Privacy Policy

1. Introduction

This privacy policy (“Privacy Policy”) is intended to provide you with the specific details about how Spirited Gifts, LLC (“SpiritedGifts,” “we,” and “us”) collects and processes your personal and personally identifiable information through your use of the SpiritedGifts.com website and associated services (“Services”). SpiritedGifts is the data processor and data controller of all information collected through the Services.

You understand and agree that SpiritedGifts may store and process your personal information on computers located outside of the European Union, including, but not limited to, in the United States. By using the Services, you agree to the collection and processing of your Personal Information outside of the European Union.

Before using the Services or providing information to us, please carefully review this Privacy Policy. By using or accessing the Services, you agree that we may collect and use your information in accordance with this Privacy Policy, as revised from time to time. If you have any questions or suggestions regarding our Privacy Policy, or if your personal information is not accurate or complete, please contact our Data Protection Officer at:

Spirited Gifts

6988 SW 47 ST
Miami, FL 33155

privacy@SpiritedGifts.com

By providing SpiritedGifts with your personal or personally identifiable data and using the Services, you warrant that you are over the age of eighteen (18) or otherwise above the age of majority within your jurisdiction. If you are younger than eighteen (18) or the age of majority within your jurisdiction, please do not use the SpiritedGifts Services and please do not provide personal information to us.

2. Personal Information Collected

When you use the Services, we may collect personal or personally identifiable information from you (“PII”). PII may include any information capable of identifying an individual, but it does not include anonymized data.

We may collect and process the following categories of PII about you:

Communication Data. Communication data includes any communication that you may send to us through the website, email, or social media. We process this data to communicate with you, to record logs of our communication, and to store information to respond to legal claims. SpiritedGifts’s lawful ground for processing this communication data is to respond to communications sent by you to us, to keep records of our communication, and to pursue or defend against legal claims.
User Data. User data includes data about how you use the Services and any data that you post to or authorize through the Services. We collect and process this data to operate the Services and to ensure that timely and relevant content is provided to you, to secure the Services, and to maintain backups of the Services. SpiritedGifts’s lawful ground for processing this user data is its legitimate business interests in administering and offering the Services.
Technical Data. Technical data includes data about your use of the Services, such as your IP address, your login data, your phone number, your mobile phone model, your operating system, your geolocation, and your time zone. SpiritedGifts may collect this data from your use of the Services and from advertising IDs. SpiritedGifts processes this data to analyze your use of the Services, to administer and secure the Services, to provide location-relevant content, to deliver relevant content and advertisements, and to understand the effectiveness of SpiritedGifts’s advertisements. SpiritedGifts’s lawful ground for collecting and processing this technical data is its legitimate interests in administering and offering the Services and to grow its business and marketing strategy.
Marketing Data. Marketing data includes data about your preferences in receiving and interacting with advertisements or content on the Services. SpiritedGifts collects this data from your use of the Services and from Google Advertising IDs and Apple Advertising IDs. SpiritedGifts’s lawful ground for collecting and processing this marketing data is its legitimate interests in administering and offering the Services and to grow its business and marketing strategy.
Personally Sensitive Data. Personally sensitive data includes data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, union membership, or information about your health. SpiritedGifts does not collect or use personally sensitive data in the Services.

SpiritedGifts will only use your PII for the purpose for which it was collected. In the event that SpiritedGifts needs to use your PII for an unrelated new purpose, SpiritedGifts will provide you with notice of this new use and will explain the lawful ground for such processing. SpiritedGifts may process your PII without your knowledge or consent where required or permitted by law.

SpiritedGifts does not use your PII to automatically make any decisions or to create an automated profile about you.

3. Collection of Data From Third Parties

SpiritedGifts may collect data about you through cookies and other technologies. This helps SpiritedGifts understand how you use the Services and to understand any patterns that may be associated with your use of the Services. This aids SpiritedGifts in developing or improving its Services in response to your needs or wants.

SpiritedGifts may use session or persistent cookies. Session cookies are only stored on your computer or mobile device during your use of the Services and are automatically deleted when you close your web browser. Persistent cookies are stored as a file on your computer or mobile device that remain on your computer or mobile device even after you close your web browser. Persistent cookies can be read by the website that created the cookie when you revisit it again. SpiritedGifts may use persistent cookies when it utilizes Google Analytics or other analytics providers, which is intended to track the origin and behavior of traffic to the Services.

SpiritedGifts may also receive data from third parties including analytics providers or advertising networks such as Google, Facebook, or Apple. These third parties may be based outside of the European Union.

