Privacy Policy
Last Updated: September 10, 2023
GIFFFT is a platform that connects millions of people all over the world and transforms social media by giving users a dedicated space to express towards others and display the expressions of others toward them. Our goal is to provide a safe and trusted environment so that all users can have a positive and respectful experience on GIFFFT. Protecting our users as well as their privacy is a major priority for us. Our Community Guidelines outlines how we make our app a friendly and inclusive environment.
In this Privacy Policy, you’ll find all the information you need on how we process Personal Data. Please read it carefully, and remember that it applies every time you use GIFFFT.
We have made the policy clear and accessible, but if you have any questions about it or about how your data is being used, please contact our team at privacy@giffft.com.
We keep Personal Information as long as reasonably necessary or relevant for the practices described in this Privacy Policy, or as otherwise required by law. To learn more about our data practices, please check out our full Privacy Policy below.
This Privacy Policy describes our privacy practices and provides useful information about how we use the Personal Information of individuals using our services or interacting with us. This document applies when you visit any website or app operated by GIFFFT, Inc. (“GIFFFT”, “we”, “us”, “our”) or under the GIFFFT brand, and/or when you use any product or service provided by GIFFFT, Inc.
By “Personal Information” or “Personal Data”, we mean any piece of information that identifies you directly or indirectly, including the following general categories:
- Identifiers/biographical information, including name, postal and email address, phone number, online identifiers, Internet Protocol (“IP”) address, and other similar identifiers;
- Personal Information categories listed in the California Customer Records statute, such as your credit or debit card number;
- Commercial information, including items purchased, obtained, or considered and other purchasing or consuming histories or tendencies;
- Internet or other electronic network activity information;
- Professional or employment-related information;
- Inferences, meaning inferences drawn from the above-listed categories of Personal Information to create a consumer profile reflecting consumer preferences or characteristics;
- Sensitive Personal Information, means Personal Information that reveals social security, driver’s license, state identification card, or passport number, genetic information, account log-in, financial account, debit card, or credit card, password, or credentials allowing access to an account, racial or ethnic origin, union membership, religious or philosophical beliefs, contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication, and genetic data; as well as the processing of biometric information for the purpose of uniquely identifying a consumer, and Personal Information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation.
We do not use or disclose such information for the purpose of inferring characteristics about you or for any purpose other than the limited permissible purposes set forth in the regulations implementing California law. Such purposes include providing our Services and verifying, maintaining the quality of, and improving our Services. We do not “sell” or “share” Personal Data, as those terms are defined under applicable law.
We retain information for as long as necessary to provide the Platform and for the other purposes set out in this Privacy Policy. We also retain information when necessary to comply with contractual and legal obligations, when we have a legitimate business interest to do so (such as improving and developing the Platform, and enhancing its safety, security and stability), and for the exercise or defense of legal claims.
Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in the Terms of Service.
Core Values
We are driven by two core values when providing our products and services:
- We highly value our user’s privacy. It means that all of the features on GIFFFT have been designed to be privacy-oriented from day one so that we do not have to seek data that we do not need.
- Your safety is our main concern. Our teams are dedicated to making GIFFFT a platform that you can use in a safe and appropriate manner. As a technology platform, we have various means to combat conduct and content that may be harmful or offensive to our users.
In short, we carefully design our products and services to protect your privacy while providing you with a safe experience. We believe that this will give you confidence to make meaningful connections on GIFFFT.
What Information We Collect
We may collect information from and about you, including information that you provide, information from other sources, and automatically collected information.
Information You Provide
When you create an account, upload content, contact us directly, or otherwise use GIFFFT, you may provide some or all of the following information:
- Account and profile information, such as name, age, username, password, language, email, phone number, social media account information, and profile image.
- User-Content, as defined in the Terms of Service. Even if you are not a user, information about you may appear in User Content created or published by users on the Platform. When you create User Content, we may upload or import it to the Platform before you save or post the User Content (also known as pre-uploading), for example, in order to recommend audio options, generate captions, and provide other personalized recommendations. If you apply an effect to your User Content, we may collect a version of your User Content that does not include the effect.
