Privacy Policy

SEND HEIRLOOM, INC. PRIVACY POLICY

LAST MODIFIED: October, 2020

At Send Heirloom, Inc. (“Send Heirloom,” “we,” “our,” or “us”) we are committed to respecting your privacy. This Privacy Policy (“Privacy Policy”) explains how Send Heirloom collects and uses personal information, and the choices you can make. This Privacy Policy applies to your use of sendheirloom.com and our other general audience websites, applications and services that link to this Privacy Policy. This Privacy Policy also addresses information we collect from you when you contact one of our customer service representatives or when you respond to a survey or enter a contest or sweepstakes that we administer. We encourage you to read this Privacy Policy in its entirety before using our services. By using our services, or making a purchase with us, you acknowledge that you have read, understand, and agree to this Privacy Policy.

What personal information do we collect? How do we use that information?

We collect various types of personal information when you register via our websites, mobile sites or mobile applications (our “Sites and Apps”); purchase any products or services from us; contact one of our customer service representatives; register for customer rewards programs; or complete a survey or enter a contest or sweepstakes that we sponsor. This information may be collected directly from you (for example, when you complete our forms or enter your information on our websites to make a purchase) or indirectly through your device or browser when you visit our Sites and Apps.

We use your information to fulfill product orders, to customize and improve the advertising and content you see, to offer suggestions for personalized products based on your content, to deliver marketing communications and promotional materials that you may be interested in, to contact you and provide customer service, to protect the security or integrity of our databases or websites, to detect and prevent fraud or illegal activity, to take precautions against liability, to detect and remediate violations of our Terms of Use or other misuse of our Sites and Apps, to develop and improve our products and services, and for internal operational purposes.

The following chart describes what categories of personal information we may collect, how we collect that information from you, the business purposes for which we generally use such information, and which types of trusted third-party service providers we may share that information with:

Information Type	Source	Purpose	Third-Party Sharing
Direct Identifiers (Customer Name, Postal Address, Phone Number, E-mail Address)	Provided directly by customer	Providing customer service Processing and fulfilling your orders Processing payments on your orders Fulfilling customer rewards Advertising and marketing our products to you Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity	Product creation and order fulfillment vendors Customer service providers Marketing and advertising services Surveys, sweepstakes, and contests Payment and chargeback processors Mailing and shipping services
Household Information (Family Member names, date of birth and/or age, including of recipient)	Provided directly by customer	Processing and fulfilling your orders Fulfilling customer rewards	Product creation and order fulfillment vendors
User-generated content (including photos and video)	Provided directly by customer	Processing and fulfilling your orders Providing customer service Providing you customized product recommendations Helping you tag and organize your videos and photos Analytics to improve our products and services	Product creation and order fulfillment vendors Marketing and advertising service providers
Payment information (credit card information, checks)	Provided directly by customer	Processing payments on your orders Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity	Customer service providers Payment and chargeback processors Fraud prevention and site security
Purchase information (purchase date, purchase totals, product types)	Provided directly by customer	Providing customer service Processing and fulfilling your orders Processing payments on your orders Analytics to improve our products and services Advertising and marketing our products to you	Product creation and order fulfillment vendors Customer service providers Payment and chargeback processors
Digital Identifiers (IP Address, Cookies, Website Browsing and Interaction Activity, Other Device or Browser Identifiers)	Collected indirectly from customer’s browser or device	Enhancing your user experience Analytics to improve our products and services Advertising and marketing our products to you Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity	Marketing and advertising service providers Website performance and analytics vendors Fraud prevention and site security
Website login credentials	Provided directly by customer	Providing customer service Processing and fulfilling your orders Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity	None
Inferences about customer preferences and characteristics	Inferred from information provided by customer, collected indirectly from customer’s browser or device, and obtained from third-party marketing database partners	Enhancing your user experience Analytics to improve our products and services Advertising and marketing our products to you	Marketing and advertising service providers Website performance and analytics vendors

In addition to any personal information that you might provide when you do things like buy our products and services, we may also have access to other information about you if you interact with our brand via social media or in certain other situations.

