Last Updated: January 28, 2020
HitAGift™ Mobile Application Privacy Policy
Thank you for accessing the HitAGift™ mobile application (“App”). The App is owned, operated and made available by HitAGift (“HitAGift™,” “we,” “our” or “us”). Capitalized terms not defined herein shall have the meaning set forth in the HitAGift™ Mobile App End-User License Agreement (“EULA”).
This HitAGift™ Mobile Application Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when End-Users access, utilize and otherwise interact with the HitAGift™ Offerings including, but not limited to, when End-Users: (a) download, or attempt to download, the App; (b) access certain text, images, video, audio and other content and information relating to the HitAGift™ Offerings (as defined below) (collectively, “Content”); (c) register as members (“Member”), either through the App or through the applicable Visitor’s Facebook® account; and (d) access, as a Member, to certain promotional giveaways (each, a “Giveaway,” and together with the App and Content, the “HitAGift™ Offerings”). IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS, DOWNLOAD OR OTHERWISE USE THE HitAGift™ OFFERINGS, AS APPLICABLE.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Please be advised that HitAGift™ is not in any way affiliated with Facebook, and the HitAGift™ Offerings are not endorsed, administered or sponsored by Facebook.
Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please email us as at: hit.a.gift.service@gmail.com.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please email us at: hit.a.gift.service@gmail.com. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
Personally Identifiable Information Collected
HitAGift™ collects certain personally identifiable information from End-Users, as applicable, when End-Users register, or attempt to register as Members, download the App, enter a Giveaway and/or claim a Prize in connection with a Giveaway. The information that End-Users must supply on the applicable Form may include, without limitation: (a) the End-User’s full name (where the End-User is a potential Prize winner); (b) the End-User’s screen name; (c) the End-User’s e-mail address (where the End-User is a potential Prize winner); (d) the End-User’s mailing address (where the End-User is a potential Prize winner); (e) the End-User’s date of birth; (f) the End-User’s gender (where the End-User is a potential Prize winner); (g) the End-User’s PayPal account (where the End-User is a potential cash Prize winner); and/or (h) any other information requested by HitAGift™ on the applicable Form. Where an End-User accesses certain of the HitAGift™ Offerings using her/his Facebook® account, HitAGift™ may collect some or all of the following (depending on the End-User’s Facebook® account settings and the discretion of Facebook®): (i) the End-User’s e-mail address; (ii) the information listed in the “About Me” section of the End-User’s Facebook® account; (iii) the “interests” associated with the End-User’s Facebook® account; (iv) the End-User’s Facebook® account ID and the “likes” associated with the End-User’s Facebook® account; (v) the End-User’s Facebook® profile picture; and (vi) any other information collected via the Facebook® account interface, depending on the End-User’s Facebook® account settings.
Use of Personally Identifiable Information
By submitting your personal information by and through the HitAGift™ Offerings, you agree that we may share, sell, rent, lease or otherwise provide that personal information, except your PayPal account information, to/with any third-party for any purposes permitted by law, and we may work with other businesses to bring selected retail opportunities to our End-Users. These businesses and third parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. We will also use your personal information to send you promotional messages regarding various HitAGift™ products and/or services, as well as third-party products and/or services that we think may be of interest to you.
Where you submit personal information, we use the personal information that you make available to personalize your experience with the App and to facilitate the delivery of the applicable HitAGift™ Offerings to you, including to respond to any inquiries made by you. In addition, we may use Giveaway entrants' names, likenesses, reviews on Google Play® Store and other comments and photos in connection with the Giveaway on social media platforms for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law. We use your PayPal account information only for the delivery of the applicable cash Prize.
You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the HitAGift™ Offerings, and to keep you informed of our other products and services.
By submitting your personal information by and through the HitAGift™ Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the HitAGift™ Offerings, and your consent simply allows HitAGift™ to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify HitAGift™ of the Phone Number Change via e-mail at: hit.a.gift.service@gmail.com.
We may permit our third-party agents, service providers, vendors and subcontractors to access your personal information, but they are only permitted to do so in connection with performing services for us and/or to operate the HitAGift™ Offerings. They are not authorized to use that personal information for their own benefit. HitAGift™ requires that its third-party service providers have in place privacy practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party service providers.