- Messages, which include information you provide when you compose, send, or receive messages through the Platform’s messaging functionalities. They include messages you send through our chat functionality when communicating with merchants who sell goods to you, and your use of virtual assistants when purchasing items through the Platform. That information includes the content of the message and information about the message, such as when it was sent, received, or read, and message participants. Please be aware that messages you choose to send to other users of the Platform will be accessible by those users and that we are not responsible for the manner in which those users use or share the messages.
- Information, including text, images, and videos, found in your device’s clipboard, with your permission. For example, if you choose to initiate information sharing with a third-party platform, or choose to paste content from the clipboard onto the Platform, we access this information stored in your clipboard in order to fulfill your request.
- Your phone and social network contacts, with your permission. If you choose to find other users through your phone contacts, we will access and collect information such as names, phone numbers, and email addresses, and match that information against existing users of the Platform. If you choose to find other users through your social network contacts, we will collect your public profile information as well as names and profiles of your social network contacts.
- Your communication preferences.
- Information to verify an account such as proof of identity or age.
- Information in correspondence you send to us, including when you contact us for support.
- Information you share through surveys or your participation in challenges, research, promotions, events, or contests such as your gender, age, likeness, and preferences.
Information From Other Sources
We may receive the information described in this Privacy Policy from other sources, such as:
- If you choose to sign-up or log-in to the Platform using a third-party service such as Facebook, Twitter, Instagram, or Google, or link your GIFFFT account to a third-party service, we may collect information from the service–for example, your public profile information (such as nickname), email, and contact list.
- We may obtain information about you from certain affiliated entities within our corporate group, including about your activities on their platform.
- We may receive information about you from others, including where you are included or mentioned in User Content, direct messages, in a complaint, appeal, request or feedback submitted to us, or if your contact information is provided to us. We may collect information about you from other publicly available sources.
Automatically Collected Information
We automatically collect certain information from you when you use the Platform, including internet or other network activity information such as your IP address, unique device identifiers, browsing and search history (including content you have viewed on the Platform), and Cookies.
- Usage Information. We collect information regarding your use of the Platform and any other User Content that you generate through or upload to our Platform.
- Device Information. We collect certain information about the device you use to access the Platform, such as your IP address, user agent, mobile carrier, time zone settings, model of your device, the device system, network type, device IDs, your screen resolution and operating system, app and file names and types, keystroke patterns or rhythms, battery state, audio settings and connected audio devices. We automatically assign you a device ID and user ID. Where you log-in from multiple devices, we will be able to use information such as your device ID and user ID to identify your activity across devices. We may also associate you with information collected from devices other than those you use to log-in to the Platform.
- Image and Audio Information. We may collect information about the videos, images and audio that are a part of your User Content, such as identifying the objects and scenery that appear, the existence and location within an image of face and body features and attributes, the nature of the audio, and the text of the words spoken in your User Content. We may collect this information to enable special video effects, for content moderation, for demographic classification, for content and ad recommendations, and for other non-personally-identifying operations. We may collect biometric identifiers and biometric information as defined under U.S. laws, such as faceprints and voiceprints, from your User Content. Where required by law, we will seek any required permissions from you prior to any such collection.
- Metadata. When you upload or create User Content, you automatically upload certain metadata that is connected to the User Content. Metadata describes other data and provides information about your User Content that will not always be evident to the viewer. For example, in connection with your User Content the metadata can describe how, when, where, and by whom the piece of User Content was created, collected, or modified and how that content is formatted. It also includes information, such as your account name, that enables other users to trace back the User Content to your user account. Additionally, metadata includes data that you choose to provide with your User Content, e.g., any hashtags used to mark keywords to the video and captions.
- Cookies. We do not use cookies as we do not store user’s history for tracking purposes. Rather, we store platform content on the user’s device so that it increases and our platform’s performance.
We may link your contact or account information with your activity on and off our Platform across all your devices, using your email or other log-in or device information. We may in the future use this information to display advertisements on our Platform tailored to your interests, preferences, and characteristics.
We are not responsible for the privacy practices of our service providers and business partners, and the information practices of these service providers and business partners are not covered by this Privacy Policy.
To learn more about your choices regarding the automatic collection and use of your information as you browse our Services, please see the Your Choices and Opt Outs section below. We may aggregate or de-identify the information described above. Aggregated or de-identified data is not subject to this Privacy Policy.
