Privacy Policy

This privacy policy and agreement (the 'Privacy Policy' or 'Policy') explains how, with your permission (as set out below) giftimagine.com ("Imagine Gift Store", 'we' or 'us') collects, uses, and treats information that we receive about you ('User Information').

The terms 'you' and 'your' refer to (1) any individual about whom we have User Information ('Data Subjects') and (2) any individuals who provide to us User Information about Data Subjects ('Third-Party Data Providers').

For your convenience, Section 13 provides a full set of definitions used in this Privacy Policy.

1. Your Consent

Please read this Privacy Policy carefully; when you consent to this Policy's terms, it creates legal obligations on you and on us. We ask you to show your consent to the terms of this Privacy Policy in different ways, depending on your relationship to us.

1.1. Consent via the Website.

By accessing and using our Website as a Site Visitor, you are acknowledging that you agree to be legally bound by this Privacy Policy. If you register as a Site Registrant or a newsletter signup, such as by clicking an 'I Accept' button linked to this Policy during the registration process, you further agree to be bound by this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please contact us in accordance with Section 14 (Contact Us), or refrain from using our Site.

1.2. Consent Independent of the Website.

If you provide User Information to us about yourself or someone else (i.e., as a Third-Party Data Provider), you agree to be bound by this Privacy Policy.

1.3. Representations and Warranties.

If you provide User Information to us about a Data Subject, you warrant and represent that you have first obtained consent from the Data Subject that is sufficient for this Privacy Policy.

2. The Types Of Information You May Provide

User Information falls into four categories: (i) Contact Information; (ii) Personal Information; (iii) Anonymous Information; and (iv) Other Information. These categories are defined further, below:

2.1. Contact Information.

The term 'Contact Information' means information about a Data Subject that would allow us (or others) to identify and contact the Data Subject, consisting of the Data Subjects' name, mailing address, telephone number, email address, and other contact information.

2.2. Personal Information.

The term 'Personal Information' means the information that could reasonably be used to identify the Data Subject, including the Data Subject's Contact Information.

2.3. Anonymous Information.

The term 'Anonymous Information' means information that does not identify a Data Subject, and may include statistical information concerning, for example, the pages on our Website that Users visit most frequently.

2.4. Other Information.

The term 'Other Information' means all other information - except for Personal Information - we receive about a Data Subject. This information may include, but is not limited to, requests for products or services, and comments.

3. Your Responsibility For Providing Information.

We counsel you to take care when providing information to us. If we ask for Contact Information over the Website we will do so by labeling the appropriate portion of the online form or submission area with the specific information we seek. (For example, if we ask you for a Name, the online form will have a specific area labeled as 'Name'.) If we have not specifically asked for a Data Subject's Contact Information in a particular portion of an online form or submission area, we counsel you not to provide it in that portion of the form or submission area. If you choose to disclose Contact Information to us where it is not specifically requested, that information will be treated and protected as Other Information, not Personal Information.

4. Our Uses Of Information About Data Subjects

We use Personal Information about Data Subjects only as provided in this Policy. We may collect information about Data Subjects at different points (for example, when you request information or apply for jobs on our Website), and use this information as follows:

4.1. Providing Information, Goods, Or Services.

We use Personal Information and Other User-Submitted Information to provide the information, goods and services that the Data Subject requests.

4.2. Third-Party Information.

We may ask you to provide Personal Information for third parties through the Site or other channels; when we do so, we will use this information to help provide the information, goods, or services you have requested. In certain sections of our Website, for example, we may ask you to provide the name and email address of the person who referred you to us. We may use the information you provide in this section to contact that person in connection with your inquiry. When we ask for this information, rest assured that it will be protected under this Privacy Policy in the same way we protect your Personal Information. Before you submit Personal Information about third parties to us, please be sure you have permission from the third party to share this information with us.

4.3. Verifying Identity.

When you request a product, service or information from us, we may collect additional Personal Information to verify your identity and process your request, beyond the data we originally received about you. This is designed to further protect you and to reduce the threat of identity theft and fraudulent orders.

4.4. Promotions.

We believe that our Users' own experiences with us can often act as the strongest promotion for our products and services. To promote and illustrate our products and services, we may wish to post on our Website home page, on other areas of a website, or elsewhere, endorsements from, or other descriptions of experiences by, our Users. You agree that your Contact Information and experiences with us may be used and adapted for these purposes (without the need for compensation).

4.5. Informational Notices and Bulletins.

Periodically, we may choose to send news, bulletins, or other information to Data Subjects, and will use Contact Information to send such communications. If we choose to undertake such communications, the Data Subject will have the ability to opt out of receiving these communications as provided in Section 8 (Opting Out), provided, however, that there are certain communications for which Data Subjects cannot opt out. Please refer to Section 8 for more details.

