Website Privacy Notice

Introduction

Welcome to GiftBerry’s privacy policy. GiftBerry respects your privacy and is committed to protecting your personal data.

This Privacy Policy describes practices with respect to collecting, using, storing, exchanging, transferring, processing and disclosing your Personal Information or Data. Personal Information or Data means any information that can be used to identify you, such as your name and contact details. This Privacy Policy may change from time to time, so please check the policy periodically for updates.

With respect to the information that our customers collect from you and provide to us either directly or on their behalf (“Customer Data”), we process such information only as a data processor on behalf of our customers in connection with their business. Our customers are the businesses that control the use of the Customer Data and determine the purposes for which we process such information. Our customers are responsible for their own practices in collecting, using, and disclosing information they collect from you.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

What information about me do you collect?

The Company collects limited personal data or personal information, such as your name, personal and/or business contact details, including your phone number(s), email address, mailing address, job title and other information required to validate your identity. When you engage with the content via electronic mail or through a website, we may also collect location information (such as general location information inferred from an IP address) or user agent details as part of our validation process. To the extent you purchase products or services, we also collect your billing and other account information. Finally, we collect information about our services that you use, have used or which you request information about.

To the extent you use GiftBerry’s mobile applications or software ("app"), we automatically receive certain information about the mobile phone, tablet, or computer used to access the app, including device identifiers, IP address, operating system, version, Internet service provider, browser type, domain name and other similar information, whether and when you update the app, date and time of use, content watched, total minutes watched, error logs, and other similar information about how you use the app.

The specific types of personal information we collect may depend on the Services you use, how you use them, and the information you choose to provide. In addition to the information discussed above, GiftBerry may also collect the following:

Log-in credentials, if you create a GiftBerry account.
Billing information, such as shipping address of a gift recipient, credit or debit card number, verification number, zip code, and expiration date.
Information about services you use, purchases or other transactions with us.
Information about your customer service interactions with us.
Demographic information such as your gender or other information you choose to provide as part of your profile or otherwise.
User-generated content you provide to us, such as when you comment on content on the Services, respond to a survey request, review a class, or participate in the public forums.
Any other information you choose to directly provide to us.

How do you collect information about me?

The information we collect is primarily provided by you, such as when you are asked to provide us with personal, delivery or billing information. We may contact you by phone, email or social media. Should you have any preferences on the manner in which we contact you, please let us know using the details below.

We automatically collect information through the use of third party “cookies”, such as Google Analytics. Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. You can access information on our “Cookie Policy” here.

Occasionally we may attain personal information about you from third-party sources (including third-party websites, data brokers or credit reference agencies), but only where we have confirmed that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.

Note that this website may include links to third-party websites, plug-ins and applications, including social media platforms. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.

What happens if I do not want to provide you with my personal information, or if I choose to opt out of your processing my personal information for marketing purposes?

You are free to not provide us with your personal information. In addition, as set forth in this policy, you are entitled to opt out of the processing of your personal information. Note, however, that we require our customers to provide certain data necessary to receive our products and/or services. Should you choose not to provide these personal details to us as a customer, we would be unable to provide you with our products and/or services.

Why are you collecting my information and how do you use it?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform a contract with you;
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
Where we need to comply with a legal or regulatory obligation.
In order to inform individuals in a business context about goods and services in which their business may be interested.
Based on your role and responsibilities within your organization, as well as being a decision maker, recommender or influencer within your organization, we may contact you occasionally with marketing offers or useful educational information relevant to you directly as well as on behalf of our customers.
We also collect information through cookies to gain an understanding of when and how you use our website and to allow you to more easily and efficiently navigate our website. You may disable cookies on your individual browser, but be aware that disabling cookies may limit your use of certain features or functions on our website or service. For more information about the cookies we use, please see our “Cookie Policy” here.

You will always have the right to opt out of receiving marketing offers from us and we will always ensure that we screen any databases against the corporate telephone preference service prior to contacting you. If you would like to opt out of any marketing communications from us or limit the channels in which we contact you (such as email, phone or post only), please contact us at service@giftberry.com.

Disclosures of your personal data

We share your personal information with our other group companies for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or merges with us your personal information will be disclosed to such entity. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information will be considered an asset of ours and as such it is possible, they will be sold or transferred to third parties.
We may share your personal information with our customers if you have expressed an interest in their goods or services. This interest may be expressed in numerous ways, including submitting your information to us in order to download a digital asset (such as a whitepaper or e-book), by engaging with any of our email marketing or clicking on a digital advert hosted by us. Please ensure that you read and agree to our customers’ privacy policies before expressing any interest in their product as outlined above. Please also note that you have the right to object to any processing by our customer, and any further processing by us.
Where required we share your personal information with third parties to comply with a legal obligation; when we believe in good faith that an applicable law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our terms of use or other applicable policies; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our website, our business or the public.
Customers of ours who are sending gifts to you;
Companies that we work with or partner with to deliver our content, services or events to you, such as ticketing companies, payment service providers, events companies, delivery companies and catering companies;
Professional services and technology providers such as marketing agencies, advertising partners, website and landing page hosts, IT support services, and marketing and sales technology companies, such as CRM or Marketing Automation tools, who help us run our business;
Analytics and search engine providers that assist us in the improvement and optimization of our Services (this will not identify you as an individual).
Companies approved by you, such as social media sites (if you choose to link your accounts to us).

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International transfers

We share your personal data within the GiftBerry Group. This will involve transferring your data outside the European Economic Area (EEA).

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission or equivalent authority in the UK.
We may use specific contracts approved by the European Commission and Information Commissioner's Office which give personal data the same protection it has in the UK and EEA.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. Only authorized personnel are allowed access to your personal information. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Data retention

How long will you use my personal data for?

We will not keep your personal data that we process for longer than is necessary for the purpose(s) the data is collected. Notwithstanding the other provisions of this section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person, or for as long as reasonably necessary for audit or internal purposes.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

If you are a California resident, please click here for additional information regarding the collection and use of your information, and the rights that you have under California law.
If you are a Connecticut resident, please click here for additional information regarding the collection and use of your information, and the rights that you have under Connecticut law.
If you are a Colorado resident, please click here for additional information regarding the collection and use of your information, and the rights that you have under Colorado law.
If you are a Virginia resident, please click here for additional information regarding the collection and use of your information, and the rights that you have under Virginia law.
If you are resident of the EU and EEA, please click here for additional information regarding the collection and use of your information, and the rights that you have under the applicable law and regulations.
If you are resident of Brazil, please click here for additional information regarding the collection and use of your information, and the rights that you have under Brazilian law.
The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal information, as well as deal with any complaints that you have about our processing of your personal information.

How can I contact you?

If you have any questions about this privacy policy or the data we hold on you, or if you would like to opt out of receiving communications from us, you may contact us at: 1931 Cordova Rd, Suite 2101, Fort Lauderdale, FL 33316

Or via email at: service@giftberry.com

Last revised: August 2023

This policy may be updated or revised from time to time. It is the responsibility of the user to periodically review the policy statement to determine if there are any substantive changes.

1931 Cordova Rd, Suite 2101, Fort Lauderdale, FL 33316