Effective Date: January 1, 2018
This Policy — together with the User Agreement, which are incorporated herein by reference — describes how we collect, use, and disclose information on or through the Services. Please note that the Policy does not apply to activities that are “offline” or unrelated to the Services unless otherwise expressly set forth below. By accessing or interacting with the Services, you agree to the terms and conditions of the Policy.
TYPES OF INFORMATION WE COLLECT
WishList and its service providers collect two main types of information through the Services: Personal Information and Other Information.
“Personal Information” refers to information that can be used to contact you or identify you as a particular individual. The specific kinds of Personal Information we collect through the Services typically depend on the exact nature of our relationship with you, but might include:
· Full name;
· Address (e.g., postal, billing, shipping, etc.);
· Telephone number including cell number;
· Fax number;
· E-mail address;
· User ID, login name, screen name, nickname, or handle and password;
· Social media accounts and/or IDs;
· Likeness and physical characteristics (e.g., profile picture, etc.); and
· IP Address;
· School, workplace and job position;
“Other Information” refers to any information that does not reveal your specific identity or directly relate to you as an individual. We collect a number of different types of Other Information through the Services, such as:
· Browser and device information (e.g., browser/device type, UDID, geographic location, etc.);
· Information collected through cookies, pixel tags, and other tracking technologies;
· Demographic and other similar information you provide (e.g., gender, ethnicity, relationship status, etc.); and
· Aggregated or otherwise de-identified information.
HOW WE COLLECT YOUR INFORMATION
We and our service providers may collect Personal Information through the Services in a variety of ways, including:
· Voluntary Submissions. We collect Personal Information from you when you elect to voluntarily provide it to us. For example, certain features of the Services are only accessible by individuals who have registered and created an account with WishList (collectively, “Members”). In order to become a Member, you must first complete our online registration form, which requests basic contact information (e.g., name, date of birth, e-mail address, etc.) from you. You can also enter certain other details about yourself on your profile page (e.g., job and schools). The information you provide during the registration process allows WishList to create a unique profile for you on the Services (your “Member Profile”), which may be supplemented with other information as described herein.
· Other examples of ways that you may voluntarily provide Personal Information through the Services include: directly requesting information or assistance, inquiring about the Services, sending us an e-mail, connecting via a Social Network API, submitting a payment, completing other online forms (e.g., to add or update information in your Member Profile, etc.), or otherwise interacting with WishList’s online presence. To this end, the Services may provide you with the opportunity to share your reviews, thoughts, or comments regarding your relationship with WishList. Such testimonial information may include your personal experiences with our products or services. You can also request that we remove your testimonial any time by visiting our CONTACT US section.
· If you use the Facebook Connect function to import information or to create your Member Profile, we will collect the following: your full name, email address, avatar likeness. You can edit and/or update this information on the WishList site whenever you choose by going to the Edit section of your profile and adjusting the information as you wish.
You should be aware that any Personal Information you submit through public areas of the Services (e.g., blogs, forums, etc.) can be viewed, collected, and possibly used by others, both on the Services (e.g., to send you unsolicited messages) and potentially on third-party services to the extent permissible under this Policy. We encourage Members and non-Members to refrain from disclosing Personal Information within such public areas of the Services that they do not wish to share.
· Third-Party Sources. We may acquire Personal Information about you from other sources, such as: people who provide reviews about you or social media platforms. We may append third parties’ information to the Member’s profile (e.g. avatar likeness from Facebook).
WishList will not create a Member Profile for you unless you request that we do so. You can control who sees your profile. You can make your Member Profile accessible to the public, to WishList users or keep it private and accessible only by you. You can delete your profile at any time. A public Member Profile can may be searchable on the Internet (e.g., through a third-party search engine like Google or Yahoo!), and search results may also include links to your public Member Profile on the Services. Additional information regarding the choices and controls that may be available to you with respect to your Member Profile can be found in the Your Choices and Controls section of the Policy.