4. Marketing Communications

As stated above, SpiritedGifts lawful ground for sending you marketing communications is either consent or its legitimate business interests, such as to grow its business. SpiritedGifts may send you marketing communications if you have asked for information concerning its goods or services or if you have agreed to, and have not opted out from, receiving marketing communications. You may ask SpiritedGifts to stop sending you marketing messages at any time by logging into the Services to adjust your marketing preferences or by following the opt-out link in any marketing message sent to you. If you opt out of receiving marketing communications, your opt-out does not extend to PII provided for other purposes.

5. Disclosure of Personal Information

SpiritedGifts may share your PII with the following parties:

Other companies within the SpiritedGifts group of companies that provide services to SpiritedGifts;
Service providers that provide SpiritedGifts with information technology or other administrative services;
SpiritedGifts’s accountants, auditors, insurers, or attorneys; and
Government bodies that require SpiritedGifts to report its processing activities.

SpiritedGifts may also transfer PII to third parties when it sells, transfers, or merges any part of its business or assets.

SpiritedGifts requires all third parties that receive a transfer of PII from SpiritedGifts to maintain the same level of respect for the protection of PII as SpiritedGifts and SpiritedGifts only allows third parties to process your personal data for the specific purposes listed in this privacy policy.

6. Data Security

SpiritedGifts has put into place data security measures to protect your PII. SpiritedGifts allows access to your PII only by employees and service providers who have a need to know or access your PII on SpiritedGifts’s instructions. SpiritedGifts will notify you and any regulatory body of any breach of your PII or SpiritedGifts’s security measures if it is legally required to do so.

7. Retention of Data

SpiritedGifts will only retain your PII for so long as necessary to fulfill the purposes for which it is collected under this Privacy Policy or for the purposes of satisfying any legal, accounting, or reporting requirements.

8. Right to Access

Under the law, you may have a right to request access to your PII for correction, transfer, erasure, or restriction, or to object to its processing or withdraw your consent. If you wish to exercise any of these rights, please contact SpiritedGifts’s Data Protection Officer as disclosed in this Privacy Policy.

You do not need to pay a fee to access your PII or to exercise your rights. However, SpiritedGifts may charge a reasonable fee if your request is unreasonable or excessive.

To confirm your request, SpiritedGifts may need to request specific information from you as a security measure to ensure that PII is not disclosed to an unauthorized third party. SpiritedGifts will attempt to respond to all legitimate requests within thirty days.

9. California Privacy Rights

California residents have a right to request that we disclose what personal information we collect from you and whether, and how, we disclose or sell that personal information. California residents may also request that we delete any personal information collected or maintained by us from you.

California residents may also have the right to opt out of the sale of their personal information by clicking a link or icon associated with an advertisement. Specifically, this link or icon may state “Do Not Sell My Personal Information” or “Do Not Sell My Info.” By selecting this link or icon, you “Opt Out,” which means that you have opted out of the sale of your personal information as set forth in the California Consumer Privacy Act. However, even though you may have opted out, you may still see interest-based advertisements. To learn more about interest-based advertising across websites and additional opt-out choices, you can visit http://optout.aboutads.info. If you opt-out of the sale of your personal information but do not opt out of interest-based advertising more generally, you may still receive ads tailored to your interests based on personal information that was not sold by us, personal information that was sold to downstream participants at least 90 days before you opted out, or personal information that was sold by other sources from which you have not opted out.

To submit a request for a list of the categories of personal information collected from you or to request that SpiritedGifts delete your personal information, please email us at privacy@SpiritedGifts.com or send a letter to us at the following address:

Spirited Gifts

6988 SW 47th Street

Miami, FL 33155

privacy@SpiritedGifts.com

To verify your request, we may request certain information from you to confirm that you are an SpiritedGifts user, such as your phone number, username, email address, city, state, or geographic location. You may also designate an authorized agent to make a request to SpiritedGifts to disclose or delete your personal information. To do so, you must provide SpiritedGifts with proof that the individual or business has been appointed as your agent, such by providing a signed power of attorney form, and provide accurate responses to any information requested by SpiritedGifts that may be necessary to confirm that you are a SpiritedGifts user, such as your phone number, username, email address, city, state, or geographic location. California residents have a right not to receive discriminatory treatment by SpiritedGifts for their exercise of these rights conferred under California law.

10. Third Party Links

SpiritedGifts Services may include links to third party websites and applications. By clicking on third party links, you may allow third parties to collect or share data about you. SpiritedGifts does not control these third-party links and you are advised to review their respective privacy policies.

