Shift My GiftSM Privacy Policy

Last updated: June 7, 2011

Thank you for using ShiftMyGift.com. We are committed to protecting your privacy and, for that reason, we have adopted this Privacy Policy to memorialize our data collection and disclosure practices for our website and its related tools and services, including any mobile application or website provided by us (collectively, the "Services"). The Services are owned and operated by Shift My Gift LLC, a Pennsylvania limited liability company ("Shift My Gift," "we," "us" or "our"). This Privacy Policy applies to information collected through the Services, as well as other information provided to us online or offline by customers or users of our website or mobile application; however, it does not apply to information collected from our employees, contractors or vendors. Specifically, this Privacy Policy applies to persons setting up a registry for a birthday or other event through the Services (we refer to these persons as "shifters" because they use the Services to "shift" gifts that would otherwise be given to them for their event), as well as to persons who access the registry to give "gifts," i.e., contributions to charities or other nonprofit organizations (we call these persons "gifters"), and anyone else using or browsing our website or mobile application.

1. Consent
By using the Services or our website, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, you may not use the Services or our website or mobile application. Information gathered through the Services may be transferred, used, and stored in the United States and in foreign jurisdictions in which we, our agents, customers and other users of the Services are located. If you access the Services, you consent to the transfer, use and storage of your Personal Information (as defined below) in those jurisdictions. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You further agree that all transactions relating to the Services or our website shall be deemed to have occurred in the United States.

2. Collection of Personal Information
We collect Personal Information in connection with our Services. When we use the term "Personal Information" we are talking about information that can be used to identify an individual and may include, but is not limited to, your name, user ID, password, address, email address, phone number and any profile information you choose to submit through our website or application (including any individually identifiable information that may be shown in an image or photograph you post in connection with your registry or event), as well as (if applicable) your company name and contact information. "Personal Information" also includes any credit or debit card or other financial account information a gifter may provide to us or our third-party payment application provider for billing purposes, as well as information about the gifter's gift, such as the identity of the nonprofit recipient and the amount of the gift. You may always choose not to provide Personal Information, but this may prevent you from receiving certain Services.

If you choose to use our website's social networking function to post information to Facebook, Twitter or another social networking site, we may collect your user ID and password information as necessary to make it easier for you to post to that site.

Shift My Gift may also collect non-Personal Information (aggregate, non-individually identifiable or demographic information). An example of non-Personal Information would be system-related information such as IP addresses, use information, browser and browser speed, bandwidth of your Internet connectivity, general location of your server and the pages of our website that were viewed during a visit. We use this information for internal purposes to help us diagnose problems, monitor traffic patterns and otherwise continually improve our Services.

Please note that the Services may provide links to third party sites, such as Network for Good, a third-party organization whose application interface we use on our website to enable users to choose nonprofit organizations to receive gifts and to enable giftors to charge these gifts to their credit or debit card or other financial account. We are not responsible for the privacy policies, practices or the content of websites owned by others that you may link to or that may be linked from the Services. Accordingly, we encourage you to review the privacy policies and terms of service of those websites so that you understand how those websites collect, use and share any Personal Information.

3. Use of Personal Information
Shift My Gift uses the Personal Information to assist us in setting up accounts; improving online operations; processing transactions; providing customer service; providing you with newsletters, RSS feeds, and/or other communications or services which you have signed up for or otherwise agreed to receive (for example, facilitating messaging between gifters and shifters); displaying content that is customized to your interests or preferences; sending account- or transaction-related communications such as welcome letters and transaction confirmations; performing research and analysis aimed at improving our products, services and technologies; and managing our systems. We will only use your Personal Information in the way we specified when it was collected (including as described in this Privacy Policy).

4. Disclosure of Personal Information
We may disclose Personal Information and non-Personal Information to other users of the Services (for instance, to a shifter if you are a gifter who makes a gift for a registry created by that shifter through our website) and to companies, agents, contractors, service providers or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our website, marketing of our products and services, conducting audits and performing web analytics). In addition, to build our relationships with the nonprofit community, we may disclose to nonprofit organizations Personal Information (including contact and gift-related information) about the shifters who specified these nonprofits in their registries and/or gifters who made gifts to these nonprofit. These nonprofit organizations may use your Personal Information to contact you or send you informational or promotional messages, since you have expressed your support for them. Any information disclosed to nonprofit organizations will be subject to their privacy and security policies, not ours, and if you wish to stop receiving messages from them or to inquire about their use of your Personal Information, you must contact them directly.

Furthermore, the Site uses an application interface provided by Network for Good, a third-party organization, to enable users to choose nonprofit organizations to receive gifts and to enable gifters to charge these gifts to their credit or debit card or other financial account. Gifters should be aware that when you make a gift through the Site, Network for Good will collect your Personal Information, including your payment card or other account information, and any such information will be subject to Network for Good's privacy and security policies (http://www1.networkforgood.org/privacy), not this Privacy Policy. (However, any account information and other Personal Information collected by Shift My Gift for purposes of charging you our standard gifting fee, as described in our Terms of Use, will be subject to this Privacy Policy.)

