User Privacy Policy

Updated: July 13, 2021

Your privacy is important to us. The websites, mobile and custom applications, widgets, and scripts, together with any services, software, or materials provided by Givz Inc. (“Givz”) through or in connection with any of the foregoing, are collectively referred to as the “Service.” The Service may be provided via Shopify, in the form of the Givz Donation Driven Marketing Shopify App (“Givz Shopify App”), or another third-party platform. This Privacy Policy addresses the collection, use, and disclosure of information that GIVZ may gather during your use of the Service. UNLESS OTHERWISE DEFINED IN THIS PRIVACY POLICY, TERMS USED IN THIS PRIVACY POLICY HAVE THE SAME MEANINGS AS IN THE GIVZ USER AGREEMENT.

Please review this entire Privacy Policy to learn the types of User Information that GIVZ gathers, how GIVZ uses that User Information, what User Information is disclosed and to what third parties, and how GIVZ safeguards your User Information.

Please also check back periodically as this Privacy Policy may change from time to time. We will notify you of any material changes by publishing the new Privacy Policy through the Service. The User Information GIVZ gathers is and will be subject to the Privacy Policy in effect at the time the information is gathered. Should you have any questions or concerns at any time, please feel free to contact us.

This Privacy Policy applies only to the Service. This Privacy Policy does not apply to any websites and/or applications managed, maintained, and/or hosted by third parties not directly affiliated with GIVZ that you may access, use, or visit, e.g., via a link provided through the Service or on a website and/or application maintained by any third party. GIVZ does not control the privacy policies of other websites and/or applications to which we may provide hyperlinks. We encourage you to learn more about the online privacy and data security policies of third party websites and/or applications directly from such third parties, as their policies may differ from ours.

PLEASE REVIEW THIS PRIVACY POLICY AND THE USER AGREEMENT CAREFULLY. BY SUBMITTING YOUR INFORMATION TO US AND BY USING THE SERVICE, GIVZ WILL ASSUME THAT YOU HAVE READ, UNDERSTOOD, AND CONSENT TO THE AGREEMENT, WHICH INCLUDES THIS PRIVACY POLICY, THE USER AGREEMENT, AND ALL OTHER APPLICABLE GIVZ RULES AND POLICIES. WE ALSO ASSUME THAT YOU CONSENT TO GIVZ’S USE OF YOUR INFORMATION AS DESCRIBED IN THE AGREEMENT. IF YOU DO NOT CONSENT, YOU SHOULD NOT ACCESS OR USE THE Service.

THE SERVICE IS OFFERED FROM THE UNITED STATES OF AMERICA AND IS NOT CURRENTLY OFFERED TO PERSONS IN THE EUROPEAN UNION OR ITS MEMBER STATES (THE “EU”). IF YOU ARE IN THE EU, YOU MAY NOT USE THE SERVICE.

1.Information GIVZ Collects

1.1 Information Collected Through Client Stores

We may process Personal Information about you that is provided to us by our Clients that you provide voluntarily when you visit our Client Stores, including purchasing products and services. This information may include your name, email address, mailing address, billing address, credit card details and telephone number. This information may also include transaction details, such as purchase and shipping information, dates of purchase and purchase history. This transaction information may also include credit card numbers and associated billing information. 

1.2 Information Collected Through The Service Directly

We may also process Personal Information about you that you provide voluntarily when you visit our Service directly, including when you are directed to our Service from a Client Store and you create an account with us to use the Service. This information may include your full name, phone number, email address, home and business postal addresses, photos of you, date of birth, and other information that could be used to personally identify you. This information may also include credit card numbers and associated billing information.  

1.3 Non-Identifying Information

We also collect other information that you provide as part of registration and the administration and personalization of your account with us that does not identify you (“Non-Identifying Information”). Non-Identifying Information includes, but is not limited to, your zip code (on its own), gender, age, and individual preferences. Certain Non-Identifying Information may be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified.  This information may also include transaction details, such as organizations which you donate to or designate for receiving contributions through the Service, and dates and history of such donations or such designations of contributions.

