Privacy & Cookie Policy

Last modified on: October 14, 2024

This Privacy Policy explains how information about you is collected, used, and disclosed by Business Owner (hereafter “GiftASong,” “we,” or “us”) when you use our website (giftasong.net) (the “Website”) to purchase the lifetime use of a custom music (hereafter a “Song”) or when you otherwise interact with us (collectively, the “Services”). This notice also explains what information/data we collect about you, how we use it, and your rights and choices concerning the personal information we hold about you under national data protection laws and Regulation (EU) 2016/679 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data (General Data Protection Regulation, or “GDPR”). By using the Website, you are accepting the practices set out in this Privacy Policy and the applicable Terms and Conditions.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy and in some cases we may provide you with additional notice (such as sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

User Information Non-Personally Identifiable Information

When you use the Services (either on your computer, mobile phone or other device), GiftASong’s servers (which may include servers and services operated, contracted, or licensed by GiftASong, hereafter “our servers”) may collect certain aggregate information or other information that does not reveal your identity (collectively, the “Non-Identifiable Information ”). The Non-Identifiable Information may include (i) information that your computer, mobile phone or device sends or transmits, including your device type, model, manufacturer, operating system, version info, IP address, ID number (for example, your UDID), user settings, and information about your use of the Services such as promotions viewed, purchases made, and information you submitted, (ii) search terms you used, or which referring/exit pages brought you to the Website, and date and time of such information, (iii) non-personally identifying information provided by you (iv) information about or from another content delivery platform, and (v) information derived from such above information and other third party sources such as offers and advertisements viewed on the Website.

Personal Information You May Provide To Us

When you use our Services, we collect a wide variety of information about you, including but not limited to, the answers you provide to our proprietary questions and the storyline you submit to us as content for a Song (the “Story”). Some of the information that you provide to us is personally identifiable information—information about you that can be used to contact or identify you, and information on your use or potential use of the Services and related services (the “ Personal Information”). Personal Information that we might collect may include things like your name, email address and other submissions provided by you. Personal Information may also include other information you supply to us concerning your preferences and interests expressed in the course of using the Services. Unless otherwise stated herein or with your permission, Personal Information will be confidential, including the Story. (Notwithstanding the foregoing, GiftASong may use, distribute and publish the Song in its sole discretion.)

Purchase Information

We do not process payments directly on our website. Instead, we use Stripe, a third-party payment processor. GiftASong does not have access to your full payment details. Stripe may share limited information with us necessary for processing your order, such as your name, email address, billing address, and the last four digits of your credit card number (collectively, the “Payment Information”). We do not store or have access to your complete payment information, such as your full credit card number or security code, as these are processed securely by Stripe.

E-mails

We require an e-mail address to use the Services. We use your e-mail for both transactional (e.g., order confirmation, and follow-up questions) and promotional (e.g., newsletters, new product offerings, special discounts, event notifications, special third-party offers) purposes. E-mail messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. If you would rather not receive promotional e-mails from us, please see the section below labeled “Your Choices”.

Demographic Data

We also collect demographic data on the Website. We use this data to tailor our users’ experience on the Website, showing content that we think they might be interested in, and displaying the content according to their preferences. Some of this information may be shared with advertisers as Non-Identifiable Information.

Online Survey Data

We may periodically conduct voluntary user surveys, and we encourage participation, as they provide us with valuable insights to improve our Services. Additionally, users may volunteer to submit reaction videos, which we may share on our website. Participation in both surveys and video submissions is entirely voluntary, and any specific rules regarding participation will be disclosed prior to your involvement. We do not link survey responses or video submissions to any Personal Information, and all survey responses remain anonymous.

Information About You We May Obtain Through Other Sources

GiftASong may also receive Personal Information provided by affiliated partners or third parties in the course of your using their services, or from third parties subject to the limitations of the privacy policies of those affiliated partners or third parties.

Collection of Information log Files

Any time you visit the Website, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the Website, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. We do not share the log files externally.

