Privacy Policy

Gratafy (“Gratafy”, “us”, “we” or “our”) is an experiential marketing platform accessible at www.gratafy.com and through Gratafy’s mobile applications and the Gratafy widgets integrated into third party websites (together, the “Gratafy Platform”) that connects Gratafy users (“User(s)”, “you” or “your”) with merchants (“Merchant(s)”) to enable you to give gifts, products and services offered by Merchants (“Gifts”) and send those Gifts to your friends, co-workers, clients, family and loved-ones. Protecting your privacy is important to us. Accordingly, we’re providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive when you use the Gratafy Platform (including www.gratafy.com, our mobile application and any widgets embedded in third party websites). This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through the Gratafy Platform (e.g. if they can be accessed by links on the Gratafy Platform) or even if they link to the Gratafy Platform (e.g. a third party website that contains a Gratafy widget). For clarification: This Privacy Policy applies to your use of the Gratafy widget embedded in a third party website, but not to your use of the rest of such third party website. Any information that we collect is subject to the privacy policy in effect at the time that Information is collected. We may, however, modify and revise this Privacy Policy from time to time. Our Privacy Policy explains what information we collect and why we collect it, how we use that information, and the choices we offer, including how to access and update information. If you have any questions about our privacy policy, please email us at: legal@gratafy.com.

ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY
PLEASE READ THIS PRIVACY POLICY CAREFULLY. THIS PRIVACY POLICY APPLIES TO ALL USERS OF THE GRATAFY PLATFORM (INCLUDING MERCHANTS). BY ACCESSING OR USING THE GRATAFY PLATFORM AND ANY SERVICES OFFERED THEREON (INCLUDING ANY CONTENT POSTED THEREON), YOU SIGNIFY YOUR ACCEPTANCE OF GRATAFY’S TERMS OF USE, INCLUDING THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF USE AND THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE GRATAFY PLATFORM.
Gratafy may modify or revise this Privacy Policy at any time by posting the amended terms on the Gratafy Platform. The revised Privacy Policy will become effective immediately when posted on the Gratafy Platform. It is the responsibility of each User, Merchant or third party user to review the Gratafy Platform Privacy Policy periodically to learn of any revisions to this Privacy Policy. Your continued use of the Gratafy Platform after any revisions become effective constitutes your acknowledgment and acceptance of the terms of the revised Privacy Policy.

TYPES AND USES OF INFORMATION COLLECTED
Gratafy collects two types of information from our Users: (i) Personally Identifiable Information; and (ii) Non-Personally Identifiable Information.

Personally Identifiable Information
“Personally Identifiable Information” is information that identifies a specific User. When you engage in certain activities on the Gratafy Platform, including, but not limited to, creating a User (or Merchant) account, registering with us, purchasing Gifts from Merchants, submitting or posting content (such as photos or a review), sending feedback to us or a Merchant, requesting information about our services, or entering into a Merchant agreement, we may ask you to provide certain personal information about yourself, including your first and last names, mailing address (including zip code), e-mail address, telephone number, date of birth and gender. To enable you to purchase Gifts, we will ask you to provide us with your payment method information (e.g., credit card number, expiration date and authentication codes) or related information. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be able to engage in that activity. We use Personally Identifiable Information to provide the services offered through the Gratafy Platform to you, enhance the operation of the Gratafy Platform, improve our marketing and promotional efforts, analyze the use of the Gratafy Platform, determine the popularity of specific Gifts or other services or products, improve our service offerings and to tailor your experience with third parties.
If you choose to use any referral service to tell a spouse, family member or friend about the Gratafy Platform, we will ask you for your spouse, family member or friend’s name and e-mail address or other online contact information. You may also refer the Gratafy Platform to your spouse, family member or friend through social networks, such as Facebook. In any such case, we will send your spouse, family member or friend e-mails or other online messages inviting him or her to visit the Gratafy Platform. We will use this information for the sole purpose of sending the invitation and tracking the success of our referral program. To enable us to send your information to another person, we may store your personal information and the personal information of any recipient. We will use that other person’s contact information to allow him or her to access the information you requested we send and for no other purpose. We may also use Personally Identifiable Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Terms of Use and this Privacy Policy, comply with applicable law and cooperate with law enforcement activities.
We will also collect personally identifiable information from you about the people to whom you want to send Gifts via the Gratafy Platform and we will use that personally identifiable information for the sole purposes of facilitating the sending of those Gifts and for no other purposes absent separate agreement from those Gift recipients.