4.6. Surveys.

Periodically, we may initiate surveys on our Site, through the mail or by other means, and we may request Contact Information or other Personal Information from you in connection with such surveys. You are free to choose whether you participate in this type of survey. Survey information will be used for purposes of monitoring or improving the use and appeal of our Site, improving our products and services, or for other business purposes. The information we receive through the survey will be used in accordance with this Privacy Policy, provided, however, that if we want to use your information in a manner different than set forth in this Policy, we will notify you of relevant details in connection with asking for your participation in such surveys.

5. Anonymous, Aggregate Information.

We use Anonymous Information to analyze the effectiveness of our Site, to improve our products and services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Users participating in our services and the characteristics of visitors at our Site, and may share Anonymous Information with third parties, including advertisers (if any). Rest assured, though, that Anonymous Information provided to third parties will not allow anyone to identify the Data Subject, or determine anything personal about the Data Subject. We may collect Anonymous Information through features of the software that supports our services, through cookies, and through other means described below.

5.1. IP Addresses; Logs.

Either directly, or through our hosting service provider, we may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer's name, the type and version of your web browser, referrer addresses, where the computer is routing from, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes.

5.2. Cookies.

A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.

5.3. Tags.

We may use so-called 'pixel tags' - small graphic images (also know as 'web beacons', 'single-pixel GIFS', or 'Web bugs') - for purposes such as (i) to tell us what parts of our website have been visited, (ii) in connection with advertisements we may include on the Site, (iii) to measure the effectiveness of searches you perform on our Site, and (iv) for other purposes. Pixel tags also enable us to send email messages in a format you can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our Users and others. None of this data includes Personal Information, and you can 'opt-out' of receiving these types of emails from us by following the directions provided in Section 8 (Your Choices; Opting Out). If any Personal Information is collected using such tools, it will be subject to the terms of this Privacy Policy.

5.4. Click-Throughs.

We may send email messages which use a 'click-through URL' linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 8 (Your Choices; Opting Out).

5.5. Banner Ads; Advertising Profiles.

Our Site may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider or advertiser ('Advertisers'). These Advertisers may use traditional banner ads, or other advertising methods, such as advertising using profiles and related content. An Advertiser may place or utilize its own cookie on your browser, and may use Anonymous Information about your visit to our Site, such as the number of times you have viewed the ad. If the Advertiser requests that you provide to it Personal Information, please be aware that this Advertiser's use and collection of this information will be governed by its own privacy policy, and not our Policy. We recommend that you review the Advertiser's privacy policy before providing Personal Information.

6. Any Information Linked With Personal Information Is Protected As 'Personal Information'

To enable us to better understand your characteristics and/or to provide services tailored to your needs, we may link Personal Information with (b) any combination of (i) Anonymous Information; and (ii) Other Information. If we combine or link any Anonymous Information or Other Information with a Data Subject's Personal Information, the resulting combination will be treated and protected as Personal Information under this Privacy Policy.

7. Disclosures To Third Parties

We will not disclose Personal Information about a Data Subject to any third parties without the Data Subject's express consent, except in the circumstances specified below.

7.1. Vendors.

We employ other companies to perform functions on our and on your behalf, such as providing services related to our products, maintaining the Website, collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share Personal Information with companies that assist in the running of our business (collectively, 'Vendors'). We will provide Vendors with only that Personal Information necessary to perform their functions, and we will not allow them to use Personal Information for any purpose inconsistent with this Policy. We require that our Vendors agree contractually to comply with privacy laws, and agree to maintain protections for Personal Information that are consistent with this Policy.

7.2. Affiliates.

In order to provide Data Subjects with valuable product and service offerings, we share Personal Information with our Affiliates. Our Affiliates have agreed contractually to comply with privacy laws, and have agreed to maintain protections for Personal Information that are consistent with this Policy. Data Subjects have the ability to 'opt-out' of this information-sharing, by following the directions provided in Section 8 (Opting Out).

7.3. Local Providers.

Upon receipt of an "opt-in" request from a Data Subject, we will share Contact Information from that Data Subject with local businesses and others that provide goods and services that may be useful to our clients (collectively, "Local Providers"). Although these Local Providers generally have information privacy procedures in place, this Privacy Policy does not govern Local Providers' information privacy practices, and a Data Subject should inquire about the Local Provider's privacy policy to ensure it is acceptable before sharing sensitive information. We provide services to our customers whether or not they "opt-in" to information-sharing with Local Providers. Moreover, if a Data Subject later wishes to withdraw his or her opt-in decision, the Data Subject has the ability to 'opt-out' of this information-sharing, by following the directions provided in Section 8 (Opting Out).

