1.Why collect information?
The information we receive from you helps us to fulfill your order accurately and quickly, learn how to improve your shopping experience, as well as meet our commitment to privacy. When you visit Giftsparkes, you have the option of creating a free Giftsparkes account so you can place online orders, save your shopping cart and wish list items, gain access to special promotions, and view order details. Creating a Giftsparkes account is easy. We just need your name, email address, postal code, and a password of your choice.
Once you place your online order, we’ll ask for some additional information to fulfill the order including your delivery address, billing address, phone number, and credit card information.
Our Websites, Apps and Services may include links to third-party websites, plug-ins, services, social networks or mobile applications. Clicking on those links, or enabling those connections, may allow the third-party to collect or share Data about you. We do not control these third parties, and you should read each of their privacy notices before you submit any information to them.
PayPal is an independent Controller for the purpose of Processing Customer Data. You can access Paypal’s Privacy Statement at: https://www.paypal.com/us/webapps/mpp/ua/privacy-full
3. Defined Terms
In addition to the terms already defined above, we provide these definitions:
“CCPA” means the California Consumer Privacy Act of 2018, as it may be amended from time to time.
“Data” is information about you that we collect, or that you provide to us, and may include PII.
“Device” means the computer, smart phone or other electronic device that you use to access the Services.
“Device Information” means information about a Device, including the IP address used to access the Services, associated cookies or cookie identifiers, and other information related to the formatting or presentation of the Services for your Device and includes information about the Device often stored in picture files, including Device type and the location you were in when you took the picture.
“EEA” means countries in the EU plus Iceland, Lichtenstein, and Norway.
“EU” means the countries which are currently members of the European Union.
“GDPR” means the General Data Protection Regulation of the European Union, and the equivalent Data laws of the EEA, United Kingdom and Switzerland.
“Identifiable Natural Person” is one who can be identified, directly or indirectly, by a single piece of data such as a name, an ID number, IP address, location data, an online identifier or by other data that, when combined, makes it possible to determine the identity of that natural person.
“Personal Data” means any information about an identified or Identifiable Natural Person who has rights under the GDPR (“Data Subject”).
“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could be linked, directly or indirectly, with a particular consumer, household or Device.
“PII” means personally identifiable information, which is information that can be used to identify a specific individual, including Data that may be classified as Personal Information subject to the CCPA Notice or Personal Data subject to the GDPR Notice.
“Services” means the Sites, Apps, and other services available from us.
4. How We Collect Data
We use different methods to collect Data, including:
Direct Interactions. You may give us Data by filling in forms or contacting us by phone, e-mail or otherwise. This includes Data you provide when you create an account, subscribe to our Services, search for a product, place an order, upload a photo or other content, create a seller profile on our Services that offer seller capabilities, participate in discussion boards or other social media functions on our Services, enter a competition, promotion or survey, and when you report a problem with our Services. If you choose to make any seller profile that you create public, people may see your name, the country you designate in your profile, and your “About” details. You can adjust the privacy settings for your seller profile at any time.
Automated Technologies or Interactions. As you interact with our Services, we may automatically collect Data about your Device and your browsing actions and patterns, even if you do not create an account or place an order with us. We collect this Data by using cookies, server logs, and other similar technologies. You can block cookies in your browser by activating the settings that allow you to refuse all or some cookies. IMPORTANT NOTE: if you use your browser settings to block all cookies (including essential cookies), the Services may not function properly or may not work at all.
Cross-Device Tracking: Some of our Services use data analytics companies, advertising networks, and/or social media companies to engage in “cross-Device tracking,” which occurs when platforms, publishers, and advertising technology companies try to connect a consumer’s activity across smartphones, tablets, desktop computers, and other connected devices. Cross-Device tracking enables us to link your behavior with our Services across Devices.
Third parties or Publicly Available Sources. We receive Data from third parties such as business partners and sub-contractors who provide us with a variety of business services like shipping and payment processing, advertising, analytics, search information, etc.
User Contributions. You may also provide us with Data to post on the Services or to transmit to third parties (collectively, “User Contributions”). User Contributions are submitted at your own risk. We limit access to certain pages, and you can also adjust privacy settings for User Contributions by logging into your account profile. However, we cannot and do not guarantee that unauthorized persons will not be able to view your User Contributions.
5. Types of Data We Collect
PII We Collect
We collect PII including your name, billing address, delivery address, e-mail address, telephone number, IP address, credit/debit card numbers and other financial information needed to complete your transactions with us, photos and other content you upload, any profile image you provide, user IDs and/or passwords used to access the Services, your Services browsing history, and any phone number used to call our customer service number. Depending on the Services you use and the products you choose to customize, you may also provide us with age, date of birth, and gender. If you sell products through our Services, in addition to the information above we collect information necessary to pay you and comply with tax reporting laws, such as your PayPal account, and social security or Tax ID number, and your birthdate for verification of your identity. Each piece of information you give us may be used independently or in conjunction with other information you provide to us.
We collect information relating to the Device(s) you use to access the Services, including the Device model, operating system, browser type, IP address, and event information from use of the Services.
Depending on your permissions, if you download and use our Apps, we may collect or access certain information from your mobile Device including:
• Your contacts so you can select a chosen contact to ship your order to. Once you select a contact from your mobile Device, that contact’s information will be stored in our database and their postal address and phone will be used for delivery of your order and for sending you reminders of special occasions that you recorded in the Services; an
• Your phone number, entered by you in response to our request and stored in your account data, as required for shipping in some countries and for retail pickup orders in countries where that option is provided.
You can post information on our blogs, forums, or other public posting areas. Any information you disclose is available to anyone with internet access. You do not have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services.