Non-Personally Identifiable Information

“Non-Personally Identifiable Information” is information that does not identify a specific User. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to the Gratafy Platform, the URL of the website you visit after leaving the Gratafy Platform, the type of browser you are using and your Internet Protocol (“IP”) address. We and/or our authorized third party service providers and advertisers, may automatically collect this information when you visit the Gratafy Platform through the use of electronic tools like cookies, web beacons, pixel tags or similar tools. We use Non-Personally Identifiable Information to troubleshoot, administer the Gratafy Platform, analyze trends, gather demographic information, comply with applicable law and cooperate with law enforcement activities. We may also share this information with our authorized third party service providers and advertisers to measure the overall effectiveness of our online advertising, content and programming. You acknowledge and agree that we may use Non-Personally Identifiable Information for any purpose in our sole discretion.
For example, if you redeem a Gift at a Merchant and make additional purchases from that Merchant using a credit card, we may track those additional purchases that you have made following redemption of your Gift, through the Merchant’s Point of Sale technology. We reserve the right to, and may, aggregate this information about your transaction history with that of other users (in an anonymous way which does not personally identify you) and to share such aggregated and non-identifying information with third party advertisers for the purposes of determining the effectiveness of the Gratafy Platform.

RELEASE AND SHARING OF PERSONALLY IDENTIFIABLE INFORMATION
We will not share your Personally Identifiable Information with other parties except as provided below:

Sharing your Information with Third Party Service Providers
We may use third-party service providers to perform certain functions on our behalf, such as processing credit card payments and debt collection, providing customer service, analyze data and traffic flow, and handling certain marketing functions. We share your Personally Identifiable Information with such Service Providers solely as needed to fulfill such functions and for no other purpose.

Sharing your Information Due to a Change in Control
As with any other business, Gratafy could merge with or be acquired by another company, sell all or substantially all of its assets or a line of business, or undergo a similar event. Gratafy has the right to assign or share the information it maintains, including Personally Identifiable Information, to one or more affiliates or to one or more successors, assigns, acquirers, or affiliates in connection with a restructuring, reorganization, merger, acquisition or other change of control of Gratafy, as well as in the unlikely event of Gratafy’s insolvency, bankruptcy or receivership. However, Personally Identifiable Information will remain subject to this Privacy Policy unless you agree to the contrary. Gratafy will notify Users of such an occurrence by posting a notice on the Gratafy Platform and/or e-mailing to the e-mail address you have provided us.

Sharing your Information for Gratafy’s Protection and for the Protection of Others
We may also disclose Personally Identifiable Information when we believe release is appropriate to comply with the law or a court order, to enforce or apply this Privacy Policy, our Terms of Use or other agreements. Additionally, we may also disclose Personally Identifiable Information to protect the rights, property or safety of the Gratafy Platform, its Users or others in situations that we believe involve potential threats to the physical safety of any person or property, if we believe that your information in any way relates to that threat.

UPDATING AND CORRECTING YOUR PERSONALLY IDENTIFIABLE INFORMATION
We believe that you should have the ability to access and edit the Personally Identifiable Information you provide us. If you register a Gratafy Account directly with Gratafy, you may change any of your Personally Identifiable Information by updating your account and you agree to maintain accurate contact information and to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Gratafy Platform. In addition, it may be impossible for us to delete completely all of your information because we periodically backup information. If you connect your Facebook account with Gratafy, you may change your Personally Identifiable Information through your Facebook account, as permitted by the functionalities of Facebook.

