Last updated on April 7, 2022
we), collect, transfer, store and use information about you when you use or interact with our any of our websites or mobile apps and where we otherwise obtain or collect information about you. We take our obligations regarding privacy seriously and want to ensure that you are fully informed about the care and use of the information you are providing to us.
We may collect information from you, including your name, postal address, e-mail address, telephone number, cell phone number, IP address, date of birth, age, gender, payment information, social media account information, referring site, and other technical information.
- Important information about us and our offerings
- Information we collect when you visit our websites or mobile apps
- Information we collect when you contact us
- Information we collect when you interact with our Services
- Information we collect when you place an order through our Services
- eGifter Rewards Account Holders
- Information collected or obtained from third parties
- Our use of automated decision-making and profiling
- Disclosure and additional uses of your information
- How long we retain your information
- How we secure your information
- Your rights in relation to your information
- Sensitive Personal Information
- Children's Privacy
- California privacy rights
1. Important information about us and our offerings
2. Information we collect when you visit our websites or mobile apps
We collect and use information from users of our Services in accordance with this section and the section entitled Disclosure and additional uses of your information.
Web server log information
We use cloud-based providers to host the servers and provide infrastructure components and software used by our Services. Our servers automatically log the IP address you use to access our Services as well as other information about your visit such as the pages accessed, information or products requested, the date and time of the request, the source of your access to our Services (e.g. the website URL (link) which referred you to our Services), and other information regarding your visit and interactions with our Services.
Use of website server log information for IT security purposes
We collect and store server logs to ensure network and IT security and so that the server and the Services remain uncompromised. This includes analyzing log files to help identify and prevent unauthorized access to our network, the distribution of malicious code, denial of services attacks and other cyber-attacks, by detecting unusual or suspicious activity.
Unless we are investigating suspicious or potential criminal activity, we do not make any attempt to identify you from the information collected via server logs.
Use of website server log information to analyze website use and improve our website
We use the information collected by our server logs to analyze how our users interact with our Services and their features. For example, we analyze the number of visits and unique visitors we receive, the time and date of the visit, the location of the visit and the operating system and browser used.
We use the information gathered from the analysis of this information to improve our Services. For example, we use the information gathered to change the information, content and structure of our Services and individual website pages based according to what users are engaging most with and the duration of time spent on particular areas of our Services.
Cookies and Tracking Technologies
Cookies are data files which are sent from a website to a browser to record information about users for various purposes. We may use session cookies, which terminate when a user closes their browser, and/or persistent cookies, which remain on the user's computer until manually deleted.
You can reject some or all of the cookies we use on or via our Services by changing your browser settings or by using our cookie control tool, but doing so can impair your ability to use our Services or some or all of its features.
Use of web beacons and similar technologies in emails
We use technologies such as web beacons (small graphic files) and other related technologies in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates and click through rates which our emails achieve.
3. Information we collect when you contact us
We collect and use information from individuals who contact us in accordance with this section and the section entitled Disclosure and additional uses of your information.
When you send an email to the email address displayed on our website or one of our other email addresses, we collect your email address and any other information you provide in that email (such as your name, telephone number and the information contained in any signature block in your email).
Contact and/or support form
When you contact us using our contact or support form, we may collect your information, such as your name, email address, and phone number. We also collect any other information you provide to us when you complete the form.
If you do not provide the mandatory information required by our forms, you will not be able to submit the contact or support form and we will not receive your request.
When you contact us by phone, we collect your phone number and any information provided to us during your conversation with us. While we do not record phone calls as a normal course of business, we may record certain calls for quality assurance or training purposes and notify you of such. You may also leave a voicemail message with your information that is digitally recorded and stored in our phone and/or support systems. If the voicemail is received as a result of a support request, the voicemail is saved with that request.
If you contact us by mail, we will collect any information you provide to us in any postal communications you send us.
4. Information we collect when you interact with our Services
We collect and use information from individuals who interact with particular features of our website in accordance with this section and the section entitled Disclosure and additional uses of your information.
Registering for our Services
When you register and create an account on our Services, we collect the following information: name, email address and any other information you provide to us when you complete the registration form, including any optional information, such as phone number or mailing address.
If you do not provide the mandatory information required by the registration form, you will not be able to register or create an account for our services.
5. Information we collect when you place an order through our Services
We collect and use information from individuals who place an order on our website in accordance with this section and the section entitled Disclosure and additional uses of your information.
Information collected when you place an order
When you place an order for goods or services on our website, we collect, based upon your selected payment method, your name, name on credit card, credit card number, expiration date, CVV, billing address, phone number, email address and recipient details (if sending a gift).
If you do not provide this information, you will not be able to purchase goods or services from us through our Services. We need the mandatory information collected by our checkout form to establish your identity and to contact you to fulfil our obligations, including sending you receipts and order confirmations.
