GIFTBIRD

PRIVACY POLICY

Effective Date: 11/19/20

General

This Privacy Policy applies to the internet sites and mobile applications of EPG5 Inc. and its affiliates ("EPG5” or “we"), including giftbird.io (the “GiftBird Website”) and the GiftBird iOS mobile application (the “GiftBird App”; and together with the GiftBird Website, the “Sites”). This Privacy Policy outlines EPG5’s collection and use of personal information through the Sites and through various social media accounts and channels (collectively, “Social Media”) including, but not limited to, Facebook, Twitter and Instagram.

Any update to this Privacy Policy will be effective upon posting a notice of the modified Privacy Policy here. We encourage you to periodically consult this Privacy Policy to learn about any modifications and updates. The terms outlined in this Privacy Policy are incorporated by reference into the GiftBird Terms of Use. If you choose not to accept the terms of this Privacy Policy, you should not access or use the Sites.

We are committed to protecting the privacy of visitors to the Sites. If you have any questions or comments about this Privacy Policy, you can contact us as described in the “How to Contact Us” section below.

Personal Information We Collect​

We collect personal information from you through the Sites as described in this Privacy Policy. Personal Information is information that personally identifies you, directly or indirectly, such as your name, home address, e-mail address, or credit card information (or other information that is associated by us with such above information). We may collect personal information that you choose to provide to us through the Sites, including, but not limited to, your first and last name, e-mail address, date of birth, or telephone number, such as when you:

  • Create an account on the Sites;
  • Use the Sites to send and receive cards (including sending recorded video messages, photos and written messages within the cards);
  • Purchase gift cards and provide us with billing information and the gift recipient’s email address;
  • Sign-up to a feature that we offer on the Sites and you provide your personal information in connection with that feature;
  • Communicate with us or tag us on Social Media (for example, contact us through social media platforms or by sending us an email);
  • Provide personal information to us through Social Media; or
  • Voluntarily provide personal information to us through the Sites.

We also may obtain personal information about you from third parties, such as the frequency with which you visit our Sites and the links you use, your gender, your user ID information, the email address and profile picture associated with your accounts on Social Media, your physical location, your photos, photo “likes” and photo tags in order to enhance the utility and user experience of our Sites, among other purposes.

We may also obtain information about you that you make available through Social Media or through third parties (including information about your friends that you share on such platforms) as well as any other information that you have permitted the third party to share with us or have otherwise made public in connection with the use of that third party service. If you post on Social Media using tags or other references to the Sites, we may also repost your photo and accompanying text on the Sites.

Personal Information We Obtain By Automated Means

When you visit our Sites, we, or third parties on our behalf, may collect certain information by automated means, such as web server logs, as well as cookies, web beacons or tracking pixels, JavaScript and other code that may run on your computer or mobile device. The information we collect in this manner includes or may, in the future, include dates and times and duration of visits to the Sites, IP address, network location, browser characteristics, device characteristics, operating system, referring URLs, and information about actions taken on the Sites. We may use third-party analytic tools and technologies to analyze this information, including how visitors use the Sites, to research our visitors’ demographics, interests, and behavior, to improve the Sites, to provide visitors with customized services and information and for other similar purposes.

Server Logs: We may use server logs, which automatically record certain information from Sites visitors, such as the number and frequency of visits, as well as IP addresses, time spent on the Sites and pages viewed.

Cookies: Cookies are small text files that store information, such as your preferences and account settings, on the hard drive of your computer. Similar to many websites, if you have enabled cookies in your browser, EPG5, independently and through enabled third-party tools and programs, has the ability to collect certain technical information, such as originating IP address, browser type, browser language, how a user got to the Sites (i.e., the URL of the last website the user visited), the next website the user visits, what pages are visited, the length of each site visit, and the date and time of the user’s visit. This information helps us track trends and improve user experiences when visiting the Sites. Your mobile phone and internet browser settings may be modified to have your computer warn you each time a cookie is being sent, or you can choose to disable all cookies. If you choose to disable cookies, the Sites may not work as it is intended. If you continue using the Sites without changing your settings, we will assume that you have accepted receipt of all cookies on the Sites.

