibility with other websites or applications. Be aware when clicking on hypertext links and third party advertising on the Site. Other sites accessible through our Site via links or service partnerships have their own privacy policies and data collection, use and disclosure practices. We encourage you to review other websites’ policies before revealing any sensitive or personal information. We cannot be and are not responsible for maintaining your privacy once you leave our Site and are not responsible for the policies or practices of third parties.

HERE’S WHAT YOU CAN DO IF YOU DON’T WANT TO RECEIVE COMMUNICATIONS FROM US: Opt-Out

You can opt out of any automated notifications or communications sent via the Service by following the instructions included with each email or by or by contacting us with an unsubscribe request at: support@gifteka.com; however our employees, contractors or agents may still need to contact you personally, for example, if you are in violation of our Terms of Use.

If we have provided any third party with your Personal Information (with your permission) and you subsequently opt-out, you will have to contact the third-party directly with your opt-out request(s).

HERE’S HOW YOU CAN UPDATE, DELETE, OR CORRECT YOUR PERSONAL INFORMATION:

We believe you should have the ability to access, edit, and delete the Personal Information that you have provided to us and encourage you to promptly update your Personal information if it changes. You may change any of your Personal Information in your Account online at any time by logging in in accordance with instructions posted elsewhere on this Site. If you are concerned about the accuracy of Personal Information maintained by us or wish to review, access, amend or correct it, or would like your Account deleted or your Personal Information removed from our records or otherwise deactivated, you may contacting us with your request at: support@gifteka.com. We may decline requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, or are extremely impractical. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

HERE’S WHAT WE DO OUTSIDE THE UNITED STATES:
E.U. Safe Harbor

With respect to Personal Information about individuals located in European Union (“EU”) countries (“EU data subjects”), we adhere to a self-regulatory program that complies with the Safe Harbor Privacy Principles set forth by the United States Department of Commerce regarding the collection, use, and retention of personal information. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. For more information about the Safe Harbor Program, please go to http://export.gov/safeharbor/. We may transfer the personal information of an EU Data Subject to a third party acting as our agent if the third party confirms that it provides the same level of protection required by the Safe Harbor Principles. Sensitive information will not be used or transferred for purposes inconsistent with this Policy unless the affected individual expressly consents to such use or transfer. EU Data Subjects will also be given the opportunity to opt out before any of their personal information is used for a purpose other than the purpose for which it was originally collected.

HERE’S WHAT WILL HAPPEN IF WE CHANGE THIS POLICY:

We may amend this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. If we make changes that, in our sole discretion, we consider to be material, we will notify you by delivering an announcement via our Service to the email address associated with your account or by means of a notice on this Site prior to the change becoming effective. It is your responsibility to maintain a valid e-mail address as a registered user. If you opt out of communications from us, you may not receive these notifications, however they will still govern your use of the Service, and you are responsible for checking for any changes. If you continue to use the Site or the Service after changes become effective, you agree to abide by and be bound by the modified privacy policy.

MISCELLANEOUS PROVISIONS

We control and/or operate the Site from offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Privacy Policy shall be construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. If any provision of the Privacy Policy is found to be unenforceable for any reason, than that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

HERE’S HOW YOU CAN CONTACT US:

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us by email at: support@gifteka.com or by sending a letter to:

Gifteka LLC
Attn: Privacy Compliance Officer
P.O. Box 1876
Livingston, NJ 07039

Last Updated:This Privacy Policy was last updated on 3/31/2016