Other Data We Collect
In addition to PII, we collect other Data from you when you use the Services, including:
• Data that neither directly nor indirectly reveals your identity nor directly relates to you, such as statistics, or aggregated information. For example, we may aggregate Data to calculate the percentage of users accessing a specific Website, App, or feature of our Services;
• Technical information, including browser type and version, or operating system and platform; and
• Data about your interactions with our Services, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Services (including date and time), products you viewed or searched for or (in the case of some of our Services) “favorited”; Service response times, download errors, length of visits, interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away.
Special Category Data
Our business is customization! Depending on the Services you use and products you decide to create, you may select customization features reflecting skin tone, gender, gender identity, religious dress, disability status, sexual orientation, or other similar information. We strive to be inclusive in our product customization offerings and use this information to create that special product for your intended recipient.
Data About Children
We do not knowingly collect, use, process, share or store PII from children under the age of 18. The Services are not intended for use by children under the age of 18. If you believe that we have unknowingly collected PII from a child under the age of 18, contact us as soon possible at firstname.lastname@example.org However, certain of the Services may collect information about children from an adult who creates a customized product about a child.
6. Why We Use and Process Data
Use and Processing of PII
We may use and process PII that is either collected by us or provided by you for the following purposes:
• Providing the Services in the manner most effective for you and your Device;
• Fulfilling your orders placed through the Services;
• Making interest-based suggestions and recommendations about our products and Services;
• Assessing the effectiveness of our advertising and tailoring our advertising so you receive only what is relevant to you;
• Improving the Services and notifying you about changes;
• Managing your customer relationship with us;
• Enabling your participation in our Services’ interactive, social media, or other similar features;
• Integrating social media into your experience with our Services;
• Carrying out your support requests;
• Notifying you about unfinished transactions, unused credits, or order status;
• Sending you information about discounts, special offers, and new products;
• Managing the Services, including troubleshooting, data analysis, testing, research, statistical analysis, security, quality control, and fraud prevention;
• Verifying your identity;
• Reminding you of special occasions;
• Performing billing, administration, seller payment and collections functions;
• Protecting the Services and our employees and operations;
• For a Reorganization Use;
• Marketing to you directly through the social media platforms that you use and through other websites;
• Sharing information with law enforcement agencies in response to inquiries and with other third parties when required by law and pursuant to our internal policies;
• Carrying out activities related to any of the above, or any other purpose for which the Data was collected, including dispute resolution and protection of our legal rights or the rights of third parties.
Use and Processing of Other Data
We may use Data that is not PII for any business purpose.
You can manage your preferences about how your Data is used by following the instructions in each form or communication you receive from us. For more information, see Your Choices About Our Use of Data.
7. Who We Share Data with and Why
We may share Data within our Company Group to comply with internal, contractual and legal obligations, and for marketing activities.
We may also share Data with third parties as follows:
• Business partners, suppliers, service providers, subcontractors and other third parties to enable them to provide services such as fulfillment, billing, IT, logistics, delivery, communication, cybersecurity, fraud protection, and legal/audit;
• Social media platforms;
• Advertisers and ad networks; including identifying and engaging with social influencers;
• Public, governmental, or regulatory authorities and institutions; and
• Potential buyers, investment banks or financial institutions in connection with any contemplated or actual corporate reorganizations or business transactions such as evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Data held by us about our users is among the assets transferred (each, a “Reorganization Use”).
• Courts, law enforcement authorities, regulators, attorneys or other third parties in connection with the establishment, exercise, or defense of legal claims.
Sharing of Other Data
We may share other Data without restriction.
8. Your Choices About Our Use of Data
Transactional Emails: We occasionally send transactional emails notifying you about your orders, account information, changes to the Services, updates to our online documents, and other matters. You may not opt out of transactional emails.
Promotional Offers: You can stop receiving promotional offers by following opt-out links in each promotional message, or contacting us at email@example.com and requesting your removal from our promotional offers list.
Push Notifications on Mobile App: Depending on your Device, push notifications may be turned on by default. You can opt out of push notifications at any time by adjusting your Device settings.
Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you refuse all cookies, you will be unable to use the Services. If you disable or refuse some cookies, parts of our Services will be inaccessible or not function properly. For more information about tracking technologies, please see Automated Technologies or Interactions above.
Updating PII. If you wish to update your account information, you may log into your account and make changes, or contact us via the Contact Us link in the App or Website you are using, and we will update or correct any account information at your request. For EU Data Subjects, please use the form located at the Manage Personal Information link at the bottom of each webpage to request correction of your PII.
9. How Long We Use and Store PII
We store PII from the time of collection as follows, unless contractual or legal obligations require us to store it for a longer period:
If you either create an account, or buy as a guest, we will delete PII about you at the first of the following:
a. You ask us to;
b. You have not created an account on any of our Services for a period of nine (9) years, or made a sale from any seller account;
c. You haven’t purchased anything for nine (9) years; or
d. With regard to a Social Security Number or Tax ID Number, you have not made a sale from any account using that number for a period of seven (7) years.
10. How We Protect Data
The Services have physical, electronic, and administrative security measures in place designed to protect against the loss, misuse, and unauthorized access, use, alteration, or disclosure of Data under our control. When you submit credit card information through the Services, we create a nonce so your credit card information is never stored by us. While no transmission over the internet can be guaranteed as 100% secure, and we strive to protect PII during transmission, we cannot ensure or warrant the security of any Data that you transmit to or receive from us. We urge you to take steps to keep Data safe (including your account password), log out of your account after use, and close your web browser.
11. Persons Outside the United States, EU, EEA, UK and Switzerland