Social Media Widgets: The Sites include social media functions, such as Instagram, Twitter, LinkedIn, and Facebook widgets. These widgets may collect information about which pages you visit on the Sites and the IP address of the device you use to connect to the Internet. The widgets may also set a cookie to ensure the features are functioning properly.

Social media functions and widgets are hosted either by a third party or directly on the Sites. Your interactions with the social media functions and widgets located on the Sites are governed by the privacy policies of the companies that provide them. If you use any of the social media functions or widgets on our Sites, we strongly suggest you review the privacy policies of the companies that provide those functions and features.

Other Tracking Technology: We may send instructions to your device using web beacons or tracking pixels (which are similar to cookies), clear GIFs, mobile analytics programs, JavaScript or other computer languages which, in conjunction with third-party tools, would enable us to gather the sorts of information described above and other details about your interactions with the Sites. We may receive information from affiliate tracking programs that allow participating organizations to display links directing users to the Sites. We may also participate in online behavioral advertising which allows certain third parties to collect information about you as you use the Sites and then utilize such information to send you targeted advertisements. When you access the Sites through a mobile device or application, we may collect location data regarding the location of your mobile device as well as information about how you browse and use the Services. We also may use third-party plug-ins and widgets on our Sites, such as social media sharing tools which may use automated means to collect information regarding your use of the Sites and your interactions with the plug-ins and widgets. This information is subject to the privacy policies or notices of the providers of the plug-ins and widgets. We encourage you to review the privacy policies of such providers to understand their policies that apply to their collection and use of information.

How We Use the Information We Collect

We may use personal information that you provide to us to respond to your inquiry, for example, to contact you about your request, ask a question, provide announcements about future events and opportunities, conduct surveys, and contact you for other reasons related to offering and improving our services.

In addition to the uses discussed above, we may also use the personal information you provide on our Sites to:

  • Operate, evaluate, and improve the Sites and our products and services;
  • Administer the Sites;
  • Develop new products and services;
  • Conduct market research; and
  • Analyze our products, services, and websites.

We use the personal information for the purposes described above because want to make the experience of the Sites the best for you and always work to experience our products and services.

Disclosure of Information

We may share your personal information with our affiliates and our advisors.

We may share personal information with third-party service providers including contractors, agents, gift card providers, merchants and payment processors, to facilitate our services and perform functions on our behalf, such as providing us with technical, analytical and hosting functions for the Sites, as well as for the fulfilment of products and services provided through the Sites. You acknowledge and agree that the collection, transfer, management, storage, and processing of personal information may be undertaken by these service providers for these purposes. These third parties may use or disclose personal information only as necessary to perform their designated functions or to comply with applicable legal requirements. EPG5 may also provide certain marketing service on behalf of third party service providers like gift card providers and merchants and also disclose certain information about you to direct marketing companies for targeted advertisement purposes.

In addition, we may disclose personal information about you (a) if we are required to do so by law or legal process, for example due to a request from a law enforcement authority, a subpoena, court order or discovery request; (b) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss; (c) when we believe in good faith that such disclosure is necessary or appropriate in connection with any activity that violates the law (including relating to intellectual property, fraud, contracts and privacy) or may expose us to liability; (d) in connection with the investigation of suspected or actual fraudulent or other illegal activity; and (e) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation).

Protection of Personal Information

The security of your personal information is important to us. We employ security measures to protect any personal information you provide through the Sites from unauthorized access or use. You should be aware, however, that "perfect security" does not exist on the Internet, and there is always the risk that unauthorized persons may access or use your personal information. You use the Sites and send us such information at your own risk.

Other Websites, Links and Third-Party Technologies

Please note that this Privacy Policy applies only to the Sites, and not to any other website that may link to or may be linked from it. We do not control the privacy policies or practices of other websites. If you follow links to websites not affiliated or controlled by EPG5, you should review their privacy and security policies, as this Privacy Policy no longer applies. EPG5 is in no way responsible for the privacy or security of these sites, including the accuracy, completeness, or reliability of their information.