We reserve the right to release current or past personal information: (A) in the event that we believe that the HitAGift™ Offerings are being or have been used in violation of the Agreement, or to commit unlawful acts; (B) if the information is subpoenaed, requested pursuant to a court order or in connection with an ongoing law enforcement investigation; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (C) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if HitAGift™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via a prominent notice in the App of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law including the CAN-SPAM Act of 2003, as amended from time to time. End-Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.
Non-Personal Information Collection and Use
Aggregate Data
HitAGift™ reserves the right to share your personal information with third-party advertisers and marketers on an aggregate, non-personally identifiable basis. Such information will include broad demographic categories about End-Users, their preferences, activities, locations and other information; provided, however, that such aggregate information will never be linked to any personally identifiable information.
Mobile Device, Geolocation and App Usage Information
We may collect certain non-personally identifiable information about you and your Mobile Device when you access the App and/or visit certain App pages. This non-personally identifiable information includes, without limitation, the following information pertaining to your Mobile Device and your use of the App: (a) Mobile Device platform type; (b) Mobile Device identifier; (c) SDK version; (d) API key (identifier for the App); (e) App version; (f) the model type, manufacture and Android version of the Mobile Device; (g) your App session start/stop time and date; and (h) the actions taken while utilizing the App. We use the non-personally identifiable information identified in this paragraph to improve the design and content of the HitAGift™ Offerings and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze HitAGift™ Offerings usage, alter existing HitAGift™ Offerings and/or develop new or different HitAGift™ Offerings. You understand and agree that we may send push notifications about the HitAGift™ Offerings to you by and through your Mobile Device.
Geolocation Tracking
HitAGift™ does not use geolocation technology to track App End-Users’ locations.
Behavioral Tracking
Neither HitAGift™, nor any third parties, place cookies or other tracking technology in the App that tracks End-User activities after they exit the App.
Cookies
HitAGift™ does not utilize cookies in connection with the HitAGift™ Offerings. To find out more about Cookies, please visit www.cookiecentral.com.
Third-party Links
The HitAGift™ Offerings may contain links to other third-party owned and/or operated mobile websites including, without limitation, the Download Venues. HitAGift™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and HitAGift™ has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such websites. These third-party entities are independent third parties and are not affiliated with us.
Security
We endeavor to safeguard and protect all personal information. When End-Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the HitAGift™ Offerings or otherwise via the Internet or wireless network, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail (where we have your e-mail address) or, where we have no other means of contacting you, a prominent notice in the App in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Our Commitment to Children’s Privacy
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information via the App. HitAGift™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. If you are a parent or guardian of a minor, and discover that your minor has obtained a HitAGift™ Account without your permission, or you otherwise want HitAGift™ to delete the personal information of any minor, then you may contact HitAGift™ via e-mail at: hit.a.gift.service@gmail.com.
Opt-Out/Unsubscribe
To opt-out of receiving e-mail communications or other marketing messages from us, you can follow the instructions associated with the applicable marketing message, click here or e-mail us at: hit.a.gift.service@gmail.com. To opt out of receiving e-mail communications from third parties, please follow the instructions associated with such third-party e-mail communications.
Notwithstanding the foregoing, we may continue to contact you for purposes of communicating information relating to your participation in the Giveaways, request for HitAGift™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving HitAGift™ Offerings-related and inquiry response-related messages from HitAGift™, you must cease participating in the Giveaways, requesting and/or utilizing the HitAGift™ Offerings and cease submitting inquiries to HitAGift™, as applicable.
Deleting, Modifying and Updating Your Information
At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: hit.a.gift.service@gmail.com. We ask individual End-Users to identify themselves and the personal information requested to be accessed, corrected or removed before processing such requests and, to the extent permitted by applicable law, 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 backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the HitAGift™ Offerings. If you wish to continue using the full complement of HitAGift™ Offerings, you may not be able to delete all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. In addition, this deletion will not change or delete personal information which may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact the third parties that contact you directly to change your preferences regarding their use of your personal information.
Changes to this Privacy Policy
HitAGift™ reserves the right to change or update this Privacy Policy at any time by posting a notice in the App interface that we are changing our Privacy Policy. If the manner in which we use personal information changes, HitAGift™ will notify End-Users by: (a) sending the modified policy to our End-Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your personal information in this different manner and we will only use your personal information in this different manner where you opt-in to such use.
Contact Us
If you have any questions about this Privacy Policy, please e-mail us at: hit.a.gift.service@gmail.com.