Social Media

If you log into your account with our brand through a social media site, we will also have access to certain information from that site, such as your name, account information and profile photo, in accordance with the site’s account verification procedures. Also, if you interact with content on our social media profiles (for example, if you “like” or share a post from one of our brand’s Facebook, Twitter, or Instagram accounts), those social media sites may share information about you with us, including your public profile, e-mail address and friend list. If you choose to “like” or share content, information about you may be publicly displayed on the social network, depending on your privacy settings. You should review the privacy policy of that social media site and check your privacy settings through that site. If you post information on a social media or another third-party service that references our brands or our products and services (e.g., via a Twitter hashtag), we may publish your post on our social media accounts or websites.

Information You Provide About Others

The content you choose to upload to our service, including your videos and photos and the information you store in your address book, may include personal information of others. If you choose to share your videos and photographs or other information with someone else through a feature we offer, we will use the personal information you provide (for example, the home address or e-mail address of the recipient) to fulfill your request and for other purposes described in this Privacy Policy. Before you upload and/or share personal information of others through our service, please ensure that you have the consent of such persons to do so.

Other Information Contained in Your Photos and/or Videos

When you upload your videos and photos to our platforms or give us permission to access the videos and photos stored on your device, your video and photo content may also include related image information such as the time and the place your video and photo was taken, tags and similar information stored by your image capture device.

We and our service providers collect information about how you use our services – for example what web or mobile pages you have viewed – to analyze trends, generate analytics, provide a better user experience, improve our products and services, detect and prevent fraud or security incidents and gather broad demographic information for aggregate use. Our Sites and Apps use pixel tags, web beacons, and similar tracking technologies (collectively referred to as “Cookies”) that are created when you use our online services and are stored on your computer or mobile device.

Cookies help us offer convenient features like storing the contents of your shopping cart until you are ready to check out, remembering your login and account settings, recognizing your browser when you visit, customizing your current and future visits, and providing you with information about products that interest you. Cookies help us personalize your experience and save time during checkout. We also use the information we collect to compile statistics about our visitors and their use of our site to monitor site traffic, develop marketing programs, and improve our website design and content.

We use the information collected by our third-party service providers using Cookies to analyze and track data, improve our services, determine the popularity of certain content, and better understand our users’ online activity. Our service providers may also show you advertisements for our products and services on other websites, and may combine this information with other information those service providers have gathered about your visits to those other websites so that the advertisements you receive are more likely to be of interest to you.

Other Sources

We may also obtain data that is publicly available or from third party sources, such as address verification services or third-party marketing database partners, to improve the accuracy of and add to what we know about our customers and prospective customers. We may combine this information with your personal information for the purposes described in this policy.

Employment

In addition to information collected from our customers, we and our service providers also collect certain information from candidates who apply for a job with Send Heirloom to contact you about your application and evaluate your qualifications for the position, including your name, phone number, e-mail address, postal address, education information, and employment information.

How do we share your information with third parties?

We do not sell, license or share the personal information we collect with unaffiliated third parties for their marketing purposes. We may share personal information in the following situations.

Service Providers

We sometimes use third-party service providers to act on our behalf, for example to help us fulfill your product orders, process payments, enhance and personalize your shopping experience with us, or to deliver our advertisements. Our service providers may receive your name and contact information, payment information, photos and other content you upload to our Sites and Apps, information about purchases you’ve made, cookies and other device identifiers, IP address, and website browsing and interaction activity. These service providers are only allowed to use your information in connection with the specific service they provide on our behalf.

Law Enforcement, Mergers, and Other Situations

We may be required to share your personal information in other, limited circumstances. For example, we may be required to share certain information to respond to a subpoena or similar judicial process, to comply with state, federal or local laws, to protect the security or integrity of our databases or website, to take precautions against liability, in the event of a corporate reorganization or, to the extent required by law, to provide information to law enforcement agencies. Additionally, your information may be transferred to another organization if, for example, we transfer the ownership or operation of the Sites and Apps because we have merged with or have been acquired by another organization, or if we liquidate our assets. In those cases, the new company’s use of your information will still be subject to this Privacy Policy and the privacy preferences you have expressed to us.