Direct Communications

You may opt out of receiving email or text marketing promotions by following the unsubscribe instructions in the promotion materials you received.

You may opt out of receiving SMS messaging by replying to any message we or a third party marketing service provider sends you with the word "STOP". You may also opt out of receiving notifications on your mobile device by adjusting your device settings.

How Long We Keep Your Personal Information

The time period for which we keep personal information depends on the purpose for which we collected it. In all cases we keep it for as long as necessary to fulfil the purposes for which we collected it. We will then delete the personal information, unless we are legally required to retain it or if we need to retain it in order to comply with our legal obligations (for example, for tax and accounting purposes).

How to Contact Us

If you have any questions regarding this Privacy Policy, you can email us at hello@giftbird.io.

GIFTBIRD

TERMS OF USE AGREEMENT

Effective Date: 11/19/20

This Terms of Use Agreement (this “Agreement”) applies to the internet sites and mobile applications of EPG5 Inc. and its affiliates ("EPG5” or “we"), including giftbird.io (the “GiftBird Website”) and the GiftBird iOS mobile application (the “GiftBird App”; and together with the GiftBird Website, the “Sites”). Please read this Agreement carefully as it is an agreement between EPG5 and each user of, or visitor to, the Sites (“you”) and will govern your use of the Sites. By accessing the Sites you acknowledge and accept this Agreement and the GiftBird Privacy Policy, the terms of which are incorporated herein. EPG5 reserves the right, in its sole discretion, to amend this Agreement at any time, with such amendments to become effective immediately upon posting to the Sites. Each time you return to the Sites, you are bound by the then-current version of this Agreement, and your continued use of the Sites after any such amendment shall constitute your acceptance of this Agreement as amended. If you choose not to accept the terms of this Agreement, you should not access or use the Sites.

ELIGIBILITY

You must be at least 13 years of age to access and use the Sites. If you are between the ages of 13 and 18, you may use the Sites under the supervision of a parent or guardian. If you are the parent or guardian, then you agree to be bound by this Agreement and to accept responsibility for the use of the Sites by such minor user.

CONTENT OF SITES

The Sites contain a variety of information, including videos, text, photos, images, sound, music, and other content (collectively, “Content”) as well as trademarks, logos, copyrights and other intellectual property, all of which are owned by EPG5. EPG5 grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view, store, bookmark and download relevant Content, solely for your internal, private, non-commercial use, but you may not otherwise reproduce, sell, publish, distribute, modify, display, perform, re-post, transmit, or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of EPG5. Furthermore, you may not use any trademarks, service marks or copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. 

PROHIBITED ACTIVITIES 

The use of any data mining, screen-scraping, robots, or similar data gathering and extraction systems, techniques, or code bases for the purpose of crawling the Sites to search, monitor, harvest, scrape, copy or collect the Content is strictly prohibited.

By your use of the Sites, you agree not to engage in such prohibited activities. You agree that any breach of this Agreement shall cause EPG5 irreparable harm and injury and that EPG5 would be entitled to seek injunctive relief without any additional showing of irreparable harm or injury.

You further agree that you will not: 