1.4 Usage Data

When you visit the Service, whether you are logged in or just browsing without logging in, our servers automatically record information that your browser sends whenever you visit a website and/or application. The information sent automatically by your browser is referred to as “Usage Data.” This Usage Data may include information such as the manufacturer and model of your mobile device, your Internet Service Provider (ISP); your device’s Internet Protocol (“IP”) address (or other device identifier), browser type, and operating system; referring/exit pages; clickstream data; pages of the Service that you visit, the time spent on those pages or interacting with certain portions of the Service, information you search for on the Service, access times and dates; and other statistics.

Usage Data also includes geolocation data. The Service will use geolocation data only with respect to providing and improving the Service and will not transfer this data to third parties other than in connection with their providing services to GIVZ. The Service will request your express permission to collect your geolocation data.

We use this information for technical administration of the Service, including to monitor and analyze use of the Service, to increase the functionality and user-friendliness of the Service, and to better tailor the Service to Users’ needs. Additional detail on how we may use Usage Data is provided below in Section 3.

Usage Data may be non-identifying or it may be associated with you. Whenever we associate Usage Data with Personal Information, we will treat it as Personal Information.

2.Collection of Information

2.1 Generally 

We collect Personal Information and Non-Identifying Information (together, “User Information”) in various ways. For example, we collect Personal Information about you that is provided to us by our Clients that you provide voluntarily when you visit our Client Stores, including purchasing products and services; that you provide us when you use the Service, when you visit our website and apps, when you register for an account with us, when we verify your identity for security purposes, post content on the Service, make a purchase on the Service, interact with other Users of the Service through communication or messaging features, or send us customer service-related requests.  This information may also include transaction details, such as organizations which you donate to or designate for receiving contributions through the Service, and dates and history of donations or such designations of contributions This transaction information may also include credit card numbers and associated billing information.

2.2 Collection of Information – Specific Methods, Formats and Technologies

We may also use a number of different methods, formats and technologies to collect User Information and Usage Data, including via the use of the following:

(a) Forms

We request certain information from you through the use of forms when you create an account with us. For example, when creating a member account, we may ask you to enter your first and last name, e-mail address, mailing address, phone number, and payment information.

(b) Surveys, Polls, Questionnaires

We may request certain information from you through the use of surveys, polls, and questionnaires when you sign up for certain features of the Service. For example, we may ask you to enter information like what causes are close to your heart, income bracket level, physical mailing address, and other information, so that the feature you are signing up for can be better tailored to you. Some or all of this information will be optional for you to provide.

(c) Cookies

As is regular practice on many websites and applications, the Service uses cookies and other technologies to help us understand which parts of the Service are more popular and how much time Users spend there. A cookie is a small amount of data that is sent to and stored on your device from our server. Cookies may, for example, allow a user to enter a password less frequently or remember a user’s preferences during an online session.

The Service uses cookies to determine whether a User is active and for other business purposes. The Service may include first-party cookies (i.e., cookies that send data directly to us and our agents and contractors, including cookies used to monitor, analyze, and administer the Service) and third-party cookies (i.e., cookies that send data to our contractors for their commercial use). The cookies on our Service may also track Internet activity across different websites and/or applications. Since cookies are now used as industry standard, most devices automatically accept cookies, but you can usually change your device’s settings to decline them. If you prefer not to enable cookies, you may choose to disable them; however, please note that certain features on the Service may not be available to you once cookies are disabled.

(d) Usage Data Collected via Automatic Means

Usage Data is collected automatically by the Service’s servers and software. For example, because the Service automatically collects Usage Data for all Users that visit the Service, your Service session will be tracked. You agree that we may collect and use technical data and related information, including technical information about your device, system and application software, to facilitate the provision of software updates, product support and other services to you related to your use of the Service.

