The Gift Basket Company values its customers and respects your privacy, and wants you to be familiar with how we collect, use and disclose information.
Personal Information We Collect
“Personal Information” is information that identifies you as an individual. Non-Personal Information, in contrast, is any information that does not reveal your specific identity. Our collection, use and disclose of Non-Personal Information are addressed below under the heading “Non-Personal Information.”
We and our service providers may collect the following Personal Information:
Postal address (including billing and shipping addresses)
Driver license number (from corporate or high-volume orders) and
Credit and debit card number.
HOW WE USE PERSONAL INFORMATION
We and our service providers may use Personal Information:
To respond to your inquiries and fulfill your requests, including to contact you if necessary;
To process and fulfill your order, for example by confirming your order and your billing and shipping information, processing your payments, delivering your products and communicating with you regarding your order;
To send to you important information regarding the Site, changes to our terms, conditions and policies and other administrative information;
To send to you information by email, postal mail, telephone and other means about our products, services, contests, sweepstakes and other promotions;
To help us improve the customer experience, including by learning more about your preferences to help personalize your experience with us;
To allow you to send messages to a friend through the Site (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend's name and email address for such purpose);
To analyze trends and statistics in connection with our businesses and Internet properties;
To protect the security or integrity of our businesses and Internet properties; and
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (g) to allow us to pursue available remedies or to limit the damages that we may sustain.
HOW PERSONAL INFORMATION IS DISCLOSED
Your Personal Information may be disclosed:
To our third-party service providers, who provide services such as website hosting, data analysis, payment processing, order fulfillment, IT services and infrastructure, customer service, email delivery and administration, credit card processing, auditing and other similar services to enable them to provide services;
To our subsidiaries and affiliated entities (collectively, our “Affiliates”) for marketing and other purposes;
To selected third parties (“Promotional Partners”), to permit them to send to you marketing communications. The Gift Basket Company seeks to select as Promotional Partners only reputable companies that offer what we believe to be high-quality products and services;
To third-party sponsors of contests, sweepstakes and similar promotions;
To identify you to anyone to whom you send messages through the Site;
By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (please note that any information and materials that you post or disclose through such services will become public information, and may be available to visitors to the Site and to the general public; we urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Site);
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding); and
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
NON-PERSONAL INFORMATION WE COLLECT
“Non-Personal Information” is any information that does not reveal your specific identity, such as:
Server log files
Information collected through cookies, pixel tags and other technologies
Demographic information and other non-personally identifiable information provided by you and
HOW WE COLLECT NON-PERSONAL INFORMATION
We and our third-party service providers may collect Non-Personal Information in a variety of ways, including:
Through your browser: Certain information is collected by most browsers, such as your Media Access Control (“MAC”) address, computer type (Windows or Macintosh), screen resolution, and the type and version of your operating system and browser.
Through server log files: An Internet Protocol (“IP”) address is a number that is automatically assigned to a computer by an Internet Service Provider (“ISP”), and is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. We and our service providers use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems and administering the Site.
Flash Local Stored Objects: We and our service providers may use a third-party technology, called Flash, in connection with the Site or our online content. Flash provides a facility, referred to as Local Stored Objects (“LSO”), that allows a website operator or online content provider (or their service providers) to store certain information locally on an individual's computer; for example, Flash LSOs can be used to store information regarding an individual's computer. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Site or our online content. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) are small images that may be used by us and our service providers in connection with some Site pages and HTML-formatted email messages to, among other things, render the Site pages to you on various hardware devices and operating system versions, track the actions of Site users and email recipients, measure the success of marketing campaigns and compile statistics about Site usage and response rates. Pixel tags may collect information such as the pages, features and links accessed by a Site visitor, and the IP address, browser type and operating system of such visitor's computer.
From you: We and our service providers may collect demographic information such as your location, as well as other information, such as your preferred means of communication, your gender and your date of birth, when you voluntarily provide this information to us or our service providers. You may also have the opportunity to provide us with information regarding major events such as weddings, child births and the purchase of a new home. We also maintain a record of your orders, purchases, exchanges, returns, wish lists and gift registries in connection with the Site or our businesses. Unless combined with Personal Information, this information does not personally identify you or any other customer or potential customer of our businesses.
By aggregating information: We and our service providers may aggregate Personal Information collected from our customers and potential customers, for example by using Personal Information to calculate the percentage of such individuals who have a particular telephone area code. Aggregated Personal Information does not personally identify you or any other customer or potential customer.
HOW WE USE AND DISCLOSE NON-PERSONAL INFORMATION
Because Non-Personal Information does not personally identify you, we may use and disclose Non-Personal Information for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your zip code). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information while it is so combined.
THIRD PARTIES AND THIRD PARTY SITES
THIRD PARTY ADVERTISERS
We may use third-party advertising companies to serve ads when you visit the Site. Please note that these companies may use information about your visit to the Site to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Site, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please contact us.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. For example, we seek to use Secure Sockets Layer (“SSL”) technology for the placement of orders. Unfortunately, no data storage system or data transmission over the Internet can be guaranteed to be 100% secure. Please exercise caution in submitting Personal Information via the Site, especially if you are accessing the Site using a WiFi hotspot or public network. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised, or if you are unable to utilize our Site-related SSL technology), please immediately notify us of the problem and place any orders with us over the telephone or in person, instead of using the Site. You may contact us in such circumstances in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
Receiving promotional emails from us: If you no longer want to receive promotional emails (such as information about new products, special offers and sales events) from us on a going-forward basis, you may opt-out of receiving such communications by contacting us in accordance with the “Contacting Us” section below. In each case, please remember that, if you wish to opt-out of receiving all promotional emails from The Gift Basket Company, you may need to opt-out separately for each brand. When so contacting us, please be sure to include your full name and the email and/or postal address that you used when registering or making a purchase. We will seek to process your requests regarding promotional emails within 10 business days, and to process your requests regarding catalogs within 90 days.
Our sharing of your Personal Information with Affiliates, Promotional Partners and other third parties for their marketing purposes: If you no longer want us to share your Personal Information on a going-forward basis with our Affiliates, Promotional Partners and other third parties for their marketing purposes, you may opt-out of such sharing by contacting us in accordance with the “Contacting Us” section below. In so contacting us, please be sure to include your full name and the contact information that you no longer wish to be shared, and state specifically whether you wish to opt-out of such sharing with (a) Affiliates, (b) Promotional Partners and other third parties, or (c) both. We will seek to process your request within 90 days.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of our Affiliates, Promotional Partners and other third parties with which we have already shared your Personal Information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send important administrative messages to you, and you cannot opt-out from receiving such administrative messages. For example, when you place an order, we will continue to confirm your order and shipment status by email. We may also need to contact you via telephone, email or postal mail with information or questions regarding your order.
HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION
We welcome your willingness to update your information with us. You may review or ask us to update your Personal Information by contacting us in accordance with the “Contacting Us” section below. In your request, please make clear what information you would like to have changed.
We will try to comply with your request as soon as reasonably practicable. We are not responsible for changing information in the databases of Affiliates, Promotional Partners and other third parties with whom we have already shared your Personal Information.
USE OF SITE BY MINORS
The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Site.
The Site is controlled and operated by us from Canada, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of Canada.
Please note that email communications are not always secure; so please do not include credit card information or other sensitive information in your email messages to us.