How We Use Your Information
As explained below, we use your information to improve, support and administer the Platform, to allow you to use its functionalities, and to fulfill and enforce our Terms of Service. We may also use your information to, among other things, show you suggestions, promote the Platform, and customize your ad experience.
We generally use the “Information We Collect”:
- To fulfill requests for products, services, Platform functionality, support and information for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes and to solicit your feedback.
- To customize the content you see when you use the Platform. For example, we may provide you with services based on the country settings you have chosen or show you content that is similar to content that you have liked or interacted with.
- To send promotional materials from us or on behalf of our affiliates and trusted third parties.
- To improve and develop our Platform and conduct product development.
- To support the social functions of the Platform, including to permit you and others to connect with each other (for example, through our Find Friends function), to suggest accounts to you and others, and for you and others to share, download, and otherwise interact with User Content posted through the Platform.
- To understand how you use the Platform, including across your devices.
- To infer additional information about you, such as your age, gender, and interests.
- To help us detect abuse, fraud, and illegal activity on the Platform.
- To promote the safety and security of the Platform, including by scanning, analyzing, and reviewing User Content, messages and associated metadata for violations of our Terms of Service, Community Guidelines, or other conditions and policies.
- To verify your identity in order to use certain features, such as livestream or verified accounts or to ensure that you are old enough to use the Platform (as required by law), or in other instances where verification may be required.
- To communicate with you, including to notify you about changes in our services.
- To announce you as a winner of our contests or promotions if permitted by the promotion rule, and to send you any applicable prizes.
- To enforce our Terms of Service, Community Guidelines, and other conditions and policies.
- To train and improve our technology, such as our machine learning models and algorithms.
- To combine all the Information We Collect or receive about you for any of the foregoing purposes.
- For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
How We Share Your Information
We are committed to maintaining your trust, and while GIFFFT does not sell your Personal Information or share your Personal Information with third parties for purposes of cross-context behavioral advertising where restricted by applicable law, we want you to understand when and with whom we may share the Information We Collect for business purposes.
Service Providers and Business Partners
We share the categories of Personal Information listed above with service providers and business partners to help us perform business operations and for business purposes, including research, database maintenance, administering contests and special offers, technology services, deliveries, sending communications, analytics, measurement, data storage and hosting, disaster recovery, search engine optimization, and data processing. These service providers and business partners may include:
- Customer and technical support providers,
- Researchers who may receive the Information You Provide, but would not receive your payment information or message data.
- Analytics vendors who may receive the Information You Provide, but would not receive your payment information or message data.
Within Our Corporate Group
As a global company, the Platform is supported by certain entities within our corporate group, which are given limited remote access to Information We Collect as necessary to enable them to provide certain important functions.
In Connection with a Sale, Merger, or Other Business Transfer
We may share all of the Information We Collect in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sales, or in the unlikely event of bankruptcy.
For Legal Reasons
We may disclose any of the Information We Collect to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims, or government inquiries, and to protect and defend the rights, interests, safety, and security of the Platform, our affiliates, users, or the public. We may also share any of the Information We Collect to enforce any terms applicable to the Platform, to exercise or defend any legal claims, and comply with any applicable law.
With Your Consent
We may share your information for other purposes pursuant to your consent or at your direction.
If you choose to engage in public activities on the Platform, you should be aware that any information you share may be read, collected, or used by other users. You should use caution in disclosing Personal Information while using the Platform. We are not responsible for the information you choose to submit.
When you make a purchase from a third party on the Platform, including from a merchant selling products through our shopping features, we share the information related to the transaction with that third party and their service providers and transaction fulfillment providers. By making the purchase, you are directing us to share your information in this way. These entities may use the information shared in accordance with their privacy policies.
Your Privacy Choices and Rights
You have the ability to make certain choices about how we use your Personal Information, as follows:
Unsubscribing from our Marketing and Promotional Communications
From time to time, we may send you marketing and promotional communications, including special offers from us or our partners. If you no longer wish to receive promotional and marketing emails from us, you may opt out of such communications at any time by following the opt-out instructions included in any promotional or marketing email you receive from us.
Privacy Rights and Requests
Depending on your U.S. state of residence, you may have certain rights in relation to your Personal Information, including:
- Right to Know: You may have the right to know what Personal Information we have collected about you, including the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you. Please note that we may not be required to respond to your requests “to know” or access specific pieces of Personal Information more than twice in any 12-month period.