Additionally, in some of our email messages, we may use a “click-through URL” linked to content on the Service. When a User clicks onto one of these URLs, the User will pass through our server before arriving at the destination Web page. We track this click-through data to help us determine User interest in certain subject matter and measure the effectiveness of these User communications. You can avoid being tracked in this way by not clicking text or graphic links in emails from us.

Finally, we may use clear gifs or pixel tags, which are tiny graphic images, in order: (i) to advise us of what parts of the Service Users have visited, (ii) to measure the effectiveness of any searches Users perform, and (iii) to enable us to send emails in a format that Users can read and tell us whether such emails have been opened in order to ensure us that we are sending messages that are of interest to Users.

(e) Tracking

Some Web browsers may be configured to send Do Not Track signals to websites, or users may use similar mechanisms, to indicate a user’s preference that certain web technologies not be used to track the user’s online activity. The Service does not accept or process such Do Not Track signals or similar mechanisms.

(f) Messaging

The Service provides messaging to enable Users to communicate with one another and/or with us. By using the Service, you acknowledge that we may review communications made between Users using the Service’s messaging for legitimate business purposes, which may include any Personal Information that you disclose, including in the course of customer service investigations regarding User complaints and disputes between Users.

(g) Public Communications

Please note that if you use any bulletin board, chat room, comment posting feature, or other public communication service, forum, or feature offered through the Service, or post any information available for viewing by other Users, which may include any Personal Information that you disclose, any of the information that you share will be visible to other Users. The information that you make available can be read, used, and collected by other Users to send you unsolicited messages outside of the Service. While all Users must adhere to our Terms of Service which include restrictions on Users’ use of the Service, we are  not responsible for the manner in which the Personal Information that you decide to share will be used by other Users.

3.Use of Information by GIVZ

We may use User Information that we collect for the following purposes: 

(a) To operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, and to respond to comments and questions and otherwise to provide support to Users.

(b) To understand and analyze the usage trends, operational performance and preferences of our Users, to improve the Service, and to develop new products, services, features, and functionality, to more effectively communicate the benefits of GIVZ offerings and to provide you additional services and functionality.

(c) To contact you for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to your content posted on the Service; or to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “GIVZ’s Opt-In/Opt-Out Policy.”

(d) We may use “cookies” information and Usage Data to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide you with customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of sections of the Service and third-party marketing activities; (iv) monitor aggregate site and/or app usage metrics; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.

(e) To add to our databases and use for business purposes, including for marketing and promotional purposes, for a statistical analysis of Users’ behavior, for product development, for content improvement, or to customize the content and layout of the Service.

We may also combine your de-identified and aggregated Personal Information with Non-Identifying Information and aggregate it with information collected from other Users in order to provide you with a better experience, to improve the quality and value of the Service, and to analyze and understand how the Service is used.

4.Sharing of Information by GIVZ

GIVZ’s policy is not to share the User Information we collect with third parties other than as specified below, or where a User expressly consents to our sharing of certain information with a third party. We may share User Information with third parties under the following circumstances:

4.1 Connecting Users

The Service uses certain information provided by Users to connect Users with each other. GIVZ may ask for access to your contacts and/or ‘friends’ on other platforms, such as Facebook and Instagram. GIVZ will never access these contacts without your consent. GIVZ may enable Users to message other Users of the Service, such as with private messages, public posts, notifications, and thank you notes.

4.2 Other Business Partners and Vendors

We work closely with our Clients, certain business partners, vendors, or third party service providers and we may provide User Information to our Clients, business partners and vendors so that they can offer or provide services to you. For example, we may share User Information with our Clients that we collect when you visit Client Stores and purchase products and services in our Client Stores and when you are directed to our Service from a Client Store and you create an account with us to use the Service, including your name and email address.  We may also share User Information with third party service providers to assist us with processing donation payments and with collecting and sending donations to the correct charitable organizations. In addition, we may provide User Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. We may also employ third party companies and individuals for any of the following: To facilitate the Service; to provide the Service or portions of the Service on our behalf; to perform related services, including without limitation, maintenance services, database management, fulfillment, web analytics, and improvement of the features or functionality; or to assist us in analyzing how the Service is being used.

Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.

4.3 Promotions

From time to time, we may offer promotions through the Service that require a separate registration. By participating in such a promotion, you agree to the official rules for the promotion, which may require that you provide certain information. Information collected in connection with a promotion will be used consistently with the promotion’s official rules and this Privacy Policy.

4.4 Business Transfers

As we continue to develop our business, we may buy, sell, or share assets in connection with, for example, a merger, acquisition, reorganization, sale of assets, bankruptcy, or other similar transaction. In such transactions, information about Users generally is often a transferred business asset. In the event that GIVZ itself or substantially all of GIVZ’s assets are acquired, information about our Users may be one of the transferred assets.

4.5 Compliance with Law and Protection of GIVZ and Others

We may disclose your information if required to do so by law or if we have a good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) to enforce or apply the Agreement, including this Privacy Policy the User Agreement, and other any GIVZ agreements, rules, and policies (ii) take precautions against liability, (iii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iv) investigate and defend ourselves against any third-party claims or allegations, (v) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (vi) protect our property or other legal rights, or the rights, property, or safety of others.

4.6 Aggregate Site Use Information

We may share aggregated, de-identified User information  with advertisers and other third parties for various purposes, including (i) in order to promote or describe use of the Service (ii) compliance with various reporting obligations; (iii) for business or marketing purposes; and (iv) to assist such parties in understanding our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service. In addition, we may aggregate and use operational performance data and usage trends of the Service for business and marketing purposes in order to publicly demonstrate the benefits of our offerings through the Service in any and all use scenarios.

5.GIVZ’s Opt-in/Opt-out Policy

You may, of course, decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. By providing an email address on the Service, you agree that GIVZ may contact you in the event of a change in the Agreement, including this Privacy Policy, to provide you with any service related notices, or to provide you with information about GIVZ events, invitations, or related educational information.

For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a User to submit or receive information, as the case may be.

We currently provide the following “Opt-Out Opportunities”:

(a) At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from GIVZ to unsubscribe from receiving such messages.

(b) At any time, you can contact us through privacy@givz.com or the address or telephone number provided below to unsubscribe from receiving such messages and to opt-out of our right per your consent under the terms of this Privacy Policy to share your Personal Information.

We may also allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in the User account functionality on the Service.

Please be aware that if you “opt-out” of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that time period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service and please note that GIVZ always reserves the right to contact you in the event of a change in the Agreement, including this Privacy Policy, or to provide you with any Service related notices.

6. Changing or Deleting Your Information

You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page on the Service. If you wish to access or amend any other Personal Information about you that we collect, or to request that we delete any Personal Information about you that we collect , please contact us with a request at privacy@givz.com. We will make every reasonable effort to ensure that any changes you make will be reflected in active user databases as promptly as possible. However, please note that we may retain your information to the extent the information is archived on back-up systems, and for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate business reason to do so.

7. Third Party Service Providers, Links to other Sites, and Third Party Advertising

This Privacy Policy applies only to the Service. This Privacy Policy does not apply to any websites and/or applications managed, maintained, and/or hosted by third parties not directly affiliated with GIVZ that you may access, use, or visit, e.g., via a link provided through the Service or on a website and/or application maintained by any third party. GIVZ does not control the privacy policies of other websites and/or applications to which we may provide hyperlinks, including but not limited to our third party service providers. We cannot be responsible for the privacy practices or the content of such non-GIVZ websites and/or applications, and we do not control the practices of any of the third party websites and/or applications or service providers to whose sites and/or apps we link. We encourage you to learn more about the online privacy and data security policies of third party websites and/or applications directly from such third parties, as their policies may differ from ours.

