PRIVACY
POLICY
Last Modified September 15, 2010
newgiftdepot ("We", "Us", the "Website(s)") are solely responsible for
the administration of this membership incentive offer. The owners of any trademarked
names and merchandise used in our promotions do not sponsor and have not
endorsed this promotion nor are they affiliated with us in any way. All
trademarks are the property of their respective owners with all rights
reserved.
To become a member and participate in our promotions, you must be at least 18
years old and a legal resident of the United States with a valid email and
mailing address. If you do not meet these requirements, we ask that you do not
complete the registration process. Furthermore, if you do not wish to
receive marketing offers and promotions via email, direct mail, SMS text and/or
telephone (see below under "Opt-In Notice"), we ask that you carefully consider
whether to complete the registration process.
How We Collect And Use Information:
This Policy describes how we store and use
the information you submit to us. Our registration form requests that you
provide certain contact and profile information (like your name, e-mail
address, postal address, and phone number). This information is required in
order for us to communicate with you about your membership and send you
products you have chosen in response to our incentive offers.
Additionally, we may obtian information about you from outside sources and add
it to your membership information. We do this to improve personalization of the
Services (for example, providing advertising or special offers that we think
will interest you).
We also collect information such as the identification of the server your
computer is logged onto and whether you responded to e-mail messages delivered
to you on our behalf. We also may compare our member list to lists received
from other companies, in an effort to avoid sending identical messages to our
members. You can add and modify any of the information you have provided by
following the instructions set forth below.
Cookies: A cookie is a small text file stored on a user's computer for
record-keeping purposes. We may use cookies to, among other things, save your
password so you don't have to re-enter it each time you visit the website. Many
web browsers are automatically set to accept cookies. You may change your
browser settings to either reject cookies or notify you when a cookie is about
to be placed on your computer. Please note, however, that rejecting cookies
while visiting the website may result in certain parts of the website not
operating correctly or as efficiently as if they were allowed. For example, you
may need to enter your username and password each time you visit member's only
areas.
This Party Advertisers: We work with third party advertising companies to display ads and collect information when you visit our websites. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here.
We also provide links to external advertisers and marketing partner companies; these sites may choose to use cookies to better promote their products and services. These advertisers and marketing partner companies have their own privacy procedures and policies that are not controlled by us. We encourage our users to be aware of the individual privacy policies of every Web site that the user contacts.
Clear Gif's (Web Beacons/Web Bugs): We may also use clear gif's (also known as web beacons or web bugs) to help us determine what content on our site is most effective. Clear gif's are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. We do not tie the information gathered by clear gif's to users’ personally identifiable information.
If
you would like more information about cookies, clear gif’s and your choices, click here.
E-mail Links: In some instances we may include certain links in our e-mails
that will allow us to monitor whether you access specific content or
advertisements contained in that e-mail. When you click on one of these links,
we will record that click and certain activities on the Web page associated
with that link. We may use this information for various purposes, such as to
conduct internal research on our users' demographics, interests, and behavior
in and to our e-mail advertisements and content, and to better understand and
serve you.
We
use all of this information in the following ways:
1. to provide you with personalized marketing information via electronic
delivery, telephone and/or direct mail;
2. to send you targeted advertising via electronic delivery, telephone, SMS
text, and/or direct mail;
3. to contact you for feedback and surveys via electronic delivery, telephone
and/or direct mail;
4. to send you general and administrative information about your membership via
electronic delivery, telephone and/or direct mail;
5. to provide your contact information to our marketing partners to allow them
to send you special offers via electronic delivery, telephone and/or direct
mail. This most often occurs when you request that we do so such as when
completing an online survey; and
6. to deliver products to you for the purpose of incentive redemptions, contest
fulfillment or product review and testing.
We may also employ other companies and individuals to perform certain functions
on our behalf. Examples include sending direct and electronic mail, removing
duplicate information from customer lists, analyzing data, and providing
marketing analysis. These agents have access to members’ personal information
as needed to perform their functions for us but we do not permit them to use it
for other purposes.
The cost of your cash or gift certificate redemption is absorbed by the sponsoring companies featured on this site. Users who opt-in to the offerings from these sponsoring companies are also electing to receive additional information from these companies. The companies may request additional demographic and/or personally identifiable information for their use in subsequent marketing and promotion activities. We are not responsible for the privacy practices or the content of such third party sites. If you have a question about the privacy policy of those other sites, please contact them directly.
Right to Sell/License Data: We may sell and/or license the personal information that you provide to us to third party businesses. These businesses may include providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation, email marketing, SMS text marketing and telemarketing.
OPT-IN NOTICE: By Participating, You
Expressly "Opt In" To Receive Information And Grant Us Permission To
Share Your Information:
Telemarketing: By accepting the terms and conditions of this
website, providing your telephone number to participate, and selecting 'Yes' to
any question on the website promoting products or services, you are agreeing to
potentially receive telemarketing calls by us or on behalf of our marketing
partners or affiliated entities. Notwithstanding that your telephone number may
be listed at the Federal Trade Commission's Do-Not-Call List, you give us, our
partners or affiliated entities the right to contact you via telephone.