Cookies

We use “cookies” to keep track of some types of information while you are visiting the Website or using the Services. Cookies are very small files placed on your device, and they allow us to count the number of visitors to the Website and distinguish repeat users from new users and/or visitors. They also allow us to save user preferences and track user trends. We rely on cookies for the proper operation of the Website; therefore if your browser is set to reject all cookies, the Website will not function properly. Users who refuse cookies assume all responsibility for any resulting loss of functionality. We do not link the cookies to any Personal Information.

Usage Tracking

GiftASong may also use data collection tags or directives such as “pixel tags,” “clear gifs,” Javascript scripts, API calls, or similar means (individually or collectively, “Usage Tracking”) and the demographic or psychographic data we have collected, and with third-party analysis partners, to analyze usage patterns of users anonymously and to serve promotional material to you that are tailored based on the analysis of what GiftASong believes you would respond favorably to in light of the information that GiftASong has collected or accessed about you as described above. A “pixel tag” is a small, electronic image, often a single pixel and often transparent, that is placed on a web page and may be associated with cookies on your hard drive. We do not link the Usage Tracking to any Personal Information.

Use of Information

We may use information about you for various purposes, including to:

  • Provide, maintain and improve the Services, including to provide additional features and content;
  • Respond to your questions and requests and provide customer service;
  • Send you technical notices, updates, security alerts and support, and administrative messages;
  • Communicate with you about products, services, offers, promotions, and provide news and information we think will be of interest to you;
  • Monitor and analyze trends, usage and activities in connection with the Services;
  • Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
  • Link or combine with information we get from others to help understand your needs and provide you with better service;
  • Detect, investigate and/or prevent fraudulent, unauthorized or illegal activity; and
  • Carry out any other purpose for which the information was collected.

Sharing Information

GiftASong will not share your Personal Information with anyone else except to provide the Services, when GiftASong otherwise has your permission, or under the following circumstances:

Non-Personally Identifiable Information

As discussed above, GiftASong may share with third parties or the public aggregated information in a form that does not disclose your Personal Information, or is reasonably likely to allow you to be personally identified, for industry analysis, demographic profiling and similar purposes. GiftASong shares this aggregated information so that its partners also understand how interested users are in their events and services, so that they may also provide you with an optimal online experience, and provide opportunities for future brand partners.

Compliance with Laws and Law Enforcement

GiftASong cooperates with government and law enforcement officials and private parties to enforce and comply with the law. GiftASong reserves the right to track IP addresses for the purposes of fraud prevention, and to release IP addresses to legal authorities. GiftASong will disclose information about you to government or law enforcement officials or private parties when GiftASong believes reasonably necessary to comply with law, to protect the property and rights of GiftASong or a third party, to protect the health and safety of the public or any person (such as when harm or violence against any person (including you) is threatened, or to prevent or stop activity GiftASong may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.)

GDPR

An European Union law, called the General Data Protection Regulation or "GDPR" gives certain rights to individuals in relation to their personal data. Accordingly, we have implemented additional transparency and access controls in our Privacy Center and Privacy Settings to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:

  • Right of Access - the right to be informed of and request access to the personal data we process about you;
  • Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
  • Right to Erasure - the right to request that we delete your personal data;
  • Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
  • Right to Object -the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
  • Right to Data Portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
  • Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

In order to enable you to exercise these rights with ease and to record your preferences in relation to how GiftASong uses your personal data, we provide you with the ability to opt out of any data collection by emailing legal@giftasong.net with the specific opt out request.

If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection (“opt-out”) at no cost. The electronic marketing messages you receive from GiftASong (e.g. those sent via email) also will include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you).

You can find out more about the GDPR rights described above and the controls we provide to all GiftASong users with respect to these rights by contacting the Privacy Center at legal@giftasong.net. If you have any questions about your privacy, your rights, or how to exercise them, please contact our Data Protection Officer at legal@giftasong.net. We will respond to your request within a reasonable period of time upon verification of your identity.

