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Last Revised: July 2012

This privacy policy (“Policy”) explains how personally identifiable information is collected, used and disclosed by Gyft, Inc. (“Gyft”, “we”, “our” or “us”) with respect to your access and use of our mobile application (“App”), the Gyft website located at http://www.gyft.com (the “Site”) and Gyft’s products and services (collectively, the “Service”), so that you can make an informed decision about using the Service.

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. We encourage you to review this Policy from time-to-time to make sure that you understand how any personally identifiable information you provide to us or collected about you will be used.

What Is Personally Identifiable Information?

As used in this Policy, the term “personally identifiable information” means information that specifically identifies an individual (such as a name, user name or email address), or information about that individual that is directly linked to information that specifically identifies an individual. Personally identifiable information does not include “aggregate” information, which is data we collect about the use of the Service or about a group or category of services or users, from which individual identities or other personally identifiable information has been removed. This Policy in no way restricts or limits our collection and use of aggregate information.

What Information Do We Collect?

Active Collection: We collect information from you in various ways when you use the Service and App. For example, we collect information: (i) that you voluntarily provide to us (such as when you send us an email or create a Gyft account); and (ii) to which you provide us access. Such information may include personally identifiable information, such as your name, email address, social network data, other account data, and financial information. Personal and demographic information may also be collected if you provide such information in connection with posting data, providing access to your online groups and other activities in connection with the Service.

Passive Collection: When you use the Service, some information is also automatically collected. For example, we may automatically collect certain information such as your Internet Protocol (IP) address, unique device identifier (UDID), your mobile number, your device model and name, your operating system, your browser type, your preferred language, and your activity on the Service. We may also automatically collect certain logistical information in server logs, including information about how you use various features of our service and information about the number, frequency and length of each session. We treat this information as personally identifiable information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, this information is used in the aggregate only.

We may also automatically collect certain information through the use of “cookies” when you use the Service. Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us to improve the Service and your experience. If we link cookies to any personally identifiable information, we will treat this information as personally identifiable information. If you wish to block, erase or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features or services made available via the Service.

The use of cookies by our partners, affiliates, tracking utility company, or Service Providers (as defined below) is not covered by this Policy.

We may use Web beacons or similar technology on the Service and in our App. We may link the information gathered by clear gifs to your personally identifiable information. Web beacons are small, invisible graphic images that may be used on the Service or in emails relating to the Service to collect certain information and monitor user activity on the Service, such as to count visits, understand usage effectiveness and to tell if an email has been opened and acted upon.

Personally identifiable information will be stored on secured servers, and we may store and process personally identifiable information in the United States and other countries.

How Do We Use the Personally Identifiable Information We Collect?

We use personally identifiable information collected through the Service and App for the purposes described in this Policy or elsewhere on the Service or in the App. For example, we may use personally identifiable information we collect:

  • to process and complete any transactions in connection with the Service and App;
  • to request feedback and to otherwise contact you about your use of the Service and App;
  • to respond to your emails, questions, comments, requests and complaints, and to provide customer service;
  • to monitor and analyze Service and App usage and trends;
  • to personalize and improve the Service or App, and our users’ experiences with the Service and App (such as providing content or features that match interests), and to increase the Service’s or App’s functionality and user friendliness;
  • to send you confirmations, updates, security alerts, additional information about our products and services and support and administrative messages, and otherwise facilitate your use of, and our administration and operation of, the Service or App;
  • to notify you about important changes to the Service and App; and
  • for any other purpose for which the information was collected.

What Personally Identifiable Information Do We Share With Third-Parties?

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

  • with vendors, consultants, and other service providers (such as a credit card processing company to bill you for the Service and an email service provider to send out emails on our behalf) (“Service Providers”) who are engaged by or working with us in connection with the operation of the Service and who need access to such information to carry out their work for us;
  • when you give us your consent to do so, including if we notify you on the Service or App that the information you provide will be shared in a particular manner and you provide such information;
    in an aggregated or anonymized form that does not directly identify you;
  • when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or to respond to lawful requests or legal authorities including, but not limited to, responding to lawful subpoenas, warrants or court orders;
  • when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of Gyft, our users, our employees, copyright owners, third-parties or the public including, but not limited to, protecting Gyft or our users from fraudulent, abusive, inappropriate, or unlawful use of the Service or App;
  • to enforce or apply this Policy, the App Terms and Conditions, or our other policies or agreements; and
  • in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personally identifiable information may be disclosed or transferred as one of the business assets of Gyft.

You acknowledge and agree that your personally identifiable information may be disclosed or transferred as one of the business assets of Gyft.

You understand that when you use the Service, information you provide via the Service, information you grant access to by using the Service, as well as any information you share with individuals through the Service, will be available to other users and in some cases may be made publicly available.

We are not responsible for the actions of Service Providers or other third-parties, nor are we responsible for any additional information you provide directly to any other users or third-parties, and we encourage you to become familiar with third-party privacy practices before disclosing information directly to any such third-parties. Nothing herein restricts the sharing of aggregated or anonymized information, which may be shared with third-parties without your consent.

Access to Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire the Service, you may correct, update or delete it by making the change on gyft settings or by emailing our customer support at Gyft Support

If you wish to request the deletion of an unauthorized account, you may contact us at Gyft Support
We will retain your information for as long as your account is active or as needed to provide the Service. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Tell-A-Friend

If you choose to use our referral service to tell a friend about the Service, we will ask you for your friend’s contact information. We may use telephone numbers, email addresses, Facebook and other social networks to invite friends to use the Service. Gyft stores the contact information of your friends for the sole purpose of inviting your friends to use the Service and tracking the success of our referral program.

Links to Other Websites

The Service may contain links to other websites. Any personally identifiable information you provide on the linked pages is provided directly to that third-party and is subject to that third-party’s privacy policy. This Policy does not apply to such linked websites, and we are not responsible for the content or privacy and security practices and policies of these websites or any other websites that are linked to/from the Service. We encourage you to learn about their privacy and security practices and policies before providing them with personally identifiable information.

Security – What Steps Do We Take To Protect Your Information Online?

We take reasonable measures to protect your personally identifiable information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can guarantee against any interception or any other type of misuse. Therefore, we cannot guarantee its absolute security. To assist with the protection of personally identifiable information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Service and App by any person using your password. Please advise us immediately if you believe your password has been misused. If you have any questions about security on our Service or our App, you can contact us at Gyft Support

Advertising

We partner with a third-party ad network to display advertising within our App. Our ad network partner uses Web beacons and log files to collect non-personally identifiable information about your activities on our App to provide you with targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by emailing support@gyft.com. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

Connecting Via Social Networks

You can log in to the Service (or link your App to your social network) using sign-in services from your social network such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personally identifiable information with us, such as your name and email address, to pre-populate our sign-up form. Certain services, like Facebook Connect, give you the option to post information and to share such information with others within your social network. If you stop using the social network from which you signed-in to use the Service, you agree that we will nevertheless retain the personally identifiable information from such social network to which you provided us access in accordance with this Policy.

Social Media Features and Widgets

The Service includes social media features, such as the Facebook Like button and widgets, the Share this button, and interactive mini-programs that run within the App. These features may collect your IP address, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third-party or hosted directly on the App. Your interactions with these features are governed by the privacy policy of the company providing them.

What Choices Do You Have Regarding the Use of Your Information?

You may “opt-out” of receiving marketing or promotional emails from us by following the instructions in those emails. You may also opt-out of such marketing emails by following the instructions within such emails or emailing us at Gyft Support. If you opt-out, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations.

Questions?

If you have any questions about this Policy, please contact us at Gyft Support .