  • do anything to disable or overburden the Sites or impair their function, transmit any virus, worm, time bomb or similar system interference through the Sites, or restrict or inhibit others from using the Sites; 
  • use automated means including, without limitation, robots, spiders and off-line readers to access the Sites or delete, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Sites; 
  • alter or modify the Content; 
  • forward digit greeting cards or any other Content as a mass distribution or otherwise send spam or other unauthorized advertisements or solicitations through the Sites; 
  • post the Content on another website (including social media sites), distribute or modify any portion of the Sites; 
  • remove or obscure any copyright or trademark notice or other notices or legends featured on the Content; 
  • solicit, collect or harvest passwords or other private information from users of the Sites or attempt to violate the security of the Sites to use or gain access to the information or computers of others through the Sites; 
  • use the Sites in violation of any law, regulation, rule or the intellectual property or contractual rights of others; 
  • frame the Sites within your own site or “deep link” to any pages of the Sites so as to create the impression that the Content on such pages is your own; 
  • imply or suggest that EPG5 has endorsed or is affiliated with you or any other party or website (including social media sites);
  • use the Sites to intimidate, harass or cause mental distress or discomfort to users of the Sites or any other person, or to create material that we, in our sole discretion, determine to be unlawful, harmful, abusive, offensive or otherwise objectionable;
  • impersonate another person or misrepresent your identity or affiliation with a third-party or use any account other than your own or one established by you on behalf of a business or other organization for which you are authorized to do so;
  • provide any false information to create an account on the GiftBird App; or
  • attempt or assist anyone else to do any of the foregoing. 

EPG5 may, but is under no obligation to, in its sole discretion, monitor disputes between users and investigate any complaint regarding or suspected violation of this Agreement, and may report any activity relating to the Sites to law enforcement officials or other persons or entities it deems appropriate. If you violate this Agreement, including by engaging in any of the foregoing prohibited activities, or we determine that your use of the Sites is harmful or otherwise objectionable, your permission to use the Sites shall immediately terminate without notice. You acknowledge and agree that you will be liable for all costs (including attorneys’ fees and costs) incurred by EPG5 in connection with its enforcement of this Agreement against any violation thereof by you or others at your direction. 

USER CONTENT

EPG5 takes no responsibility and assumes no liability for any content that you or any other user or third- party posts or sends over the Sites. You shall be solely responsible for the content created through your account and the consequences of posting or publishing it. You understand and agree that you may be exposed to content by other users that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that EPG5 shall not be liable for any damages you allege to incur as a result.

PRIVACY

Our Privacy Policy is part of this Agreement and is incorporated herein. 

GIFT CARDS; REFUNDS

  • You agree that any gift card purchased or received by you is issued by the merchant. You acknowledge and agree that the merchant is responsible for all terms and conditions related to the use of the gift card, and that any questions or issues related to the products or services purchased with a gift card shall be directed solely to the merchant and not to EPG5.
  • The name and email address of a gift card recipient are provided by the sender, and EPG5 is not responsible for any incorrect contact information. Subject to clause (c) below, if we are notified that the contact information is invalid, we will attempt to contact the sender via the email address associated with their user account and request correct recipient information.
  • All gift cards are provided “as is” and all sales are final. There are no refunds except as determined on a case-by-case basis by EPG5 in its sole discretion to extent that a gift card has not already been redeemed. EPG5 has no obligation to refund your purchase of a gift card. Any refunds of gift card purchases shall be subject to a cancellation fee which will be notified to the purchaser at the time of the cancellation request.
  • All in-app purchases of video cards are purchased “as is” and all sales are final. There are no refunds of in-app video card purchases.

LINKED WEBSITES 

EPG5 is not responsible for reviewing, monitoring, endorsing or controlling the content on any websites linked to or from the Sites. You visit any website linked to or from the Sites at your own risk and are subject to the privacy policies and terms of use of any such websites. EPG5 expressly disclaims responsibility for the privacy policies and terms of use of third-party websites linked to or from the Sites. In particular, your business or other course of dealing with any such websites are strictly between you and such websites and we are in no way responsible for any loss or damage you may suffer as a result of those dealings.

INTERNATIONAL USE

The Sites are operated and controlled by EPG5 in the United States. EPG5 makes no claims that the Content or the Sites are appropriate or may be viewed or used outside the United States. Access to the Sites from countries or territories where such access is illegal is prohibited. Those who access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations. 

NO WARRANTIES; DISCLAIMER

THE SITES, THE CONTENT AND THE GIFT CARDS ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EPG5, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM THE SAME, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR ABSENCE OF VIRUSES OR OTHER HARMFUL CODE. EPG5 DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR PRODUCTS ACQUIRED PURSUANT TO YOUR USE OF THE SITES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU USE THE SITES SOLELY AT YOUR OWN RISK. 