7.4. Questions of Harm

We may reveal Personal Information about Data Subjects on a case-by-case basis to attorneys, private investigator organizations or law enforcement agencies if we believe (a) that the Data Subject is in risk of harm from another, or (b) that the Data Subject is harming or interfering (or will harm or interfere) with others, or is violating (either intentionally or unintentionally) our Website Terms of Use or are otherwise violating legal obligations.

7.5. Legal.

We will reveal Personal Information about Data Subjects to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of Personal Information about a Data Subject, we will attempt to notify the Data Subject via the email address we received for the Data Subject within a reasonable amount of time before we respond to the request, unless such notification is not permitted.

7.6. Transfer of Ownership.

We shall be entitled to transfer Personal Information to a third party in connection with a sale of all or substantially all of the assets of the business entity responsible for the information under this Policy, provided the acquiring third party has agreed to safeguard your Personal Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

8. Opting Out

Because we respect privacy rights, we give Data Subjects the following choices of how their Personal Information may be used:

8.1. Opting-Out of Updates.

If we choose to send to bulletins, updates, product offerings, or other communications to Data Subjects, we will provide them with the ability to decline - or 'opt-out of' - receiving such communications. Instructions for opting-out will be provided if and when we determine to send such a communication. Please understand that Data Subjects will not be allowed to 'opt-out' of formal notices concerning operation of our Websites, and legal and other related notices concerning their relationship to us or the Website.

8.2. Opting-Out of Information-Sharing.

Data Subjects may choose to opt out of our information-sharing with our Affiliates and/or with our Local Providers. Making this decision will prevent us from sharing their Contact Information with our Affiliates or Local Providers, and this choice may limit our ability to offer them certain information, services and products provided by our Affiliates and Local Providers. To opt-out of our information-sharing with Affiliates and/or Local Providers, please contact us as provided in Section 14. Please understand that opting-out with respect to Local Provider information-sharing will apply to future information exchanges; a Data Subject must look to the Local Provider's privacy policy to determine his or her ability to "opt-out" with respect to information already on file with the Local Provider.

8.3. Opting-Out and Multiple Data Subjects.

For products and services that were ordered by a single Data Subject, but that apply to multiple Data Subjects or other individuals, we will treat an opt out by any Data Subject as applying to all Data Subjects (or others) covered by the products or service. (For example, if you are the head of household and opt-out under this section, we will apply that opt-out decision to your family as well.)

9. Access; Removing Information

We provide Data Subjects with access rights to their User Information and provide them with the right, upon their request, to remove their information in accordance with our contracts with the law, as we reasonably interpret them. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. Data Subjects may not remove de-identified, anonymous, or aggregate data from our databases.

10. Security

We have put in place security systems, physical safeguards, technical safeguards, and quality controls designed to prevent unauthorized access to, or disclosure of Personal Information. Our security systems are structured to deter and prevent unauthorized users and others from accessing Information we receive about Data Subjects. Please understand, though, that these safeguards are not fail-proof and, due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim (to the extent permitted by law), assurance that the information we receive about Data Subjects will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

Moreover, please keep in mind that you also play a key role in protecting the security of information about you. For example, you should guard your password to our Website, and decline to allow others to use this password. In addition, you should close your browser when you have finished viewing your information on our Website, to prevent others from viewing your Personal Information.

11. Website Participation by Children and Teens; Advisory

Due to federal law (as reflected in the Children's Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR WEBSITE OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR WEBSITE AND SERVICES. IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. Please understand that we cannot necessarily tell if a user is providing us with his or her true age.

12. Notification of Changes

From time to time, we may change our Privacy Policy. If we make any changes regarding the Policy, we will post the new Policy via the privacy link on our Website and make the new Policy available in paper-form upon request. Changes to the Privacy Policy will become effective to Data Subjects and Third-Party Data Providers upon consent, pursuant to Section 1 (Your Consent) and will be retroactive to the first time we received User Information from or about you.

13. Definitions

13.1. Anonymous Information. The term 'Anonymous Information' has the meaning set forth in Section 2.4.

13.2. Contact Information. The term 'Contact Information' has the meaning set forth in Section 2.1.

13.3. Local Provider. The term "Local Provider" has the meaning set forth in Section 7.3.

13.4. Personal Information. The term 'Personal Information,' has the meaning set forth in Section 2.3.

13.5. Site Registrant. The term 'Site Registrant' means an individual who visits our Website and creates an account or profile with us.

13.6. Site Visitor. The term 'Site Visitor' means any individual who visits our Website.

13.7. User. The term 'User' means (i) Site Visitors, (ii) Site Registrants, and (iii) Non-Website Users.

14. Contact Us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Website, please contact us at: info@GiftImagine.com.

15. Effective Date

The effective date of this Privacy Policy is November 3, 2023.