Sweepstakes, Contests and Promotions

We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winner’s list.

Does our website collect information from children?

Our Sites and Apps are intended for use by general audiences and are not targeted directly at children. We will not knowingly collect personally identifiable information from children. If we become aware that a child under the age of 13 has provided personal information through our websites or apps, we will use commercially reasonable efforts to remove their personally identifiable information from our files. If a parent or guardian becomes aware that their child has provided such information through our websites or apps, the parent or guardian should contact us in writing at legal@sendheirloom.com so that we may respond appropriately.

What options do you have to limit our collection and use of your personal information?

You have choices about how your information is collected and used. You can notify us of your preferences when you create an account with us, and if you would like to review, correct or delete your account information on our Sites and Apps, you can do so by logging in to your account or by contacting us directly. There may be times when we are unable to fulfill your request – for example, if providing access to your personal information would reveal confidential commercial or proprietary information or personal information about someone else (and we cannot separate your data), if we are prohibited by law from disclosing the information, or if we have a legal obligation to retain certain data. We may require additional personal information from you for the purposes of verifying your identity and rights.

Opting out of Marketing Communications

If you no longer want to receive marketing communications from us, you can unsubscribe by following instructions contained in the messages you receive, or by contacting us through the Contact page of our site. We reserve the right to send you certain communications relating to the services we provide, such as service announcements and administrative messages (for example, communications related to a pending order, an unresolved customer service issue, or a policy update). We do not offer you the ability to opt-out of receiving those communications.

Cookie Options

If you don’t want our Sites and Apps to collect information using Cookies, you can change your web browser settings to reject Cookies from the site or to alert you before a Cookie is placed on your computer. Each browser is different, so you should check your browser’s “Help” menu to learn how to change your Cookie preferences. Please note that Cookie-based opt-outs only apply to the specific computer and browser on which the opt-out Cookie is applied. If you accept a Cookie, you can delete it at any time through your web browser. If you choose not to accept Cookies, though, you will not be able to enjoy all the features available to our registered users.

The Network Advertising Alliance (“NAI”) and the Digital Advertising Alliance (“DAA”) offer opt-out tools to help you manage your choices for participating companies that use Cookies for Interest-Based Advertising and cross-app advertising. For more information about these tools please visit: NAI Opt-Out Page and DAA Opt-Out Page. You can also opt out of Google Cookies by installing Google Analytics’ opt-out browser add-on and/or the Google Advertising Cookie out-out browser add-on.

“Do Not Track” is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you. Our sites do not currently respond to “Do Not Track” settings.

How do we keep your information secure?

Although no website, application, database or system is completely secure or “hacker proof,” we have safeguards in place to protect against unauthorized access and disclosures of the personal information we control, including technical, physical and administrative safeguards and security measures. Despite these measures, however, we cannot guarantee that our information security safeguards will never be compromised.

Our Sites and Apps may be linked on other websites or may contain links to other websites. Our Privacy Policy only applies to our Sites and Apps, and we are not responsible for the privacy practices, security standards, or content of other sites. You should check the privacy policies of those sites before providing your personal information to them. See our Terms of Use for additional information.

How do we make updates to this policy?

As we implement new technology and introduce new services or otherwise change our privacy practices, or in response to changes in applicable laws or regulations, we may modify this Privacy Policy and provide notice to you by posting updates on this page. Please check back periodically to view any updates. Changes to our Policy will become effective when posted. If we change this Privacy Policy in a material way, we will endeavor to promptly notify our customers. Your continued use of our websites, mobile applications and/or other services following such notice acknowledges your acceptance of such updated terms.

How can you contact us with questions about your privacy or this Privacy Policy?

For further information regarding this website privacy statement or related Send Heirloom policies and procedures, please contact: legal@sendheirloom.com.

