THE GIFT APP PRIVACY POLICY

LAST REVISION: August 31st, 2010

We are committed to respecting the privacy rights of all of our visitors at The Gift App (“The Gift App”).  This privacy policy (“Privacy Policy”) sets forth what personal and usage information we collect, as well as how that information is used, maintained, and in some cases, shared with third parties.  This Privacy Policy also sets forth how to contact us if you have any questions about privacy at The Gift App.

Does The Gift App Collect Any Personal Information About Users?

We do not require anyone to share any personal information about themselves in order to visit The Gift App.  However, The Gift App contains opportunities to send virtual gifts to facebook friends and publish them within sections on facebook profiles.

Does The Gift App Collect Any Personal Information About Children Under Age 13?

The Gift App
Attn: Privacy
3830 Del Amo Blvd #101
Torrance, CA 90503

What Personal Information does The Gift App Collect when I Make a Purchase at The Gift App Online Stores?

We may offer opportunities to purchase products or services for a fee. In order to purchase products or services, you must be 18 or older. The Gift App users under age 18 may be able to use a “wish list” function while browsing our online stores, but cannot make purchases.

When a customer places an order online, we collect information associated with the transaction, which may include the customer’s name, login name, mailing address, products ordered, billing address, credit card information and, where applicable, shipping address.  We may ask for this information so that we may fulfill your order.

Customers have the option of registering certain payment information for future orders while completing their order.  For customers who choose to register payment information, we will collect their name, login name, mailing address, products ordered, billing address, credit card information and, where applicable, shipping address.  When registered users return to The Gift App to place subsequent orders, they can identify themselves.

When a customer places an order where the transaction is handled by a third-party vendor, those transactions are conducted through the vendor’s website. You should be sure to review the vendor’s website terms and conditions and privacy policy before submitting any personal information or engaging in any transactions through any third-party website, as The Gift App is not responsible for any transactions made through third-party websites or for any content, terms and conditions, or privacy policies of such third-party websites.

How does The Gift App Use the Personal Information We Collect?

In addition to the uses described above, we use your information for the purpose of communication with you regarding The Gift App. We use your name, phone number, email address and credit card or other billing account type, number, and expiration date for the purpose of billing you for purchases.  Except as described in this Privacy Policy, we will not transmit your personal information to a third party without your consent.

How Does The Gift App Maintain the Personal Information We Collect?

We make good faith efforts to provide you with access to your personal information and either to correct such data at your request if it is inaccurate or delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes.  If you wish to request the correction or deletion of such data, you may contact us by email at privacy@thegiftappstore.com or by mail at:

The Gift App
Attn: Privacy
3830 Del Amo Blvd #101
Torrance, CA 90503

Please note in order to protect the security of your information, you will be required to properly identify yourself before we can process such a request.

The security and confidentiality of your personal information is important to us and we will take reasonable measures to protect it, including measures to protect against unauthorized access, alteration, and disclosure.  These security measures include, for example, internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

When Does The Gift App Share Personal Information with Third Parties?

We share personal information with third parties only in limited circumstances where we believe such sharing is (1) legally required or done to comply with a request from a government agency, (2) done in order to provide and maintain The Gift App, (3) done in conjunction with a corporate restructuring, (4) done to protect against fraud or other damage to The Gift App or to other users of The Gift App, or (5) otherwise permitted by you.  For example:

• We may provide personal information to payment service providers when you conduct payment transactions through The Gift App. The third-party service provider’s privacy policy will apply to data communicated during these transactions. 

• We may provide personal information to trusted service provider partners who are providing internal support services (“Internal Support Services Partners”) that help us provide and maintain The Gift App. In connection with this, our Internal Support Services Partners may have access to your personal information for a limited time. When we provide information to Internal Support Services Partners, we implement reasonable contractual and technical protections limiting the use of that information to The Gift App-specified purposes.

• We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share personal information with lawyers, law enforcement agents, or government agencies when we believe it is necessary to comply with the law, to prevent fraud or other illegal activity, or to prevent imminent bodily harm.

• If our corporate structure were to change, for example, if the company is sold or merged with another company, your user information may be transferred to a new entity. Should such a transfer occur, we will require that the new entity receiving your information follow this privacy policy with respect to your personal information unless the new entity first informs you of a change in the policy.

What Usage Information Does The Gift App Collect?

The Gift App employs web browser cookies and similar usage tracking technologies to collect and aggregate general information about users, including but not limited to information such as IP addresses, the type of web browser used, web pages viewed, and other information.  We may also employ web browser cookies and similar technologies in order to assist in processing your order if you make a purchase.  Except where necessary in order to complete a purchase, our cookies and similar technologies do not collect personally identifiable information. 

The aggregate information we collect via cookies and similar technologies may be combined with aggregate information of other users and analyzed.  You may be able to reject cookies or otherwise disable the collection of usage information via the settings in your web browser, but doing so may make some functions of The Gift App not work as well as they would if you choose to allow cookies and the collection of usage information.

This Privacy Policy in no way restricts or limits our collection and use of aggregate usage information, which may be shared with third parties without your consent.

Does This Privacy Policy Cover Information You Provide in Association with a Digital Millennium Copyright Act (“DMCA”) Notification or Counter-notification?

No, this Privacy Policy does not apply to information provided to us in association with a DMCA notification or counter-notification.  All information contained in or associated with a DMCA notification may be provided to the alleged infringer.  All information contained in or associated with a DMCA counter-notification may be provided to the initial DMCA claimant.

What Responsibilities Do I Have for Information I Post at The Gift App?

You may choose to use The Gift App Communication Services (as defined in the Terms of Service) to make information available to visitors to The Gift App , including but not limited to public chat, posts to your facebook profile, status updates and other information.  All users of The Gift App should be aware that information made available via the Communication Services is public.  The Gift App cannot control the actions of other users who will have access to this information, therefore, we cannot and do not guarantee that information you make public via the Communication Services will not be viewed by unauthorized persons.

We may provide security measures that are designed to restrict access to certain portions of the Communication Services, such as private chat, restricted forums, or personal instant messaging, but we cannot be responsible for circumvention of these security measures or for further distribution of any information you make available via the Communication Services by other users.  We may also provide you tools to edit and remove material you make available via the Communication Services, but even after removal, copies of any information you post may remain viewable in cached, archived, and otherwise saved media that it outside of the control of Wall of Winners.  You and you alone are responsible for any content that you choose to make available via the Communication Services.

Transmission of Information to United States Servers

If you use The Gift App outside of the United States, personal information may be transferred to servers inside the United States and maintained indefinitely.  If you are in the European Economic Area, you should be aware that this may involve the transfer of information out of countries located in the European Economic Area and to the United States.  By accessing and using The Gift App, you agree and consent to such transfer and processing of your data.

Links to Third Parties

The Gift App may contain links to other services and websites.  Should you access other services and websites through these links, you may be providing information directly to the other services and websites. We are not responsible for the privacy practices of other services and websites. We encourage our users to read the privacy statements of each and every service and website that collects personal information.

Contacting Us

The Gift App
Attn: Privacy
3830 Del Amo Blvd #101
Torrance, CA 90503