Last updated: June 20th, 2024
This Privacy Policy ("Privacy Policy") outlines the practices and principles governing the gathering, utilization, and dissemination of information collected by WishToGift, LLC, along with its subsidiaries and affiliates (referred to as "WishToGift", "we", "our", or"us") when you interact with our applications or websites (the "Platform"), and any other products or services falling under the WishToGift umbrella ("Services"). We hold the privacy of our users in high regard and commit to handling Personal Information as described within this Privacy Policy. This Privacy Policy is an integral component of our Terms of Service, accessible at https://wishtogift.com/terms (“Terms of Service”). Terms not defined here carry the meanings ascribed in the Terms of Service. By engaging with our Platform or Services, you confirm that you have read, comprehended, and consented to both this Privacy Policy and the Terms of Service. Moreover, you affirm that you possess the necessary rights and ability to abide by these terms and policies. IF YOU DISAGREE WITH THIS PRIVACY POLICY, KINDLY REFRAIN FROM USING OUR PLATFORM OR SERVICES.
1. What We Mean by Personal Information
Within the context of this Privacy Policy, "Personal Information" refers to any data pertaining to an individual which, on its own or when amalgamated with other information, can be used to identify that individual, regardless of the source of that data.
2. Information We Collect
2.1. Information You Provide To Us: Whenever you engage with the Platform or Services, or communicate with us in any manner, we gather the information you willingly share. Such instances include, but are not limited to, when you: (i) browse the Platform, (ii) sign up on the Platform or set up an account or profile, or authorize the creation of an account or profile for you or on your behalf (termed “Account”), (iii) interact with our Services via third-party services or social media platforms, (iv) subscribe to communications, including but not limited to, email notifications, text messages, or any other type of communication used to perform or enhance the Services, (v) make a purchase on or through the Services or Platform, (vi) encourage your friends to use the Platform or Services, share about our Services on social media platforms, or undertake related actions, (vii) seek technical assistance, (viii) use online services where submission of Personal Information is a prerequisite, (ix) register for a newsletter, and (x) get in touch with us through the Platform or via any other medium.
It's up to you to decide the extent of information you provide to us. However, please note that withholding certain information might restrict your access to or usage of the Services.
Any and all information you provide to us directly may include, without limitation, the following information that may, alone or in combination with other data, constitute Personal Information:
Any and all information you provide in connection with completing a transaction or purchase using the Services as a gifter, including but not limited to, your name, e-mail, and any other information you decide to provide;
Any and all information you provide in connection with registering an Account as a wisher, including but not limited to, your name, age, email, mailing address, phone number, and any other information you decide to provide;
Any and all information you provide via email, through the help center or otherwise through the Platform or by using the contact details listed on various parts of the Platform or Services, including, but not limited to, your name, email, inquiry, and any other information you decide to provide;
Any and all information you provide via other channels, including but not limited to, through Zendesk, Instagram, Snapchat, TikTok and Twitter, including social media profile information, order information, and any other information you decide to provide; Any and all information you provide in order to subscribe to our communications and updates, including but not limited to, your email, phone number, the topic for which you wish to receive updates, or any other information you decide to provide us with. You may always unsubscribe from these communications by following the instructions included;
Any and all other information you may want to share with us, such as Personal Information related to recruitment / job applications. Moreover, if you contact us, a record of such correspondence may be kept.
Additionally, if another user refers you to us by providing us with your Personal Information, we may send you a message. However, we will use your Personal Information only to send such other user’s message unless you otherwise affirmatively provide your information to us.
2.2. Automatically Collected Information: A large portion of the data that we gather through the Platform and Services is technical. It's acquired and analyzed automatically via application programming interfaces, software development kits, cookies, and related technologies. Whether on its own or combined with other data, such automatically gathered information might qualify as Personal Information. Here's a closer look at the types of automated data we might collect:
Usage Data: This might include, but isn't limited to, search queries you've made and the pages you've viewed.
Network & Internet Details: This could encompass information such as URLs, Internet Protocol addresses, bounce rates, instances of spoofing, active (TCP/IP) ports, the number of initiated sessions, clickstreams, data regarding your location, and the specifics of the network/Wi-Fi access points you've connected to.