Examples of the ways in which we may collect Other Information from you include the following:
Cookies. Cookies are small pieces of data that are based on
your Internet activity and stored on the hard drive of your computer by your
able to collect traffic, usage, and other similar information about your
interactions with the Services (e.g., time spent on the Services, the specific
portions of the Services that you use or visit, language preferences, etc.), as
well as recognize your computer or device to facilitate your use of the
Services (e.g., to display information more efficiently). We may use this type
of information for a variety of purposes, including: analyzing usage patterns,
monitoring and improving the Services, personalizing your interactions with the
Services, tracking Internet activity, and supporting our marketing efforts. When
you visit the Services or other websites where we advertise, we or a third
party may use Other Information collected through the Services to show you
interest-based advertisements and offers that we think will be more relevant to
your preferences and behaviors. Cookies enable us to personalize these
advertisements and track their frequency and placement.
Although most Internet browsers are initially set up to accept cookies, you can generally find a “help” section on the browser toolbar that will inform you how to configure your browser settings to warn you each time a cookie is being sent, or to reject cookies entirely. If you disable cookies, however, you will not have access to many features that make your interactions with the Services more efficient and some of the Services’ features may not function properly.
Web Beacons and Other Tracking Technologies. A web beacon
(sometimes referred to as a “pixel tag” or a “clear GIF”) is a programming code
that can be used to display an image on a website, e-mail, or other
communication. Web beacons are typically one-pixel, transparent images and are
used to transfer an individual’s unique user identification (often in the form
of a cookie) to a database in order to associate that individual with
previously acquired information about him/her in a database. They allow third
parties to obtain information such as the IP address of the computer that
accesses the website on which the beacon appears, the URL of such a website,
the time that such a website was viewed, the type of browser used to view such
a website, and the information contained in any cookies set by the third party.
We may use web beacons and other similar tracking technologies to help us better manage content on the Services by informing us what content is effective. For example, web beacons allow us to measure the success of our marketing campaigns by providing insight into the actions taken by users of the Services (e.g., compiling statistics about the rate at which certain marketing e-mails are opened by their intended recipients). These technologies may also be used to help us remember who you are and track your account preferences.
· Log Files. As is true of most online services, we automatically collect and store certain Other Information in our server log files each time a user accesses the Services. This information may include, for example: computer or device IP address, Internet browser type, Internet Service Provider (“ISP”), referring/exit pages, operating system, date/time stamp, and click stream data. We use this information for purposes such as: analyzing trends, administering the Services, tracking user activities on the Services, and gathering demographic information about our user base as a whole.
· Information You Provide. We collect Other Information that you choose to voluntarily provide to us through the Services. For example, you may have the opportunity to submit your location or indicate your preferred means of communication with WishList. Unless combined with Personal Information, the Other Information you may provide to us generally does not identify you or any other user of the Services as a particular individual.
· Aggregated Information. Occasionally, WishList will combine Personal Information and other data to create de-identified information about groups or particular types of individuals that access the Services. Such aggregated Personal Information does not personally identify you or any other user of the Services as an individual and is considered Other Information for the purposes of this Policy. As an example, we may aggregate Personal Information from many different users to calculate the percentage of our total user base who have a particular area code.
Interest-Based Advertising and Third Parties
WishList has relationships with certain third-party service providers who perform tracking and other similar functions for the Services. We may share information with these companies in accordance with the terms and conditions set forth in this Policy. In addition, they may automatically collect information about your interaction with the Services (e.g., IP address, Internet browser type, online activity, etc.) through the use of tracking technologies such as cookies and web beacons. Among other things, this information is typically used to better understand how the Services are being used.
The use of tracking technologies by third parties on the Services is governed by their respective privacy policies, and is not controlled by this Policy.