We may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues. We may also disclose non-Personal Information to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications. We do NOT sell, rent, share or trade your Personal Information to third parties for their own marketing purposes unless you have granted us permission to do so.

Please note also that if you choose to use our social networking function to post information to Facebook, Twitter or another social networking site, anyone who has access to your information through that other site will be able to see your information.

Finally, Shift My Gift reserves the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company, or in the unlikely event of a bankruptcy, liquidation or receivership of our business.

5. Accessing and Updating Personal Information
When you use our Services, we make good faith efforts to provide you with access to your Personal Information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backups), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please e-mail us at privacy@shiftmygift.com with any questions, if you need assistance accessing or changing your Personal Information, or if you would like to have your Personal Information deleted. Please be aware that if you delete your Personal Information, you may not be able to continue to use our website or the Services. Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.

6. Cookies and Automatic Information Gathering Technologies
Non-Personal Information (including aggregate, technical or demographic information) can also be collected through the standard operation of our internet servers and logs as well as other automatic data collection tools such as "cookies," "beacons" and other similar technologies. A "cookie" is a small text file that is recorded either temporarily or persistently on your hard drive and that a website can use in order to recognize visitors who revisit a website so as to facilitate their ongoing access to and use of the website. "Beacons" are graphics designed to collect web log information such as pages viewed or messages opened. Information we may collect through cookies and beacons includes your browser type, language preference, operating system, referring website (if applicable), the date and time of each user visit or request, the pages visited on our website, and any registries, message boards or other discussion forums visited. We may also collect statistical information about the behavior of visitors to our website on an aggregated, anonymous basis. Any information collected on our website through the use of cookies, beacons or similar technologies will not be shared with third parties for behavioral advertising or targeting purposes.

Cookies can be prevented by activating the facility that is available in most web browsers that enables the user to deny or accept cookies. Recognize, however, that cookies may be necessary in order to provide certain features such as the customized delivery of certain information. We do not use cookies, beacons or similar technologies to collect Personal Information.

7. International Users
By visiting our website and by providing us with your Personal Information or data, you acknowledge and agree that due to the international dimension of Shift My Gift we may use the Personal Information or data collected in the course of our relationship for the purposes identified in this Privacy Policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such Personal Information and data may be stored on servers located in the United States. By providing us with your Personal Information or data, you consent to the transfer of such data.

8. Children
We do not knowingly collect Personal Information from users under 13 years of age. We do not authorize users under 13 years of age to use the Services or our website. If we learn that we have collected Personal Information from a child under the age of 13, we will delete that data from our systems.

9. Information Security
We utilize reasonable information security measures to safeguard your Personal Information. For example, we utilize Secure Socket Layer (SSL) encryption technology when data is transmitted over the Internet, and have installed firewalls to help prevent external access into our network. Unfortunately, however, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.

We restrict access to Personal Information to Shift My Gift employees, contractors, service providers and agents who need to know that information in order to operate, develop or improve our Services or website. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

10. Your California Privacy Rights
A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California Customer") is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information to third parties for direct marketing purposes and providing a cost free means to exercise that right.

Please note that, as described in Section 4 ("Disclosure of Your Personal Information") above, we may share your Personal Information with nonprofit organizations you specify for your registry (if you are a shifter) or to which you make a gift (if you are a gifter). These nonprofit organizations may use this information to send you marketing messages, since you have expressed your support for them. Except for these nonprofits, we will not share Personal Information with third parties for their own direct marketing purposes unless you affirmatively agree to such disclosure -- typically by opting in to receive information from a third party through our website.

Please note that whenever you choose to share your Personal Information with a third party (such as when you make a gift through the Network for Good interface on our website), or to allow your Personal Information to be shared with a third party (such as a nonprofit organization) to communicate with you, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

California Customers may request further information about our compliance with California's privacy law by e-mailing privacy@shiftmygift.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

11. Message Boards and Other Online Forums
Please note that when you choose to post messages and/or profile content on messages boards and other online forums on our website, such content is viewable by third parties (for example, the shifter whose event message board you post on and other giftors of that shifter) and, in the case of public online forums, is publicly viewable. Accordingly, you should exercise discretion with regard to what Personal Information you post on our website and should not post highly confidential or sensitive information. Shift My Gift is not responsible for how third parties who view your Personal Information may use this information (such as to send you unsolicited messages).

12. Changes to this Policy
Shift My Gift may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the "Last Updated" date at the top of this document to see when the Privacy Policy was last changed. We may also post a notice of changes to this Privacy Policy on our website. We encourage you to check this Privacy Policy from time to time. Your continued use of our website and/or Services following the posting of an updated Privacy Policy constitutes your consent to the contents of such policy. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING OUR WEBSITE AND SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

13. Questions
To ask questions about our Privacy Policy or to lodge a complaint, contact us at:

Shift My Gift LLC
Attn: Privacy Matters
94 McCormick Way
Lincoln University, PA 19352
Email: privacy@shiftmygift.com