11. Responding to Do Not Track Signals

You can generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website. Our website is not currently set up to respond to browser do-not-track signals, but you can configure your browser settings to reject all cookies or prompt you before a cookie is set.

12. Notification of Changes

Whenever SpiritedGifts changes its Privacy Policy, we will post those changes to this Privacy Policy and other places that we deem appropriate. Your use of the SpiritedGifts Services following these changes indicates your consent to the practices described in the revised Privacy Policy.

13. Contact Us

If you have any questions about this Privacy Policy or the manner by which we collect or use Personal Information about you, email us at privacy@SpiritedGifts.com

SpiritedGifts knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This privacy policy lets you know what information we collect, how we may from time to time share that information, and your choices regarding the sharing of your information.

How To Contact Us

If you have questions about our privacy policy, please feel free to contact us:

admin@spiritedgifts.com

Our Privacy Commitment to Our Customers

Acceptance of and Changes to this Privacy Statement

Information Collection and Use

Cookies & Clickstream Technology

Updating Your Personal Information

Account Registration

Security of Your Personal Information

Disclosure of Personal Information

Information from Third Parties

Children’s and Minor’s Privacy

California Privacy Rights

We value the relationship we have with our customers and are committed to responsible information-handling practices. We take great care in safeguarding your personal information and in complying with all applicable federal and state privacy laws and our own internal standards and best practices.

We follow these privacy principles in connection with the collection, use, security and sharing of customer information:

CHOICE. When we contact you for marketing purposes, we will let you know how to remove your name from future marketing efforts.
SECURITY. We will use reasonable security measures to protect the personal information we receive from you.

As SpiritedGifts continues to improve the services, products and the features we provide via the SpiritedGifts.com website, our privacy policy is subject to change. Please note that we may amend this policy at any time by posting the amended policy in this Privacy Policy section of the SpiritedGifts.com website.

By using the SpiritedGifts.com website and services, you signify and confirm your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy Statement, your only remedy is to discontinue use of the SpiritedGifts.com website. We expressly reserve the right to modify this Privacy Statement at any time. Your continued use of any portion of the SpiritedGifts.com website following notification or posting of such changes, will constitute your acceptance of those changes. If you have questions or concerns about our specific policies, please send an e-mail to admin@spiritedgifts.com.

SpiritedGifts is the sole owner of the information collected on this site. We collect, use and disclose your Personal Information (including individuals associated with you, all of whom are referred to as “you” in this Privacy Policy) in its normal course of business for the following purposes:

Providing you with products and services offered on our site which you are interested in;
To determine your location so we know we can target certain offer certain products to you;
Establishing and maintaining communications with you;
Where you have requested information from us or one of our partners, assisting in the response to your request for information;
Responding to your inquiries about purchases, accounts and other services;
Marketing our, and our affiliates and partner’s, goods and services to you;
Processing transactions through service providers;
Meeting legal, security, processing and regulatory requirements;
Protecting against fraud, suspicious or other illegal activities;
Compiling statistics for analysis of our sites and our business.

We will not sell, share or rent this information to others in any way that varies from what is disclosed in this statement. SpiritedGifts collects information from our users at several different areas on our site. You may receive information regarding new features, services and special offers we think you will find valuable. If you wish to access, update or delete the information that you have previously provided to us and are unable to do so via the site, please contact us by e-mail at admin@spiritedgifts.com.

As you navigate the site, we may also collect information through the use of commonly-used information-gathering tools, such as cookies and web beacons (collectively “Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Site (such as the web pages viewed and the links clicked).

Like many companies, we may use cookies on this Site. Cookies are pieces of information shared between your web browser and a website. Use of cookies enables a faster and easier experience for the user. A cookie cannot read data off your computer's hard drive.

There are different kinds of cookies with different functions:

Session cookies: these are only stored on your computer during your web session. They are automatically deleted when the browser is closed. They usually store an anonymous session ID allowing you to browse a website without having to log in to each page. They do not collect any information from your computer.
Persistent cookies: a persistent cookie is one stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again.
First-party cookies: the function of this type of cookie is to retain your preferences for a particular website for the entity that owns that website. They are stored and sent between SpiritedGifts’s servers and your computer’s hard drive. They are not used for anything other than for personalization as set by you. These cookies may be either Session or Persistent cookies.
Third-party cookies: the function of this type of cookie is to retain your interaction with a particular website for an entity that does not own that website. They are stored and sent between the Third-party’s server and your computer’s hard drive. These cookies are usually Persistent cookies.

We do use third-party cookies on our Sites, as well as third party provided web beacons (please see the section on Web Beacons below). These cookies are used by us and our marketing partners to better understand your preferences, purchases and/or to tailor your experience on the site to your interests.

