Privacy policy

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Support Service after these changes are posted, you agree to the revised policy.

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent. By registering as a User on the Website, you consent to the collection, use and transfer of your information under the terms of this policy.


1. Information we collect from merchants

We collect your name, company name, address, email & web address, phone number and payment details (for example, your credit card information).

We use this information to provide you with our Services; for example, to confirm your identity, contact & support you, provide you with product updates, and invoice you. We also use this information to make sure that we comply with legal requirements.

We also collect data about how and when you access your account and the Gift Up! platform, including information about the device and browser you use, your network connection, your IP address, and information about how you browse through the Gift Up! interface.

We use this information to give you access to and improve our Services; for example, to make our platform interface easier to use.

1.1 Sharing this information with third parties

Gift Up! works with a variety of third parties and service providers, some of whom may be located outside the European Economic Area, to help provide you with our Services and we may share personal information with them to support these efforts.

Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.

We may also share your information in the following circumstances:

  • to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
  • to help us conduct marketing and/or advertising campaigns.
  • to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).

Personal information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.

Gift Up! will always ask for your consent before sharing your personal information with third parties for purposes other than those described in this Section 1.

Gift Up! is responsible for all onward transfers of personal information to third parties in accordance with the EU-U.S. Privacy Shield Framework, the Swiss-U.S. Privacy Shield Framework, and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).

You can cancel and delete all personal information at any time, in accordance with your rights under EU's GDPR legislation by requesting your account gets deleted at: gdpr@giftupapp.com.

1.2 Security and data retention

We employ security measures to protect your information from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

1.3 Accessing and updating

You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us at gdpr@giftupapp.com. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.


2. Information we collect from customers

We collect our merchants’ customers’ name, email, shipping and billing address, payment details, IP address, information about orders they initiate, and information about the device and browser they use.

We use this information to provide our merchants with the Services, including supporting and processing orders, risk and fraud screening, authentication, and payments. We also use this information to improve our Services.

We use some of the personal information provided to us to conduct some level of automated decision-making -- for example, we use certain personal information (for example, IP addresses or payment information) to automatically block certain potentially fraudulent transactions for a short period of time.

2.1 Sharing this information with third parties

Gift Up! does not access or pass this data on to any third party or service providers unless:

  • required for the processing of a payment & gift card order
  • explicitly requested by the merchant (i.e. if they have connected third party services, like Google Analytics. MailChimp etc... to Gift Up!)
  • to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
  • to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).

3. Third party applications

Gift Up!'s platform allows merchants to connect their stores with third party applications to alter or provide new functionalities in their account. Gift Up! is not responsible for and has no control over how these apps function. Merchants ultimately can control which apps they choose to use with their Gift Up! account, and are responsible for making sure that they do so in compliance with relevant privacy and data protection requirements.


4. Information from cookies and similar tracking technologies

What is a cookie? A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our website.

We use cookies to recognize your device and provide you with a personalized experience on our websites, or otherwise through the Services. We also use cookies as part of the Services, for example to operate the shopping cart for our merchants’ stores.


5. For how long do we retain your personal information?

In general, we keep your personal information throughout your relationship with us. For merchants, this means we will keep your information as long as you maintain a Gift Up! account. For our merchants’ customers, we generally process your information solely as a data processor on behalf of our merchants, and it is up to the merchant to determine how long they will store your information in our systems.

Gift Up! acts as a data processor on behalf of our merchants, except where personal data of merchants’ customers is used for the purposes specified for us in Section 2. Purposes include processing payments, creating gift cards and risk/fraud screening.

Once you terminate your relationship with us, we generally will continue to store archived copies of your personal information for legitimate business purposes such as to defend a contractual claim or for audit purposes and to comply with the law, except when we receive a valid erasure request, or, if you are a merchant, you terminate your account and your personal information is purged pursuant to our standard purge process as outlined in Section 1.


6. What we don't do with your personal information

We do not and will never share, disclose, sell, rent, or otherwise provide personal information to other companies for the marketing of their own products or services (other than to specific third-parties being used by those merchants if you are a customer).

If you are a merchant using Gift Up!'s Services, we do not use the personal information we collect from you or your customers to independently contact or market to your customers.


7. Residents of the European Economic Area (“EEA”)

Gift Up! works with merchants and users around the world, including in the EEA. If you are located in the EEA, your personal information is processed by Koan Adventures Ltd. As part of our service, we may transfer your personal information to other regions, including to Canada and the United States. In order to ensure that your information is protected when transferred out of the EEA, Gift Up! relies on the EU-U.S. Privacy Shield, as well as inter-company agreements between our various affiliates that may process your information on behalf of Koan Adventures Ltd.

If you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, port to another service provider, or object to certain uses of your personal data. If you are a merchant or a user of Gift Up!'s support services and wish to exercise these rights, please reach out to us at gdpr@giftupapp.com. If you are a customer of a merchant who uses Gift Up!'s platform and wish to exercise these rights, please contact the merchant you interacted with directly -- we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.

If you are unhappy with the response that you receive from us we hope that you would contact us to resolve the issue but you also have the right to lodge a complaint with the relevant data protection authority in your jurisdiction at any time.

Additionally, if you are located in the EEA, we are processing your information to fulfill orders you have placed with a merchant, unless we are required by law to obtain your consent for a particular processing operation. In particular we process your personal data to pursue the following legitimate interests, either for ourselves or our merchants:

  • to provide merchants with our services
  • to prevent risk and fraud on our platform
  • to provide communications around your order placed with a merchant
  • to provide reporting to our merchants
  • to provide troubleshooting, support services, or to answer questions

When we process personal information to pursue these legitimate interests, we do so where we believe the nature of the processing, the information being processed, and the technical and organisational measures employed to protect that information can help mitigate the risks to the data subject.


8. Control over and access to your personal information

Gift Up! understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are a merchant, you can update many types of personal information, such as payment or contact information, directly within your account settings. If you are unable to change your personal information within your account settings, or if you are concerned about data collected as you visit Gift up!'s websites or use our support services, please contact us to make the required changes at gdpr@giftupapp.com

If you are a merchant’s customer and wish to exercise these rights, please contact the merchants you interacted with directly -- we serve as a processor on their behalf, and can only forward your request to them to allow them to respond. It’s important to remember that if you delete or limit the use of your personal information, the Services may not function properly. 

If you have any questions about your personal information or this policy, or if you would like to make a complaint about how Gift Up! processes your personal data, please contact us by email at gdpr@giftupapp.com.


9. How to contact Gift Up!

Koan Adventures Ltd
Future Space,
UWE North Gate
Bristol
BS34 8RB
United Kingdom

Phone: +44 117 4285757
Email: gdpr@giftupapp.com

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