LIMITATION OF LIABILITY; DAMAGES 

To the fullest extent allowed by law, in no event shall EPG5, its affiliates and their respective officers, directors, employees, agents and representatives be liable to any party for any direct, indirect, special, consequential, incidental or punitive damages, including damages for lost profits or business interruption, relating to your access to, or use of (or inability to use), the Sites or any Content therein. This is true even if EPG5 has been advised of the possibility of such damages or losses. 

YOU HEREBY ACKNOWLEDGE AND AGREE THAT IN NO CIRCUMSTANCES SHALL OUR DIRECT DAMAGES TO YOU UNDER ANY CLAIM OR CAUSE OF ACTION WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT PAID TO US BY YOU, IF ANY, OR (B) $100.

INDEMNIFICATION 

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT EPG5’S OPTION, DEFEND EPG5 FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS (INCLUDING ATTORNEYS’ FEES AND EXPENSES (INCLUDING THE FEES AND EXPENSES OF SEPARATE COUNSEL) AND DAMAGES RESULTING FROM OR INCURRED IN CONNECTION WITH (A) YOUR USE OF THE SITES IN VIOLATION OF THIS AGREEMENT; AND (B) ANY INFRINGEMENT BY YOU, OR A THIRD PARTY USING YOUR ACCOUNT OR OTHERWISE DIRECTED BY OR ASSOCIATED WITH YOU, OF AN INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU SHALL NOT SETTLE ANY CLAIM UNLESS SUCH SETTLEMENT COMPLETELY AND FOREVER RELEASES EPG5 FROM ALL LIABILITY WITH RESPECT TO SUCH CLAIM OR UNLESS EPG5 PROVIDES ITS PRIOR WRITTEN CONSENT TO SUCH SETTLEMENT; PROVIDED THAT EPG5 SHALL HAVE THE RIGHT, AT ITS SOLE OPTION, TO DEFEND ITSELF AGAINST ANY SUCH CLAIM OR TO PARTICIPATE IN THE DEFENSE THEREOF BY COUNSEL OF ITS OWN CHOICE. 

THIRD-PARTY BENEFICIARIES 

There are no third-party beneficiaries to this Agreement other than Apple Inc. and its subsidiaries (collectively, “Apple). You agree that Apple will be entitled to enforce this Agreement against you as a third-party beneficiary hereof.

ARBITRATION; NOTICES

  • This Agreement and your use of the Sites and Content are governed by the laws of the State of New York without reference to its choice of law or conflicts of law principles. As the exclusive means of initiating adversarial proceedings to resolve any disputes, controversies or claims between you and EPG5 arising out of or in connection with this Agreement, the Content or your use of the Sites, you or EPG5 may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules in a place mutually agreed by the parties located in Manhattan, New York City. The party commencing the arbitration shall be solely responsible for all filing fees. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except to the extent necessary to obtain court confirmation of the arbitration award.
  • You agree that any notice delivered to you in connection with the Sites or this Agreement including, without limitation, for purposes of arbitration, shall be delivered solely via email to the email address associated with your account on the GiftBird App. Any notice delivered to us in connection with an arbitration or otherwise shall be delivered to the email address specified in the Customer Support section below.

CUSTOMER SUPPORT

Please contact hello@giftbird.io for any questions or issues related to your account or to terminate your account. You agree that you will not direct any questions, requests for assistance or other inquiries to Apple or any other internet provider or third-party website. We would also welcome any feedback you may have about the Content or our service. Please contact us at the email above to provide any such feedback.

SEVERABILITY

This Agreement represents the entire agreement between you and us with respect to your use of the Sites and the Content. If any provision of this Agreement is found to be invalid or unenforceable, the other provisions will remain in full force and effect. The failure of EPG5 to exercise any right or remedy available to it under this Agreement or otherwise under law shall not be deemed a waiver or modification of such rights.

© 2020 EPG5, Inc. All rights reserved.