- Right to Data Portability: You may have the right to access your information in a portable format.
- Right to Delete: You may have the right to request that we delete Personal Information that we have collected from you, subject to certain exceptions.
- Right to Correct: You may have the right to correct inaccurate Personal Information that we may maintain about you, subject to appropriate verification.
Please note that, where permitted under applicable law, we may decline a request if we are unable to verify your identity (or an agent’s authority to make the request) and confirm the Personal Information we maintain relates to you.
If you are interested in exercising one or more of the rights outlined above, please click here. or you can contact us at privacy@giffft.com. You must put the statement “Your Privacy Rights” in the subject field of your email. We may take steps to verify your identity before responding to your request by asking you a series of questions about your previous interactions with us. Submitting a privacy rights request does not require you to create an account with us.
We will not discriminate against you if you decide to exercise your privacy rights.
Agent Requests
You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf or must demonstrate they have power of attorney pursuant to applicable probate law. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s Personal Information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention.
Right to Appeal
Depending on your U.S. state of residence, you may have the right to appeal a decision we have made in connection with your privacy rights request. To appeal a decision, please contact us at privacy@giffft.com.
Notice of Financial Incentive
We may offer financial incentives to promote our products and services. These may include:
- Discounts, coupons, and special offers when you sign up for our email list, participate in a GIFFFT-related promotion, or create an account.
- Points programs, where you earn points for certain purchases that can be redeemed for discounts or coupons.
We may ask you to provide Personal Information in connection with these promotions, including the following Personal Information: Name and email address. Because these promotions involve the collection of Personal Information, they may be interpreted as “financial incentive” programs under California law or “bona fide loyalty programs” under Colorado law. We use this information for the purposes described above under the section titled “What Information We Collect.” We may share your Personal Information with third parties as described in our “What Information We Collect” for data analytics providers.
The value of any financial incentive we offer is reasonably related to the value of any Personal Information you provide to us. We estimate the value of your Personal Information by considering, without limitation, the expenses we incur from collecting your Personal Information and/or providing the financial incentive to you, the revenue generated by your use of the financial incentive, and any improvements we can make to our products and services based on aggregating information obtained through the financial incentive program. Please note that we may provide additional terms that apply to a particular financial incentive. If applicable, those terms will be presented to you at sign up. We will provide you with sign-up information once we commence any financial incentive programs.
Additional Notice to EEA and UK Residents
For residents of the European Economic Area and United Kingdom, GIFFFT is the controller responsible for processing your Personal Data.
Legal Basis for Processing
Applicable law in certain jurisdictions requires us to set out the “legal basis” that we rely on to collect and use your Personal Information. Where applicable, the legal bases upon which we rely on in order to collect and use your Personal Information are as follows:
- Consent: We may collect, use, and disclose your Personal Information on the basis of the consent that you provide us at the point of information collection or disclosure. You have the right to revoke your consent at any time.
- Contractual Necessity: We may collect and use certain Personal Information where it is either necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. This may include Personal Information used to provide you with our products and related services and related transaction information.
- Compliance with a Legal Obligation: We are subject to various legal requirements in the jurisdictions in which we operate, and we may use, disclose, and retain your Personal Information if necessary for us to comply with a legal obligation arising under an applicable law to which we are subject.
- Legitimate Interests: We may collect and use your Personal Information to the extent necessary to carry out our legitimate interests (or those of a third party), provided that such interests do not outweigh your interests or fundamental rights and freedoms. For example, we may collect and use your Personal Information in reliance on a legitimate interest in managing our relationship with you; conducting and managing our business; providing you with customer support; conducting market research; developing and enhancing our Services as well as our products and services; detecting and preventing fraud and other harmful activities; and monitoring and maintaining the security of our data, systems, and networks.
Privacy Rights and Requests
Under applicable law, you may have certain rights in relation to your Personal Information, including:
- Right to Access: You have the right to request access to, or copies (and transmission) of, the Personal Information we hold about you and the purposes for which we are using it.
- Right to Rectify: You have the right to correct inaccurate Personal Information that we have collected from and maintain about you, subject to appropriate verification.