Third-Party Websites and Services
The Services and certain communications you receive from WishList may contain links to websites and/or other online content that are owned and operated by third parties. The information practices of any such third-party websites or online services are not covered by this Policy. WishList cannot control the treatment of your information by these third parties, and their privacy practices likely differ from those described in the Policy. We strongly encourage you to review the privacy practices of any such third parties prior to disclosing any Personal Information to them. If you have any questions regarding their collection, use, or disclosure of your information, you must contact the relevant third party directly.
USE OF YOUR INFORMATION BY WishList
WishList uses the information we collect about you through the Services (including Personal Information) in order to, among other things:
· Confirm and complete the transactions you request;
· Operate, monitor, manage, improve, and expand the Services and/or our business activities;
· Provide you with customer service support and other requested information or services;
· Respond to your inquiries and resolve your problems or disputes;
· Develop, enhance, and market our products and services or the products and services of third parties;
· Communicate with you about your interactions with the Services and your WishList account;
· Personalize your content and experiences on the Services;
· Protect the rights or property of WishList or third parties (including through the enforcement of this Policy, the User Agreement, and other applicable agreements and policies); and
· Comply with legal or other regulatory requirements.
Under certain circumstances we may combine Other Information (e.g., a Member’s geographical location) with Personal Information (e.g., the Member’s name). If we do so, WishList will treat the combined information as Personal Information for as long as it is remains combined and identifies you as a particular individual.
SHARING YOUR INFORMATION WITH OTHER COMPANIES
We may share the Personal Information that is collected on or through the Services with third parties under certain circumstances, including the following:
· Compelled Disclosures. On rare occasions, we may share your Personal Information when we reasonably believe that we are compelled to do so by government authorities or as otherwise required or permitted by applicable laws and regulations (e.g., pursuant to law enforcement inquiries, subpoenas, court orders, etc.). WishList may also share your Personal Information with third parties if we believe in good faith that disclosure is appropriate to protect our rights, property, or safety (including the enforcement of this Policy, the User Agreement and any other applicable agreements and policies), or to protect the rights, property, or safety of third parties.
· Agents & Service Providers. WishList may disclose Personal Information to our trusted agents and service providers so that they can perform requested services on our behalf. For example, we may engage third parties to assist with: website hosting, data analysis, marketing efforts, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, e-mail delivery, credit card processing, auditing, and other similar services. These entities are generally prohibited from using such information for purposes unrelated to providing WishList with the requested services (e.g., using your Personal Information for their own direct marketing purposes).
· Change of Control Transactions. In the event that we file for bankruptcy, or WishList is (or substantially all of its assets are) acquired by a third party pursuant to an acquisition, merger, sale, reorganization, liquidation, or similar business transfer, the Personal Information stored in our databases may be one of the transferred assets.
· Public Submissions. Information and materials you submit to public areas of the Services (e.g., message boards, profile pages, blogs, forums, etc.) will become public information that may be available to users of the Services and to the general public. For example, if you create, claim, or register a Public Profile through the Services, the information associated with your Public Profile (including Personal Information) may be disclosed to Members and non-Members through the Services, as well as through third-party search engines and similar online services. We urge you to be careful when deciding to make Personal Information publicly accessible on the Internet, including through the public portions of the Services. Your submissions are subject to our User Agreement
· Non-Personal Information. WishList may collect, use, and share Other Information in any manner not otherwise prohibited by this Policy, without additional notice or compensation to you.
YOUR CHOICES AND CONTROLS
WishList strives to provide you with the ability to exercise certain choices and controls in connection with our treatment of your information. The particular choices and controls that may be available to you typically depend on the nature of your relationship with WishList.
Members who are interested in accessing, correcting, updating or deleting the Personal Information in their Member Profiles (including any information populated via social sharing functionality) can generally do so at any time through the Services. You can control who sees your profile. You can make your Member Profile accessible to the public, to WishList users or keep it private and accessible only by you. You can delete your profile at any time.
WishList provides Members with the ability to change their communication preferences at any time. Among other things, you may use this option to opt-out of receiving promotional e-mails from us.