Supplemental Notice to California Residents

If you are a California resident, California law may apply to how we collect and use your personal information, and what rights you have in some circumstances. The following terms supplement our Privacy Policy and explain the rights of California residents.

For information about what categories of personal information we may collect from our customers, the sources of that information, the purposes for collecting and using that information, and what types of third party service providers we may share that information with, please see our section titled What personal information do we collect? How do we use that information?

California residents have the following rights:

The right to request information about personal information that we have collected about that customer in the 12 months preceding the customer’s request (including the categories of information collected, the source of that information, the business purpose of that collection, the categories of third parties with whom that information is shared, and the specific pieces of personal information collected about that particular customer);
The right to receive requested information in a readily-usable format if provided electronically;
The right to request that we delete any personal information about the consumer that we have collected (although we may be entitled to retain some information for certain purposes);
The right to opt-out of “sales” of personal information to third parties, if applicable; and
The right to freely exercise your rights without being denied goods or services.

We cannot respond to your request to access or delete information unless we are able to both verify your identity or authority to make the request and confirm the personal information relates to you and/or your household. If you have an account on any of our Sites and Apps, we will verify your identity by having you log in to your account. If you do not have an account on our Sites and Apps, we will attempt to verify your request by asking you to provide identifying information that we will match to information in our files. We will only use information you provide in your request for the purpose of verifying your identity or authority to make the request. You can also designate an authorized agent to make a request on your behalf. Your agent will need to provide a Power of Attorney authorizing the agent to act on your behalf, or will need to complete the same verification procedures that would be required for a request submitted by you directly, and provide information that allows us to verify your authorization.

We may deny deletion requests in whole or in part as permitted or required by applicable law. We do not charge a different price or rate or provide a different level or quality of goods or services based on your exercising your CCPA rights. We do not sell personal information.

To exercise your rights under California law with respect to our brand, please contact us at legal@sendheirloom.com.

If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, you may request and obtain removal of content or information you have publicly posted on such site. To make such a request, please send an email with the subject line “California Minor Content Removal Request” to legal@sendheirloom.com. Please specify in your request which website or application your request relates to and the specific information or content that you would like removed. Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another visitor to our websites.

Your Videos and Photos

The videos, photos and other content that you upload to your Send Heirloom account (“Your Content”) may include personal information about you or others, and this section of the Privacy Policy addresses frequently asked questions about Your Content.

Do you share the videos and photos that I upload to Send Heirloom?

At Send Heirloom, we value the trust you place in us when you store Your Content on our platform, and we can assure you that we treat Your Content as private information that belongs to you. We share your photos only in the following circumstances:

If you ask us to. Enabling you to share your videos and photos electronically and physically is one of the key benefits we offer at Send Heirloom.

Order fulfillment. In order to provide our service, the Send Heirloom and agents who work to fulfill your order and service your account may see Your Content in the course of performing their jobs. Similarly, if you order a product that includes Your Content, we may share Your Content with third party partners who help us fulfill your order. These parties are only allowed to use your videos and photos to perform services for Send Heirloom, though – they can’t use them for any other purpose.

Does Send Heirloom use my videos or photos in advertisements?

No, Send Heirloom does not use your videos or photos in our advertisements. Videos and photos you upload to Send Heirloom may be incorporated into product recommendations that appear on your Send Heirloom homepage or in communications we send to you, but these videos and photos aren’t used in public advertising, and only you will receive customized product recommendations made using your videos and photos. You may opt out of receiving such communications from us at any time.

Does Send Heirloom collect information from my videos and photos? If so, how do you use it?

What we collect. When you upload your videos and photos to our platform or give us permission to access the videos and photos stored on your device, your video and photo content may also include related image information such as the time and the place your video and photo was taken and similar “metadata” captured by your image capture device. If you wish to restrict the capture of image metadata in your individual videos and photos, please adjust the settings on your image capture device.

How we use it.We only use this feature to help you organize and create personalized products from your own videos and photos. We never attempt to determine whether any similar faces appear in videos and photos uploaded by different Send Heirloom users or otherwise identify the people in your videos and photos. We do not sell or share this information with third parties.