8. Social Media Sites

GIVZ operates and maintains social media networking pages on websites and/or applications such as Facebook, Twitter, and LinkedIn. GIVZ will, from time to time, import comments and posts from these third-party websites and/or applications to the Service. If you post to any of GIVZ’s social networking pages on third-party websites and/or applications, you are providing information to the public and do so at your own risk. Further, GIVZ may use these postings on its Service without notice or compensation to you. Please visit the privacy policies of any third party websites and/or applications before posting to GIVZ’s pages there.

9. International Transfer

By accessing and using the Service, you acknowledge and agree that GIVZ controls and operates all parts of the Service from its offices in the United States of America and that the Service is intended for use by Users located in the United States of America. Unless expressly stated to the contrary, GIVZ makes no representation that the Service is appropriate or will be available for use in other locations.

If you access the Service from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.

10. Security

We are very concerned with safeguarding your information. We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access. For example, we use commercially reasonable security measures such as encryption, firewalls, and secure socket layers (SSL) to protect User Information.

Please note that no security system is impenetrable. Accordingly, we do not guarantee the security of our databases, nor that information you supply won’t be intercepted while being transmitted to us over the Internet or other network. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons. Any information you transmit to GIVZ, you do at your own risk.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through the Service in the most expedient time possible and without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

11. Children’s Privacy

Protecting the privacy of young children is especially important. The Service is not directed to children under the age of thirteen (13), and we do not knowingly collect Personal Information from children under the age of thirteen (13) without obtaining parental consent. Under the terms of the Agreement, Users must be at least thirteen (13) years of age to access and use the Service. Any access to or use of the Service by anyone under the age of thirteen (13) is unauthorized, unlicensed, and in violation of the Agreement. By using the Service, you represent and warrant that you are thirteen (13) years of age or older and that you agree to and agree to abide by all of the terms and conditions of the Agreement. If GIVZ believes that you are under the age of thirteen (13) or that you are not old enough to consent to and be legally bound by the Agreement, GIVZ may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the Service (or any portion, aspect, or feature of them), or (ii) delete any content or information that you have posted through the Service. If you are a parent or guardian and discover that your child under thirteen (13) years of age has obtained an account on the Service, then you may alert us at privacy@givz.com and request that we delete that child’s Personal Information from our systems.

12. California Privacy Rights for Minors

To the extent required by applicable law, if you are a registered user of the Service and are under 18 years of age, you may request and obtain removal of content or information you have posted on the Service. In some cases, the Service will enable you to remove such content or information yourself. Otherwise, you may request such removal by emailing us at privacy@givz.com with a clear statement describing the content or information you would like removed and its location on the Service. The requested removal does not ensure complete or comprehensive removal of such content or information. In some cases, removal is subject to and limited by the provisions of applicable law (for example, content or information might not be removed if it was reposted by a third party, or if it has been anonymized so that you cannot be individually identified, or if it is rendered invisible to other users and the public.)

13. California “Do Not Track” Disclosure

We do not collect personally identifiable information about your online activities over time and across third-party websites or online services, and therefore do not respond to “do not track” signals or other mechanisms that allow consumers to exercise choice regarding this type of activity.

Third parties that serve or display advertisements on the Service may collect personally identifiable information about your online activities over time and across different websites when you use the Service.

14. Changes to this Privacy Policy

We encourage you to periodically review our Privacy Policy to be sure you are familiar with the most current version.

We may update our Privacy Policy from time to time. We will make reasonable efforts to notify our Users when we make any significant changes to our Privacy Policy that affect the use of any Personal Information we collect. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Privacy Policy has been posted throughout the Service indicates that you have read, understood and agreed to the current version of the Privacy Policy.

We will not make new use of any User information which GIVZ gathered from individual Users prior to any such significant change in our Privacy Policy without first obtaining the User’s consent for any new uses.

15. Contacting Us

If you have any questions or comments about this Privacy Policy, your Personal Information, our use and disclosure practices, or your opt-in/opt-out choices, please contact us at:

privacy@givz.com

GIVZ INC.

300 East 93rd St.

New York, NY 10128

16. Effective Date

This Privacy Policy was last updated on July 13, 2021.