We also collect optional information from you, such as your mobile phone number or Facebook address. We also ask you if you would like to receive marketing communications from us. For further information, see ‘Marketing communications' in this section below.
Processing your payment
After you place an order through our Services, you will need to make payment for the goods or services you have ordered. In order to process your payment, we use third party payment processors. Your payment will be processed by any one of a number of different processors, depending on the payment method selected by you at checkout or our selected payment processor for your order.
We may send marketing communications to you after purchasing one or more of our Services.
You can opt out of receiving marketing communications from us by email by indicating that you would not like to receive such communications.
6. eGifter Rewards Account Holders
As a condition of account registration, you agree to receive marketing communications from eGifter Rewards to the email address provided during registration. Additionally, any new users added in the eGifter Rewards portal agree to receive marketing communications from eGifter Rewards to the email address provided.
eGifter Rewards will send you administrative emails with information regarding your account activity, purchases, updates or changes to your account and product catalog. Occasionally, you will receive promotional emails to update you about new services available on our site and advertise our products and services. We send promotional emails to users who register with us and have not opted-out of receiving promotional emails.
If you do not want to receive promotional emails from us, you may elect to opt-out of receiving promotional emails at any time after registering by (1) emailing us or (2) hitting the "unsubscribe" button at the bottom of any of our promotional emails. When contacting us, please indicate your name, company, email address, and what promotional emails you do not want to receive.
Please note that opting out of marketing communications does not opt you out of receiving administrative emails related to your current relationship with us, such as communications about your account activity, purchases and updates or changes to your account or product catalog.
7. Information collected or obtained from third parties
This section sets out how we obtain or collect information about you from third parties.
Information received from third parties
We receive information about you from third parties. The third parties from which we receive information about you will generally include fraud detection or management services. This information is required in order for us to provide the Services to you, including your ability to complete an order using our Services.
It is also possible that third parties with whom we have had no prior contact may provide us with information about you.
Similarly, third parties may pass on information about you to us if you have infringed or potentially infringed any of our legal rights. In this case, we will have a legitimate interest in processing that information to investigate and pursue any such potential infringement.
If we receive information about you from a third party in error and/or we do not have a legal basis for processing that information, we will delete your information.
8. Our use of automated decision making
Automated decision making is decision making by technological means (i.e. by a machine) without human involvement. We use automated decision making based on your information, which may be provided by you or collected by us from third parties such as fraud prevention agencies. Automated decisions are made as part of fraud prevention efforts and anti-money laundering checks. We do not consider that this has any legal effect on you or similarly significantly affects you.
9. Disclosure and additional uses of your information
This section sets out the circumstances in which will disclose information about you to third parties and any additional purposes for which we use your information.
Disclosure of your information to service providers
We use a number of third parties to provide us with services which are necessary to run our business or to assist us with running our business and who may process your information for us on our behalf. These include, but are not limited to, the following:
- Payment processors
- Email providers
- Telephone service providers
- IT service providers
- Cloud service providers
- Fraud detection and analytics providers
- Security monitoring and analysis providers
Some of our third-party service providers are located in the United States.
Your information will be shared with these service providers where necessary to provide you with the service you have requested, whether that is accessing our website or ordering goods and services from us.
We do not display the identities of our service providers publicly by name for security and competitive reasons. If you would like further information about the identities of our service providers, however, please contact us directly by email to email@example.com and we will provide you with such information where you have a legitimate reason for requesting it.
Disclosure of your information to other third parties
Sharing your information with third parties, which are either related to or associated with the running of our business, where it is necessary for us to do so. These third parties include our accountants, advisors, affiliates, business partners, independent contractors, and insurers.
Further information on each of these third parties is set out below.
We share information with our accountants for tax purposes. For example, we share invoices we issue and receive with our accountants.
Occasionally, we obtain advice from advisors, such as accountants, financial advisors and lawyers. We will share your information with these third parties only where it is necessary to enable these third parties to be able to provide us with the relevant advice.
Affiliates are individuals or entities we work with to promote our business by various means, including by advertising our services on their websites. Affiliates will share information with us and we will share information with them where you have expressed an interest in our products or services.
Business partners are businesses we work with which allow us to provide goods or services which we could not provide on our own. We share information with our business partners where you have requested services which they provide in connection with our own services.
We use independent contractors in our business. Your information will be shared with independent contractors subject to confidentiality requirements and only where it is necessary for them to perform the function we have hired them perform in relation to our business.
We will share your information with our insurers where it is necessary to do so, for example in relation to a claim or potential claim we receive or make or under our general disclosure obligations under our insurance contract with them.
We do not display the identities of the third parties we may share information with by name for security and competitive reasons. If you would like further information about the identities of such third parties, however, please contact us directly by email at firstname.lastname@example.org and we will provide you with such information where you have a legitimate reason for requesting it.