More specifically, this Site uses Google Analytics and other similar services, which are web analytics service provided by Google, Inc. and other third party companies. These services use cookies to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by these vendors on servers in the United States. These vendors will use this information for the purpose of evaluating your use of the website, compiling reports on website activity, and providing other services relating to website activity and internet usage for SpiritedGifts and its marketing affiliates. These vendors may also transfer this information to third parties where required to do so by law, or where such third parties process the information on their behalf. These vendors will not associate your IP address with any other data held by them. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google and SpiritedGifts in the manner and for the purposes set out above.

Along with the above noted uses, we use cookies for the following purposes:

Where strictly necessary

These cookies are essential in order to enable you to move around the Site and use its features, such as accessing secure areas of the Site. Without these cookies, services you have asked for, such as obtaining a quote or logging into your account, cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.

Performance

These cookies collect information about how visitors use a Site, for instance which pages visitors go to most often, and if they get error messages from web pages. They also allow us to record and count the number of visitors to the Site, all of which enables us to see how visitors use the Site in order to improve the way that our Site works. These cookies do not collect information that identifies a person, as all information these cookies collect is anonymous and is used to improve how our Site works.

Functionality

These cookies allow our Site to remember choices you make (such as your user name, language or the region you are in) and provide enhanced features. For instance, the Site needs to remember your log in details, so that you do not have to repeatedly sign in to your account when using a particular device to access our Site. These cookies can also be used to remember changes you have made to text size, font and other parts of web pages that you may be able to customize from time to time. They may also be used to provide services you have requested such as viewing a video or commenting on an article. The information these cookies collect is usually anonymized. They do not gather any information about you that could be used for advertising or remember where you have been on the internet. For information on all of these categories of cookies, and for more information generally on cookies please refer to aboutcookies.org. Please consult your web browser's ‘Help’ documentation or visit aboutcookies.org. for more information about how to turn cookies on and off for your browser.

Web Beacons

The Site may also use web beacons (including web beacons supplied or provided by third parties) alone or in conjunction with cookies to compile information about users’ usage of the Site and interaction with e-mails from SpiritedGifts. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Site tied to the web beacon, and a description of a Site tied to the web beacon. We use web beacons to operate and improve the Sites and e-mail communications. We may use information from web beacons in combination with other data we have about our clients to provide you with information about SpiritedGifts and our services. We will conduct this review on an anonymous basis.

IP Addresses

When you visit our Sites, SpiritedGifts collects your Internet Protocol (“IP”) addresses to track and aggregate non-Personal Information. For example, SpiritedGifts uses IP addresses to monitor the regions from which users navigate the Sites. IP addresses will be stored in such a way so that you cannot be identified from the IP address. In addition, SpiritedGifts uses your IP address to get an approximate location so we can find offer you targeted marketing or other services based on your location. We do this for both your convenience, as well as for legal compliance reasons.

Do-Not-Track

The major browsers have attempted to implement the draft “Do Not Track” (“DNT”) standard of the World Wide Web Consortium (“W3C”) in their latest releases. As this standard has not been finalized, the SpiritedGifts site is not compatible with DNT.

SpiritedGifts wants your personal information to be accurate and complete. We provide different methods for you to update your personal information. To update your name, address, phone number and/or e-mail information, please contact us as follows:

Mailing address:

SpiritedGifts

6988 SW 47th Street

Miami, FL 33155

e-Mail address:

admin@spiritedgifts.com

Attention:

Customer Service

If you send an e-mail or letter request, please be sure to include your current information and the requested changes.

During registration on the Web site, we collect an e-mail address to communicate with you about your transaction. We use this e-mail address to contact you if there are any issues and to notify you about the status of your order. If you do not want this retained for future promotional e-mail inclusion, you may opt-out any time by contacting us.

If a user wishes to subscribe to our e-mails, we ask for contact information such as name and e-mail address. We may use your personal information for purposes of sending you promotional materials and for other reason. For example, we may use your information to send you administrative communications about any account you may have with us or about future changes to this Privacy Policy. If at any time you should wish to unsubscribe, please click on the “unsubscribe” link in any e-mail from us or send an e-mail to admin@spiritedgifts.com.

When you register as a member of the SpiritedGifts website or sign up to receive our e-mail offers, we collect information that helps us identify you. The more information you provide, the better we can customize our services and your experience to suit your needs and preferences.

Whether you are shopping online, we use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it. SpiritedGifts cannot ensure or warrant the security of any information you transmit to us by e-mail, and you do so at your own risk.