- Right to Erase: You have the right to erase Personal Information pertaining to you, under certain conditions. We will assess any deletion request after verifying your identity and work to respond within one calendar month, and let you know if we need additional time.
- Right to Object: You have the right to object to processing the Personal Information we process, under certain conditions.
- Right to Restrict: You have the right to restrict the processing of your Personal Information, under certain conditions.
- Right to Data Portability: You have the right to receive the data we have collected from you. Under certain conditions, you may request that we transfer your Personal Information to another organization, or directly to you.
- Right to Lodge a Complaint: You have the right to file a complaint with the supervisory authority in your jurisdiction.
At any time, you may request or assert any of the rights above by emailing us at privacy@giffft.com. If you believe there has been a violation of your privacy rights, please contact us or the supervisory authority.
You may also have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
Data Security and Retention
We use reasonable measures to help protect information from loss, theft, misuse, unauthorized access, disclosure, alteration, or destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
We retain information for as long as necessary to provide the Platform and for the other purposes set out in this Privacy Policy. We also retain information when necessary to comply with contractual and legal obligations, when we have a legitimate business interest to do so (such as improving and developing the Platform, and enhancing its safety, security and stability), and for the exercise or defense of legal claims.
The retention periods are different depending on different criteria, such as the type of information and the purposes for which we use the information. For example, when we process your information such as your profile information to provide you with the Platform, we keep this information for as long as you have an account. If you violate our Terms of Service, Community Guidelines, or other conditions or policies, we may remove your profile immediately, but may keep other information about you to process the violation.
GIFFFT may transmit your data to its servers or data centers outside of the United States for storage and/or processing. Other entities with whom GIFFFT may share your data as described herein may be located outside of the United States.
Children’s Privacy
We do not direct GIFFFT to, nor do we knowingly collect any Personal Information from, children under the age of thirteen.
We do not allow you to create an account and use GIFFFT if you are under 13 years old, and we may monitor compliance with this restriction by scanning a photo of your face to ensure that you are 13 years old or older. We may also if there is reasonable doubt, ask you to verify your identity.
If we learn that a child under the age of thirteen has provided us with Personal Information, we will use reasonable efforts to remove the individual’s Personal Information from our records.
Depending on applicable laws in the country where you reside, we may require parental consent before you can use GIFFFT.
Also, GIFFFT is intended for a general audience. We do not direct the services on the App to children under sixteen 16, nor do we knowingly solicit or collect any Personal Information from children under the age of sixteen 16. If you are a parent or legal guardian and think that your child has given us data, or you have you can contact us in writing or by email as provided below under the section titled “How to Contact Us.” Please mark your inquiries “Children’s Privacy Information Request.” If we learn that a minor has provided Personal Information through our App, we will use reasonable efforts to remove such information from our files.
Other Rights and Disclaimers
Privacy Policy Updates
We may update this Privacy Policy from time to time. When we update the Privacy Policy, we will notify you by updating the “Last Updated” date at the top of the new Privacy Policy, posting the new Privacy Policy, or providing any other notice required by applicable law. We recommend that you review the Privacy Policy each time you visit the Platform to stay informed of our privacy practices.
External Links
Our Services may have links to third-party services, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites.
International Transfers
GIFFFT is a global business and it, or its service providers, may process, transfer, and store information about our users on servers located in a number of countries inside of the EEA or UK, or outside of the EEA or UK, including in the United States. When you use our App, your data may be transferred to locations within the EEA or UK, or outside of the EEA or UK. In some of these locations, data protection laws may be less stringent than in the EEA or UK. To ensure that your Personal Information is adequately protected, we only transfer your Personal Information subject to suitable safeguards being in place.
In particular, where we transfer your information outside the EEA or UK, and where required by law, we implement an approved data transfer mechanism in place, such as the standard EU Model Clauses. To find out more about how we safeguard your information (including obtaining a copy of such safeguards) in relation to transfers outside the EEA, please contact us via the details in the “How to Contact Us” section below.
Contact Us
Questions, comments and requests regarding this Privacy Policy should be addressed to:
- Contact us: privacy@giffft.com
- Mailing Address: GIFFFT Inc., Attn: Privacy Policy Inquiry, 752 S MARIPOSA AVE #405, LOS ANGELES, CA 90005, USA