Information via Cookies: We collect certain data through cookies when you use our Platform. For a more detailed breakdown of this, refer to the section titled “How We Use Cookies and Other Technologies”
One of the tools we use on our Platform is Google Analytics. With the help of cookies, Google Analytics gathers and saves details like the time of your visit, which pages you looked at, how long you stayed on each page, your Internet Protocol address, and the specifics of the device operating system you used to access our site. If you wish to opt out of Google Analytics, you can utilize a browser plugin available at http://www.google.com/ads/preferences/plugin/ that's provided by Google.
2.3. Information You Post on the Services: The Platform and Services provide avenues for user interaction and communication, such as chat and messaging functionalities, forums, and bulletin boards. They also allow for the creation or selection of avatars, cover images, and tailored profile details for those who create UGC. It's essential to understand the public nature of these features:
Public Accessibility: Any information you decide to share through these tools may be available to the general public. We at WishToGift are not responsible for safeguarding any data that you make public using these mediums.
Use Discretion: Given the open nature of these features, it's crucial to be cautious about the Personal Information you choose to disclose. We strongly advise against posting any data that could allow unknown individuals to identify or locate you or any information you'd prefer remained private.
2.4.Information You Share on Third Party Websites or through Social Media Services: The Platform or Services might contain links to external websites and social media platforms where you can share comments, stories, and other content. When you engage with these third-party sites and platforms, they might gather or disseminate information about you. It's advisable to familiarize yourself with the privacy guidelines and configurations of any third-party sites or platforms you interact with, ensuring you're aware of the data they might collect, utilize, or distribute.
2.5. How We Use Cookies and Other Technologies: Certain functionalities on the Platform or Services utilize "cookies" – tiny text documents saved on your device's storage. These cookies help us identify, including but not limited to, the most visited pages and the most commonly used features. This information aids us in consistently refining the Platform to better cater to our users' preferences.
Below, we detail how different categories of cookies might be employed and provide guidance on managing these cookie preferences:
Functionality cookies enable our Platform to recall details you've inputted or preferences you've selected (for example, your name, chosen language, or geographic region). They help in delivering a more personalized and enhanced user experience. These cookies make your use of the Platform more efficient. Additionally, these cookies can recall alterations you've made to customizable aspects of web pages. We might employ local shared objects, commonly referred to as flash cookies, to remember your settings or to showcase content tailored to what you browse on our Platform, thereby enriching your visit. To learn how to opt out of functionality cookies using your browser settings, visit https://aboutcookied.org. To learn how to manage privacy and storage settings for Flash cookies, visit https://en.wikipedia.org/wiki/Local_shared_object.
We, along with our service providers, might employ tools such as "pixel tags", "web beacons", "clear GIFs", or analogous mechanisms when interacting with the Services and emails. These tools are utilized for various purposes, including monitoring user actions, assessing the efficacy of promotional endeavors, and gathering cumulative data regarding Platform interactions and response rates.
3. Use of Collected Information
We utilize the details you share with us for several objectives, which include: (i) Advancing our ability in delivering the Services, (ii) overseeing your use of the Services and any accounts you might maintain with us, (iii) tailoring your experience to better suit your preferences, (iv) sharing Service-related announcements or updating you about new enhancements and features, (v) sending you relevant information and offers, either from us or third parties, including, but not limited to, promotional materials or newsletters, (vi) carrying out tasks on behalf of, and based on directives from, third parties, including payment facilitators or our advertising collaborators, (vii) upholding our Terms of Service, (viii) settling disagreements between Platform users or between those users and ourselves, (ix) meeting legal obligations or processes, including, but not limited to, subpoenas, court mandates, or other mandatory disclosures, (x) advancing our interests in safeguarding our rights, assets, or safety, as well as the rights, assets, and safety of our Services, its users, and the broader public, (xi) reaching out to gather your feedback regarding the Platform and the Services.
Additionally, we use automatically gathered data to: (i) Pursue our interests in monitoring and/or analyzing Service usage and for the Platform’s technical upkeep, (ii) enhance the functionality of the Platform and Services, (iii) extract and develop valuable insights regarding the preferences, attributes, and behavioral patterns of our users (iv) confirm that our Platform or Service users meet the necessary criteria for processing their requests.
4. Third Parties We Share Personal Information With
We may share the Personal Information you provide or that we autonomously collect on the Platform and through the Services with third-party entities, including but not limited to:
Service Providers: This includes entities such as payment gateways, entities that assist in web hosting, data storage, marketing, and communications. They aid us in delivering and refining our Services.