Disclosure to Protect Abuse Victims

Notwithstanding any other provision of this Privacy Policy or the Terms and Conditions, GiftASong reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in GiftASong’s sole opinion, GiftASong suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Information may be disclosed to authorities that GiftASong, in GiftASong’s sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that we are permitted to make such disclosure.

Business Transfers

GiftASong may utilize, transfer or otherwise share your Personal Information in connection with a merger, acquisition, reorganization, or sale of the GiftASong (or our assets) or in the event of its bankruptcy; this is the only case in which GiftASong may utilize Personal Information it collects from you or from your use of the Services. If such transaction occurs, you will be notified if there are any material changes to the way your Personal Information is collected or used.

Security

GiftASong take the security of your personal information seriously and implement reasonable measures to protect it. While we rely on third-party service providers for website hosting, data storage, and payment processing, all of these providers employ industry-standard security practices to safeguard your information. These include encryption, secure access controls, and monitoring to prevent unauthorized access or data breaches. Although we do not control the specific security measures of these providers, we carefully select partners that adhere to the highest standards of data protection. However, please note that no system can be completely secure and given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.

Links to Other Sites

The Services may contain links or API’s (e.g. data or content exchange interfaces), to external services or websites of other partners or services, including any affiliated partners, for information or functionality of services. If you choose to visit a partner or third party website by “clicking on” or selecting a button, service, or click on another third party link, you will be directed to that third party’s resources. The fact that GiftASong may link to or incorporate a partner's services, functionality, or website, is not an endorsement, authorization or representation of its affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. GiftASong does not exercise control over third party services, functionality, websites or other resources, including their use of personal information, and you should exercise caution when deciding to disclose any Personal Information to a third party. GiftASong encourages you to read the privacy policies or statements of the other websites you visit to learn more about their privacy practices. These other parties may place their own cookies or other files on your computer or device, collect data or solicit personal information from you. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. This Privacy Policy only applies to the Services, and neither GiftASong nor GiftASong’s affiliates are responsible for the privacy practices or the content of other websites.

Age Restrictions

The Services are not directed to persons under thirteen (13). If you become aware that your child, under the age of thirteen (13) has provided us with Personal Information please contact us at support@giftasong.net. We do not knowingly collect Personal Information from children under the age of thirteen (13). If we become aware that a child under the age of thirteen (13) has provided us with Personal Information, we will take steps to remove such information and terminate the child's account and use of the Services.

Links to or Access from Other Sites

You may be able to access your account or content of your account from third party sites, such as social networking sites, by way of various applications. The privacy policies and practices of such sites in connection with information you disclose on such sites may differ from the practices of GiftASong as set forth in this Privacy Policy, and you should review their policies and practices to ensure that the privacy of the information you submit on their website does not conflict with and is consistent with how you wish your information to be treated. Such sites may also place their own cookies or other files on your computer, collect data or solicit personal information from you. We are not responsible for the privacy policies or practices or the content of any other websites that may provide access to, or be linked to or from, this Website, including that of any social networking sites and third party advertisers whose offerings require you to navigate away from the Website.

Your Choices

If you wish to opt out of the Services, remove any information, including Personal Information, from the Website, update any Personal Information or unsubscribe to any promotional emails and newsletters you may contact the GiftASong at the following support@giftasong.net.

Subscriber and Promotional Emails

GiftASong may send promotional or subscriber emails to your device. When you first launch any features of the Services, you will be asked to consent to the GiftASong’s ability to send subscriber emails to you. If you initially consent to subscriber emails, you can subsequently stop the emails by clicking ‘unsubscribe’ in the email or by contacting the GiftASong at support@giftasong.net.

Contact Information

If you have any questions about this Privacy Policy, the Terms and Conditions, or the practices of the Website, you can contact us:

Email: legal@giftasong.net

Address: Flat 3, 46 Tontine Street, Folkestone, Kent, CT20 1JU