SMS, Wireless and Other Mobile Offerings: This website, websites
linking to this website, and websites linked from this website
(collectively "We") may make available a service either directly or
through third parties by which you can receive messages on your wireless
device via short message service ("SMS Service"). Your provider's
standard data and messaging rates apply to all SMS correspondence. All
charges are billed by and payable to your mobile service provider. You
represent that you are 18 years of age and the owner or authorized user
of the wireless device on which messages will be received, and that you
are authorized to approve the applicable charges. Data obtained from you
in connection with this SMS Service may include your name, address,
cell phone number, your provider's name, and the date, time, and content
of your messages. The use of this information will be in accordance
with this Mobile Policy. If fees are charged to your wireless account
invoice, we may provide your carrier with your applicable information in
connection therewith. Your wireless carrier and other service providers
may also collect data about your wireless device usage, and their
practices are governed by their own policies. You acknowledge and agree
that the SMS Service is provided via wireless systems which use radios
(and other means) to transmit communications over complex networks. We
will not be liable for any delays in the receipt of any SMS messages, as
delivery is subject to effective transmission from your network
operator. SMS message services are provided on an AS IS basis. We do not
guarantee that your use of the SMS Service will be private or secure,
and we are not liable to you for any lack of privacy or security you may
experience. You are fully responsible for taking precautions and
providing security measures best suited for your situation and intended
use of the SMS Service. You may opt out of the SMS Service at any time
by replying "STOP", "END", or "QUIT" to the SMS text message you have
received. This process impacts only the future delivery of the
particular SMS message offering, so you must send that message for each
offering.
Disclosures: We may disclose information about you and your use of our
Web Site and Services if we believe such disclosure is reasonably necessary:
(i) to comply with the law or legal process; (ii) to protect or defend the
rights or property of us or others; (iii) to enforce the Website Terms and
Conditions or this Privacy Policy; and (iv) to respond to claims that the
content(s) of a communication violates the rights of another. In addition we
may share or transfer information about you and that you provide to us, to one
or more third party entities pursuant to a sale, merger, assignment, joint
venture or other transfer or disposition of a portion, or all of, the assets or
stock of our company or its affiliated entities, or as otherwise provided
herein. We may also disclose information to allow third party business partners
and affiliates deliver marketing offers to you.
Security: The Web Site has security measures in place intended to protect the loss, misuse and alteration of the information under our control. Our hardware infrastructure is housed in a controlled access facility that restricts access to authorized individuals with positive identification. Our network access to the infrastructure is protected by a firewall protection system. Member information is backed up on a periodic basis to protect against accidental loss. However, we cannot guarantee that communications between you and us will not be intercepted by others and that information stored on our servers will be free from unauthorized access. While we have taken reasonable precautions to protect this information, you should always use discretion in what information you send to us and not expect that such information will be absolutely free from intrusion.
California Privacy Rights: Beginning January 1, 2005 under California’s
“Shine the Light” law, California residents who provide personal information in
obtaining products or services for personal, family or household use are
entitled to either (1) a list detailing the categories of information shared
and the entities to which such information was provided; or (2) be notified of
a mechanism by which a consumer may opt-out of having their information shared
with third parties. We have elected the second option.
For California residents to opt out of having your information shared with third parties send your request including your full name, email address and postal address to: California Privacy Compliance, 12520 Westheimer Road A-1 #270 Houston, TX 77077 .
Updates: We may revise this Policy at any time in the future to (i) improve or modify the Service, (ii) reflect future developments in data information gathering, storing and release practices, (iii) comply with applicable laws, and (iv) reflect changes in business structure. Accordingly, you should review these terms and policy from time to time to check for updates. Your continued use of the Website shall evidence your acceptance of any changes.
DISCLAIMER OF WARRANTIES: THE SITE, THE GIVEAWAY, THE PROGRAMS, PRIZES, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A THE SITE, THE GIVEAWAY, THE PROGRAMS, PRIZES, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE GIVEAWAY, THE PROGRAMS, PRIZES, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE APPLICABLE PRIZE OR GIFT WILL MEET WITH YOUR REQUIREMENTS AND/OR THAT ANY THIRD PARTY PARTNER WILL PERFORM ITS ASSOCIATED OBLIGATIONS IN A TIMELY OR SATISFACTORY MANNER; (D) YOU WILL QUALIFY FOR A GIFT BY COMPLETING ANY OF COMPANY’S THIRD PARTY PARTNERS’ PROGRAM TERMS; OR (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE GIVEAWAY, THE PROGRAMS, PRIZES, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS WILL BE ACCURATE OR RELIABLE. THE SITE, THE GIVEAWAY, THE PROGRAMS, PRIZES, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, ANY OF ITS THIRD PARTY PARTNERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.