Public Authorities: We may share your data with law enforcement agencies or other governmental bodies if legally mandated or if it's imperative to safeguard our rights or the rights of others.
Affiliates and Subsidiaries: We may share your details with our related entities and subsidiaries.
Potential Business Acquirers: This includes any potential or actual buyer or other successor entities in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as an ongoing concern or as part of bankruptcy, liquidation, or similar proceeding.
Operational Third Parties: Entities that play a role in our operational processes, such as our staff, consultants, advisors, or any other entity that helps us execute our services, may also have access to certain personal data.
5. Links to Other Websites: We may offer content or services from other websites through links on our Platform or within our Services. We might format these links in a way that lets us track if they've been accessed. Furthermore, as a user, you have the option to connect your Account with your social media or other external accounts. This Privacy Policy is only relevant to our Platform and Services. We don't have authority over third-party services or other websites linked or integrated within our Platform or Services. The privacy policies of those third-party services dictate your interactions with them. These external sites and services might embed their own cookies or other files on your device, gather data, or request Personal Information. Different websites and services have their own guidelines regarding the management and disclosure of the
Personal Information you provide. The collection, use, and access of such data by third-party websites fall under their respective privacy policies. We advise you to familiarize yourself with the privacy policies and terms of these third parties before engaging with their services.
6. Security: We recognize the significance of safeguarding the privacy and security of our users' Personal Information and make it a priority to take all reasonable actions to do so. WishToGift employs a range of standard industry security techniques and
methods to assist in protecting your Personal Information from unauthorized access, utilization, or exposure. Nonetheless, no system is impervious. We cannot assure that unauthorized individuals won't find ways to bypass our security or misuse your Personal Information. It's also worth noting that we cannot guarantee that your personal details or private interactions will remain private against unauthorized access or disclosure.
7. Do Not Track Signals and Similar Mechanisms:Certain devices or web browsers send "do-not-track" signals to apps or websites they access. Due to variations in how these are implemented and enabled, it may not be consistently apparent if users mean for these signals to be sent or if they're even cognizant of them. It is possible that these signals could alter the behavior of certain Services or actions.
8. Managing Your Privacy: We keep your data on your behalf and for your benefit. You have the ability to modify or terminate and erase your Account details by adhering to the guidelines on the Services or by reaching out to us via our help center. The help center may also be used if you have queries about the Privacy Policy or if you want a copy of your Account data as a wisher. If you choose to close your Account or ask us to remove your data, WishToGift will restrict its access to Personal Information to only what's required based on your request, and will expunge the data it can access within a timely manner.
9. Your Rights: We are committed to ensuring that you can exercise your rights pertaining to your Personal Information in line with the relevant legal provisions. If you wish to access, review, delete, revoke your consent, or challenge or limit the processing of Personal Data we have gathered about you, you can forward a request through our help center. All requests of this nature will be swiftly examined in line with the pertinent regulations. Depending on your residency, you might also possess the right to file a grievance with a regulatory authority or supervisory body if you feel that we have infringed any rights related to your Personal Information. However, we urge you to initially get in touch with us so we can directly address and rectify your concerns before you escalate them.
10. Your GDPR and California Privacy Rights Your GDPR and California Privacy Rights We are dedicated to adhering to all relevant privacy and data protection laws, including the EU's General Data Protection Regulation ("GDPR") and the California Consumer Privacy Act of 2018 ("CCPA"). At present, we do not provide or reveal your Personal Information to third parties for their direct marketing objectives. Should there be any modifications to our current practices, we will introduce an opt-out provision in accordance with California legislation. You have the right to request that we disclose: (i) The categories of Personal Information we have collected about you, (ii) the categories of Personal Information about you we have sold or disclosed for a business purpose, (iii) the categories of sources from which we have collected Personal Information about you, (iv) the business or commercial purposes for selling or collecting Personal Information about you, (v) the categories of Personal Information sold or shared, if any, about you, as well as the categories of third parties to whom the Personal Information was sold, by category of Personal Information for each party to whom Personal Information was sold, and (vi) the specific pieces of Personal Information collected. You may submit a request to know using one of the methods described below in “Methods for Submitting Consumer Requests and Our Response to Requests”. The delivery of our response may take place electronically or by mail. We are not required to respond to requests to know more than twice in a 12-month period. We do not sell, and have not in the prior 12 months sold, Personal Information about California residents. Therefore, we have not included a “Do Not Sell My Personal Info” link on our Site. If our practices change, we will update this Privacy Policy and take any other necessary action to comply with applicable law. We do, however, disclose Personal Information for business purposes as described in the “Third Parties We Share Personal Information With” section above.