USER CHOICES REGARDING THE COLLECTION AND USE OF INFORMATION
Opting out of Administrative E-mails Administrative e-mails are e-mails related to a User’s activity on the Gratafy Platform, and include e-mails regarding a particular User’s account, requests or inquiries, purchases of Gifts, redemption of gifts, reception of gifts and related products and services. As a condition of purchase of Gifts, we will send you administrative e-mails. We will send you information regarding your account activity and purchases. You cannot opt-out of administrative e-mails.

Opting out of Promotional E-mails
As a condition of purchase of Gifts, we will also send you e-mails containing information regarding updates about our products and services and promotional offers (“Promotional E-mails”). Promotional E-mails advertise our products and services, including exclusive sales and other offers of Gifts, and/or the products and services of our advertisers and affiliates. In contrast to administrative e-mails, you do have a choice with respect to Promotional E-mails. You may elect to opt-out of receiving Promotional E-mails at any time after registering by updating your account settings, by hitting the “unsubscribe” button at the bottom of any of our e-mails.
We might also offer you or tell you about promotions which are tailored for you based on the Gifts that you’ve purchased, Gifts you have received from other Gratafy Account Holders or the Merchants from whom you have purchased or received Gifts (“Targeted Promotions”). You will be given an opportunity to opt-out of such Targeted Promotions.

SECURITY
We take security seriously and take numerous precautions to protect the security of Personally Identifiable Information, however, please note that no internet service is completely secure. You can access your Personally Identifiable Information on our Gratafy Platform through a password and your e-mail address or user name. We recommend that you do not share your password or user name with anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected personnel and contractors have access to.

DATA TRACKING

Cookies
To facilitate and customize your experience with the Gratafy Platform, we store cookies on your computer. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes which contains information about that user. We use cookies to save you time while using the Gratafy Platform, remind us who you are and track and target your interests in order to provide a customized experience. Cookies also allow us to collect Non-Personally Identifiable Information from you, like which pages you visited and what links you clicked on. Use of this information helps us to create a more user-friendly experience for all visitors. In addition, we may use third party advertising companies to display advertisements on the Gratafy Platform. As part of their service, they may place separate cookies on your computer (so-called third party cookies). We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by the Gratafy Platform only and does not cover the use of third party cookies by any advertiser or other third party. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies, if you wish to do so. However, if you do so, some parts of the Gratafy Platform may not work properly.

Other Tracking Devices
We may use other industry standard technologies like pixel tags and web beacons to track your use of the Gratafy Platform, or we may allow our third party service providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on the Gratafy Platform, or in our e-mails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an e-mail, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Gratafy Platform, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our affiliates or third party service providers for the same purposes.

THIRD PARTY WEBSITE PRIVACY POLICIES
This Privacy Policy only addresses the use and disclosure of information we, Gratafy, collect from you. Other websites that may be accessible through the Gratafy Platform have their own privacy policies and data collection, use and disclosure practices. We are not in control of and are not responsible for the policies or practices of third parties. If you link to any third party website, or follow a link to such website, we urge you review such website’s privacy policy.

DISCLAIMER
Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies that do the same, we cannot guarantee the security of any information transmitted to or from the Gratafy Platform, and we are not responsible for the actions of any third parties that may receive any such information. Please also refer to the sections entitled “Security.”

PUBLIC AREAS AND THIRD PARTY POSTINGS
We may provide areas on the Gratafy Platform where you can publicly post information about yourself, can communicate with others, or can review Gifts and related products and services and submit media content. This information may be accessible by other Users, Merchants and third party users and may appear on other websites or web searches. As a result, this information could be read, collected and used by others. We do not control or endorse the content, messages or information posted by third party users. We are not liable for the privacy of any of your or any other third party postings to the Gratafy Platform and specifically disclaim any liability resulting from such postings and communications, including any objectionable content. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information.

PRIVACY RIGHTS NOTICE TO CALIFORNIA RESIDENTS
The State of California enacted the Shine the Light law (California Civil Code Section 1798.83) that permits users who are California residents to request certain information regarding the disclosure of certain “personal information” during the past year for marketing purposes. To make such a request, please email us at: legal@gratafy.com.

CONTACTING GRATAFY
Please direct your questions or comments to info@gratafy.com