When you create an account on SpiritedGifts.com you are required to establish a password. To maximize your level of protection, you should choose at least 6-20 characters, using a combination of both letters and numbers. You are solely responsible for maintaining the secrecy of your password and account information. You have the ability to purchase on our site without creating an account; however, you will need to re-enter your personal information each time you use our site in order to make a purchase.

We do not disclose any Personal Information about you to any third parties except as stated in this Privacy Policy, as otherwise permitted by law, or authorized by you.

Purchasing

Third parties to whom we disclose information are required by law and contractual undertakings to keep your Personal Information confidential and secure, and to use and disclose it for purposes that a reasonable person would consider appropriate in the circumstances, in compliance with all applicable legislation, which purposes are as follows:

To partners who offer products or services via our site so they can transact with you;
To notify you or allow our affiliated companies to notify you of certain products or services offered by our affiliated companies;
For legal, claims settlement and valuation services;
To process transactions through data processing service providers;
If the information is a credit card number and related information, to process credit card payments—through third party payment processing, clearing and settlement systems in association with various banks;

If these third parties wish to use your Personal Information for any other purpose, they will have a legal obligation to notify you of this and, where required, to obtain your consent. Contact us at admin@spiritedgifts.com for more information on these third parties.

Co-Branded Areas

Some areas in our site may be offered to you in association with affiliated third parties, such as co-promotional partners, dedicated producers of beverage alcohol, or co-sponsors of events you may want to attend. Such co-branded areas may require you to disclose Personal Information to the third party. The co-branded areas will identify the third party. The third party’s privacy policy will apply to how they treat your Personal Information. We recommend you review the privacy policy of these third parties. If you elect to register for events or products with these third parties you will be providing your Personal Information to both us, and the third party.

Service Providers

We use third-party service providers to enhance your shopping experience on our Web site including, but not limited to, providing shipping services, tax services and product recommendations. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this Web site in order to provide personalized recommendations and advertisements about our goods and services on our Web site as well as when you visit other Web sites. Because service providers we use may be located in the United States, your Personal Information may be processed and stored inside the United States; and the U.S. government, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your Personal Information under US laws.

Social Media, Reviews, and User Generated Content

Any personally identifiable information you submit on a social media Web site, such as Facebook or Twitter, bulletin board, blog, chat room, comment about a product, or any other public forum on this Web site can be read, collected or used by other users of these forums, and could be used to send you unsolicited messages. We recommend that you do not provide your name, e-mail address or any other personal information in public forums on this Site. Please note that if you choose to do so, it is at your own risk and you accept full responsibility for those posts and any consequences that may arise from posting this information.

Business Transactions

As we continue to develop our business, we might sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if either SpiritedGifts itself or substantially all of SpiritedGifts assets were acquired, your Personal Information may be one of the transferred assets. Therefore, we may disclose and/or transfer your Personal Information to a third party purchaser in these circumstances

Other Legally Required Disclosures

SpiritedGifts preserves the right to disclose without your prior permission any Personal Information about you or your use of this Site if SpiritedGifts has a good faith belief that such action is necessary to:

Protect and defend the rights, property or safety of SpiritedGifts, employees, other users of this Site, or the public;
Enforce the terms and conditions that apply to use of this Site;
As required by a legally valid request from a competent governmental authority;
Respond to claims that any content violates the rights of third-parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request

In this Privacy Policy, the purposes identified above and in “Collection, Use and Disclosure of Personal Information” will be referred to as the “Identified Purposes.”

SpiritedGifts obtains consumer information from third party providers in order to improve the accuracy of our customer database, increase our understanding of our customers or to identify potential customers. For example, we may get updated addresses from the National Change of Address (NCOA) service to ensure we have the correct contact information for our customers.

The third parties with whom we conduct business are authorized to use your information only to perform the service for which they are hired. They are required to abide by the terms of our Privacy Policy including taking reasonable measures to ensure your personal information is secure. We may also share aggregated data with third parties for analysis and research purposes. This data does not contain name, address or other personally identifiable information.

The SpiritedGifts.com site is intended for adults 21 years of age and older. We do not knowingly collect personal information from minors under the age of 21. However, if the parent or guardian of a child or minor under 21 believes that the child or minor has provided us with personally identifiable information, the parent or guardian of that child should contact us immediately at admin@spiritedgifts.com if they want this information deleted from our files.

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.

To request a copy of the information disclosure provided by SpiritedGifts pursuant to Section 1798.83 of the California Civil Code, please contact admin@spiritedgifts.com.