Privacy Policy

October 11, 2013

1. Overview:

A. Disclosure Regarding Our Policy.

GatherGift, Inc., d.b.a. Splitzee (“Splitzee”, “we” or “us”) recognizes that its visitors, users and others (collectively or individually “Users”) who use www.GatherGift.com, www.Splitzee.com (the “Site” and collectively the “Sites”), and/or the Splitzee mobile application (the “Application”) value their privacy. This Privacy Policy details important information regarding the use and disclosure of User information collected on the Site and the Application. Splitzee provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Site. Please take the time to read and understand this Privacy Policy so that you can understand how we use your personal information. Remember, if you register with and/or provide any personal information to this Site, you agree to these terms. Individual requests for waivers of the Privacy Policy will not be accepted. This Privacy Policy is non-negotiable. If you do not agree to the terms of this Privacy Policy, please exit this page and do not access or use the Site.

This Privacy Policy is incorporated into and is subject to the Splitzee User Agreement and Terms of Use. Your use of the Site and any personal information you provide on the Site remains subject to the terms of this Privacy Policy and our User Agreement and Terms of Use.

B. Changes to Our Policy.

Because our business needs may change over time, Splitzee reserves the right, at any time and from time to time, to change, modify, add or remove portions from this Privacy Policy. If at any time in the future we plan to use your personal information in a way that differs from this Privacy Policy, we will revise this Privacy Policy to reflect such change. Your continued use of the Site following the posting of any changes to this policy means you accept such changes. This Privacy Policy is effective as of the date indicated at the beginning of the policy. Please review this Privacy Policy from time to time and before you provide any personal information to the Site.

2. The Information We Collect:

A. Personal Information.

You provide certain personally identifiable information (such as your name and email address) to Splitzee when choosing to use the Site.

B. Click-stream Data.

When you use the Site, our server automatically records certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

C. Cookies.

To enhance your online experience with us, we may use “cookies.” Cookies are text files placed on your hard disk by our web server to store your preferences. Cookies, by themselves, do not reveal your e-mail address or other personal information unless you choose to provide this information to us. However, once you choose to provide the personal information, this information may be linked to the data stored in the cookie.

We use cookies as a convenient feature to save you time, to understand how our Site is used, and to improve the content and offerings on our Site. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent visits. We also may use cookies to offer you products, programs or services. You can opt to have your browser reject cookies. If you do that, you may need to re-register with us every time you visit our Site in order to participate in certain promotions and programs. You should also know that companies that may advertise on our Site (and their agents) might use their own cookies. This Privacy Policy does not cover how these companies use their cookies.

D. Clear GIFs Information.

When you use the Site, we may employ “clear GIFs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.

3. How We Use Your Personal Information:

A. Personal Information.

If you submit personally identifiable information to us through the Site, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Site.

Any personal information, photographs or video that you voluntarily disclose online (on collection pages, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (and possibly your email address if you opt to make it visible to others) is displayed to other Users when you upload photographs or send messages through the Site and other Users can contact you through messages and comments. Any photographs or videos that you submit to the Site may be redistributed through the Internet and other media channels, and may be viewed by the general public.

B. Click-Stream Data and Other Non-Personally Identifiable Information.

We may use click-stream data and other non-personally identifiable information to anonymously determine how much time visitors spend on each page of our Site, how visitors navigate throughout our Site and how we may tailor our web pages to better meet the needs of visitors. We sometimes use the non-personally identifiable information that we collect to improve the design and content of our Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze how our Site is used, as well as to offer you products, programs or services. Sometimes we share aggregate information with others, including Related Companies (as defined below) and non-affiliated companies.

C. Cookies.

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our membership or marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

D. Emails from Third Parties.

We do not share personal information about our Users with third parties without consent from the User. However, email addresses of non-members may be acquired though evite lists, blogs or other sources on the Site without the permission of such non-member or the individual who included the non-member’s email address on the Site initially. Although Splitzee itself does not send any emails to non-members, third parties (e.g., promoters of events or members of Splitzee) may send emails to recipients whose email address was obtained from the Site. As a result, Splitzee has instituted mechanisms to allow such non-members to opt out of certain emails from these third parties or all emails and advertisements of Splitzee altogether. The ability to opt-out, along with other security measures Splitzee has taken are all done in order to ensure that Splitzee is fully compliant with the Can-SPAM Act of 2003.

4. Merchants.

Splitzee works with merchants to enable Users to split the cost of the products offered on the merchant’s website. When a collection for a product or service is completed, we provide to the Merchant the name of the organizer of the collection, the organizer’s e-mail address and the dollar amount of the Merchant dollar credit.

5. When Splitzee Discloses Information:

A. Processing Information.

We may provide personally identifiable information and non-personally-identifiable information to other businesses or persons for the purpose of processing such information on our behalf. In such cases, we require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

B. Obtaining Consent.

We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Site changes or for customer service purposes).

C. Non-Personal Information.

We may share non-personally-identifiable information (such as anonymous User usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Site.

D. Required by law.

We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.E. Liability; Security.

Splitzee also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Splitzee believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of Splitzee, our Users or others.

6. Collection of Information by Others:

Our Site may contain links to other websites owned or operated by third parties (collectively, the “Third Party Sites”). Such Third Party Sites may have information practices that are different from those described in this Privacy Policy. You should check the other privacy policies made available on such Third Party Sites.

7. Supplementing Information:

From time to time we may supplement the personal information you provide through our Site with information from other sources, such as information validating your address. Thus, information we obtain through our Site may be intermingled with and used in conjunction with information obtained through sources other than our Site, including both offline and online sources.

8. Security Notice:

We maintain physical, electronic, and managerial procedures in accordance with federal guidance to safeguard and help prevent unauthorized access to, maintain data security of and correctly use the personal information collected through our Site. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from our Site may not be secure. When your personal information is passed on to non-affiliated companies, to the extent practical, we require that they also have in place the appropriate safeguards. We cannot, however, guarantee that they do. Please keep these disclaimers in mind when disclosing any Personal Data via our Site.

9. Third-party Advertisers, Links to Other Sites

Splitzee may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

Splitzee does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks Splitzee to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have attended certain events) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Site, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.

You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. Splitzee’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

10. Accessing or Correcting Your Personal Information:

You can access the personal information that we have collected about you through this Site by logging onto your profile. Should you have any problems accessing your personal information or making any corrections to it please e-mail us at support@splitzee.com.

11. A Special Note for Parents:

Our Site is not geared towards children. Our Site will not knowingly accept personal information from anyone under 13 years old. If you believe that your child under 13 has gained access to our Site without your permission, you may contact us at support@splitzee.com. Protecting the privacy of young children is especially important. For that reason, Splitzee does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Site from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner. If Splitzee learns that personally identifiable information of persons under 13 years of age has been collected on the Site without verified parental consent, then Splitzee will take the appropriate steps to delete this information.

12. Merger, Sale or Bankruptcy:

In the event that Splitzee is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

13. How to Contact Us:

If you have any questions or concerns about this Privacy Policy, please contact us at support@splitzee.com.

© 2012, GatherGift, Inc.