11. Requests to Delete: You possess the right to ask us to delete any of your Personal Information that we've gathered. Once we receive a verified request for the deletion of Personal Information, we will proceed with the deletion unless the law mandates or permits us to retain it. You can make a request for the deletion of Personal Information through one of the procedures detailed in the "Methods for Submitting Consumer Requests and Our Response to Requests" section.
12. Authorized Agents: You have the option to appoint a representative to act on your behalf. If you choose to do so, you must supply this representative with written authorization to submit requests for you. We might then ask you to confirm your identity directly with us. However, if a representative has been granted power of attorney under the Probate Code sections 4000-4465, they can send a request on your behalf without additional authorization.
13.Methods for Submitting Consumer Requests and Our Response to Requests: You may submit a request for access and requests to delete Personal Information about you via our help center. When we receive your request, we might request further details from you to confirm your identity. The additional data you give will solely be for identity verification and won't be used for any other intent. Within 14 days of receiving your request, we will send you an acknowledgment. Once we've verified your identity, we aim to address your request within 45 days. Should we need more time, up to 90 days, we will notify you in writing detailing the reasons and the extended duration required. Before addressing any request, we will always ensure to authenticate your identity to safeguard your privacy and the security of your Personal Information. Our response will only encompass details from the past 12 months from the date of receiving the verifiable consumer request. If for some reason we can't fulfill a request, our response will outline the reasons behind the decision. There are no charges for processing or responding to your authenticated consumer request unless it's overly demanding, recurrent, or determined by us to be baseless. If we decide a fee is warranted, we'll communicate our reasoning and provide an estimate of the costs before addressing your request.
14. The Right to Non-Discrimination: You possess the right to exercise your privacy rights without facing any form of discrimination. In accordance with the CCPA or GDPR, as relevant, we commit to not: (i) Refuse any goods or services to you, (ii) subject you to varied pricing or rates for products or services, whether by offering discounts, additional perks, or applying penalties, (iii) offer you goods or services of an inferior quality or level, or (iv) imply that you might receive goods or services at different prices, levels, or qualities.
15. International Transfers of Personal Information: For the purposes of the GDPR, WishToGift, LLC is the Data Controller of the Personal Information that we collect from you. Our registered address is 651 N Broad St, Suite 201, Middletown, Delaware 19709. WishToGift is based in the United States and, as a result, Personal Data that we collect in and through the Services and on the Platform may be transferred to our U.S. offices. In addition, we may work with third-party service providers in the U.S. and in other countries to help our business activities. Thus, Personal Information may be transferred to, stored on servers in, and accessed from the United States and countries other than the country in which the Personal Information was initially collected. In all such instances, we use, transfer, and disclose Personal Information solely for the purposes described in this Privacy Notice and in compliance with applicable laws. We use the EU’s approved Standard Contractual Clauses for the transfer of Personal Data (as defined in the GDPR) collected in the European Economic Area to third countries.
16. Data Retention: We retain Personal Information associated with your Account for the duration necessary to serve the purposes for which it was gathered, deliver our Services, address potential legal claims, align with our business interests, and adhere to all relevant laws. After this period, we either erase your Personal Information or render it anonymous. It's important to understand that, even if you ask for the removal of your Personal Information, there might be legal or other obligations that compel us to keep that information. Once these obligations no longer apply, we will proceed to eliminate your Personal Information in line with your preferences.
17. Changes to the Privacy Policy: We occasionally review and enhance our security measures and Privacy Policy as needed. As we continue to improve and expand our Services, this Privacy Policy may undergo changes. The "Last Updated" notation at the top of this page will indicate the latest revision date of this Privacy Policy. While we aim to inform you of any changes through email, we cannot guarantee timely notifications. Thus, we recommend that you revisit this Privacy Policy from time to time. If any terms or conditions of our policies are unclear to you, please reach out to our help center for clarification. By continuing to use the Services after modifications to this Privacy Policy, you are signifying your acceptance of the updated terms.
18. Contacting Us: If you have any questions or concerns about this Privacy Policy, please contact us via our help center.