In addition to such promotional e-mails, WishList offers all Members access to e-mail newsletters and e-mail updates (e.g., announcing special offers, new features on the Services, account activity, etc.) upon registration for the Services. These communications may contain material that is promotional in nature. Members can opt-out of receiving e-mail newsletters or updates that may contain promotional material by following the “unsubscribe” procedures at the bottom of the relevant communication. Alternatively, you may change your notification settings by or visiting the “Email Preferences Settings” page.
Please note that WishList reserves the right to contact you with transactional e-mails containing important information relating to your WishList account or the Services (e.g., renewal notifications, general system or administrative messages, address confirmations, payment receipts, etc.) without offering you the opportunity to opt-out. Thus, even if you elect to unsubscribe from any promotional e-mails and promotionally-oriented newsletters or e-mail updates, you may continue to receive customary business communications from WishList.
If you are a non-Member and are receiving WishList marketing e-mails from which you would like to opt-out, please simply follow the “unsubscribe” procedures at the bottom of the relevant communication.
If you elect to use our referral service to inform a friend about the Services, we will ask you for your friend’s name and e-mail address. WishList will automatically send your friend an e-mail inviting him or her to visit the Services, as well as two additional reminder e-mails if he or she does not respond to our initial e-mail. WishList stores this information on our systems and may use it for purposes such as: sending the referral e-mails you request, tracking the success of our referral program, and locating contacts across the Internet.
DATA SECURITY, INTEGRITY, AND RETENTION
Information collected through the Services is submitted to WishList and/or our service providers, and is hosted and stored by us (or by service providers on our behalf) in databases on servers situated in the U.S. and/or internationally. By providing us with information through the Services, you consent to the processing of such information in any and all such locations, including the U.S., which may have different data protection laws than those of your country of residence.
Your privacy is very important to WishList and we are committed to protecting your Personal Information from unauthorized access, use, or disclosure. To this end, we have implemented reasonable physical, technical, and administrative security measures for the Services that comply with applicable industry standards. This includes our practice of encrypting sensitive information submitted through the Services with secure socket layer (“SSL”) technology.
It is your responsibility to maintain the confidentiality of your username and password on the Services. You are responsible for all uses of your password, whether or not such use has been authorized by you. If you become aware of any unauthorized use of your WishList account, visit our CONTACT US section.
Despite our efforts to protect your Personal Information, the transmission of data over the Internet inherently requires the use of systems under the control of third parties. As a result, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, or you would simply like additional information regarding how we store and protect data, please visit our CONTACT US section.
WishList understands the importance of protecting children’s privacy in the interactive world. We do not use the Services to knowingly solicit data from or market to children under the age of thirteen (18). If you are a child under 18 years of age, please do not send any information about yourself to us through the Services. The Services are not intended for use by children.
In the event that WishList becomes aware that we have collected Personal Information from any child, we will dispose of that information in accordance with the Children’s Online Privacy Protection Act (COPPA) and other applicable laws and regulations. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should promptly us trough our CONTACT US section.
We may, in our sole discretion, make changes to this Policy from time to time in order to accommodate new technologies, industry practices, regulatory requirements, or for other purposes. The most recent version of the Policy will always be posted to the Services. If we do make any changes, we will also update the “Effective Date” legend at the top of this Policy and we may provide you with other forms of notice as well. We encourage you to review the Policy periodically to ensure that you understand how we collect, use, and share information through the Services.
Other Terms and Conditions
Please review the User Agreement, which sets out other important terms of your use of the Application.
If you have any questions or concerns about this Policy or our privacy practices on the Services, please write to us at:
46-E Peninsula Center, Suite 363
Rolling Hills Estates, CA 90274
You can also contact us via e-mail at privacy@WishList.com. Please note that e-mail communications are not always secure; accordingly, we request that you do not include credit card details or other sensitive information in your e-mails to us.
Last updated: January 01, 2018
Effective Date: January 01, 2018