Disclosure and use of your information for legal reasons
Indicating possible criminal acts or threats to public security to a competent authority
If we suspect that criminal or potential criminal conduct has been occurred, we will in certain circumstances need to contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect that fraud or a cyber-crime has been committed or if we receive threats or malicious communications towards us or third parties.
We will generally only need to process your information for this purpose if you were involved or affected by such an incident in some way.
In connection with the enforcement or potential enforcement our legal rights
We will use your information in connection with the enforcement or potential enforcement of our legal rights, including, for example, sharing information with debt collection agencies if you do not pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as legal rights that we have under copyright law or tort law).
In connection with a legal or potential legal dispute or proceedings
We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process.
For ongoing compliance with laws, regulations and other legal requirements
We will use and process your information in order to comply with legal obligations to which we are subject. For example, we may need to disclose your information pursuant to a court order or subpoena if we receive one or in connection with suspected or potential money laundering matters.
10. How long we retain your information
We will retain your information for as long as your account is active, your information is needed to provide you services or fulfill your orders, as required to fulfill our legal obligations, or for any amount of time allowable by applicable law. If you wish to delete your account or request that we no longer use your information to provide you services, contact us at email@example.com. We will respond to your request in a timely manner as required by applicable law, provided that we can verify the request and your authority to make such a request. We will retain and use your information as necessary to fulfill our obligations and agreements, resolve disputes and comply with our legal obligations.
11. How we secure your information
We take technical and organizational measures which are intended to secure your information and to protect it against unauthorized or unlawful use and accidental loss or destruction. These procedures include, but are not limited to, firewalls, encryption, intrusion detection, and monitoring our Services. We also limit access to any personally identifiable information we receive to staff who need access to that information in order to do their jobs. However, no data protection procedures are entirely infallible. As a result, while we strive to protect your personally identifiable information, we cannot guarantee that it will be 100% secure. Your transmission of your data to our Services thus is done entirely at your own risk.
Transmission of information to us by email
Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.
We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.
12. Your rights in relation to your information
Under certain circumstances and subject to applicable limitations, you may have the following rights in relation to your information:
- to request access to your information and information related to our use and processing of your information;
- to request the correction or deletion of your information, where we are required to erase, based upon your verified request, your personal information to comply with local law;
- to request that we restrict our use of your information;
- to receive, where it is possible, information which you have provided to us in a structured, commonly used and machine-readable format and the right to have that information transferred to another data controller (including a third-party data controller);
- to object to the processing of your information for certain purposes where you feel it impacts your fundamental rights and freedoms, including for direct marketing purposes. As it pertains to direct marketing, you may opt out by clicking an unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link;
- to withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent; and
- to not be subject to a decision based solely on automated processing, including profiling which produces legal affects concerning you.
You can exercise any data rights applicable to you by sending an email to firstname.lastname@example.org.
Verifying your identity where you request access to your information
Where you request access to your information, we are required by law to use reasonable measures to verify your identity before doing so.
These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorized access to your information.
How we verify your identity
Where we possess appropriate information about you on file, we will attempt to verify your identity using that information.
If it is not possible to identity you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information.
We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.
13. Sensitive Personal Information
"Sensitive personal information" is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, information concerning health or information concerning a natural person's sex life or sexual orientation.
We do not knowingly or intentionally collect sensitive personal information from individuals, and you must not submit sensitive personal information to us.
Your continued use of any of our Services will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the Services and notify us that you do not want your information used in accordance with the changes.
Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purposes for which we originally collected it.
15. Children's Privacy
Because we care about the safety and privacy of children online, we comply with the Children's Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the internet. We do not knowingly contact or collect information from persons under the age of 18. The Services are not intended to solicit information of any kind from persons under the age of 18.
It is possible that we could receive information pertaining to persons under the age of 18 by the fraud or deception of a third party. If we are notified of this, as soon as we verify the information, we will, where required by law to do so, immediately obtain the appropriate parental consent to use that information or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about persons under the age of 18, please do so by sending an email to email@example.com.
16. California Privacy Rights
This section applies solely to California residents or those protected by California law. We adopt this section to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this section.
Information We Collect:
We may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
In particular, we may have collected the following categories of personal information from our Users within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number.
Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, citizenship, physical or mental disability, sex (including gender, gender identity, gender expression).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic and visual.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as class lists, student identification codes.
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Use of Personal Information
Sharing Personal Information
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, eGifter has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category G: Geolocation data.
Category H: Sensory data.
Sales of Personal Information
In the preceding twelve (12) months, eGifter has not sold personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you the information required by California law.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 516-882-1200 x888
- Emailing us at firstname.lastname@example.org
- Visiting egifter.com
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include the user's first name, last name, email address, exam date and time, and exam ID.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.