Privacy Policy

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ShoppingGives respects your privacy and is committed to protecting your personal data.

This privacy policy (“Privacy Policy”) applies to Niche Interactive Media, Inc. d/b/a ShoppingGives (“ShoppingGives”, “we”, “us”, or “our”), and tells you the types of information we collect about you when you visit our site https://shoppinggives.com (the “Site”) and use our products and services, or which we otherwise obtain directly from you or from a third party, how we use that information, the instances in which we share your information, and your choices about the collection and use of information. This Privacy Policy may change from time to time to address new or modified laws, changes and/or new or modified business procedures, so please check this Privacy Policy regularly so that you are aware of any such changes.  We will update the ‘Last Modified’ date above and may provide you additional forms of notice of modifications and/or updates as appropriate under the circumstances.  You can determine when this Privacy Policy was last revised by referring to the date it was “Last Modified” above.  If you disagree with any changes to this Privacy Policy and do not wish your information to be subject to the revised Privacy Policy, you will need to stop using the Site.  Your continued use of the Site after any modification to this Privacy Policy will constitute your acceptance of such modifications and/or updates.

By using the Site in any manner, you indicate to ShoppingGives that you have read and accept our Privacy Policy and consent to the data practices, including without limitation the collection and use of your personal information and data as described herein.  If you do not accept this Privacy Policy or do not meet or comply with the provisions set forth herein, then you shall not use the Site.  If required by applicable law, we will seek your express consent to process personal information and data (i) provided by you and/or (ii) collected during your use of the Site.  Any consent shall be entirely voluntary.  In the event you do not provide consent to use and/or process your personal data, then you may not access and/or use the Site. The Site is intended for individuals, companies and non-profits located in the United States or Canada only, and you hereby expressly acknowledge and agree that if you are accessing and/or using our Site that you reside in the United States or Canada and will only access and/or use our Site in the United States or Canada.

Access to and/or use of the Site and related services is subject to ShoppingGives Terms of Use located at https://shoppinggives.com/terms-of-use, which may be updated from time to time by ShoppingGives in its sole and absolute discretion, and such other terms which are made available to you in connection with your use of the Site.

SERVICE ELIGIBILITY

Our Commitment to Children’s Privacy

Protecting children’s privacy is important to us. We do not direct the Site to, nor do we knowingly collect any personal information from, children under the age of thirteen (13).  If we learn that we have collected personal information from a child under age thirteen (13), we will delete such information as quickly as possible. If you believe that a child under the age of thirteen (13) may have provided us personal information, please contact us and we will delete such information from our databases to the extent required by law.

The Data We Collect About You

When you use the Site, you may provide ShoppingGives with two main types of information: (i) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and/or (ii) general user information that does not contain personally identifiable information, which is collected on an aggregate basis when users use the Site.  We collect information from you when you (a) use and/or access the Site, (b) open and/or respond to our emails, (c) contact ShoppingGives, (d) visit any page online that displays our content, (e) make purchases through the Site, and/or (f) provide information to any of our vendors.

Data You Choose to Provide

We may collect, use, store and/or transfer different kinds of personal data about you which we have grouped together in the following subsections:

• “Identity Data”: includes first name, maiden name, last name, username or similar identifier and title.
• “Contact Data”: includes mailing address (for organization administration), email address and telephone numbers.
• “Transaction Data”: includes payment details of transactions to and from you and details of products and services you have purchased from our retailer
• “Change Commerce Data”: includes when making a purchase through a retailer’s site which includes ShoppingGives’ Change Commerce® program, which captures additional information such as the charity you select to support at the time of purchase.
• “Technical Data”: includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other devices you use to access this Site.
• “Profile Data”: includes your username and password, purchases or orders made by you, donations, your interests, preferences, feedback and survey responses.
• “Usage Data”: includes information about how you use our Site, products and services and/or incoming (referral) sites if applicable and page views.
• “Marketing and Communications Data”: includes your preferences in receiving marketing from us and our third parties, and your communication preferences.
• “Content Data”: includes any content which you upload onto the Site, such as comments and other text or images that contain personal data.

We collect such information from you when you voluntarily provide such information.

In addition, you may choose to provide unsolicited information and/or feedback related to the Site and related services.  You acknowledge and agree that such information is not subject to any confidentiality obligations and you grant ShoppingGives an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense such unsolicited information and/or feedback and irrevocably waive, and cause to be waived, against ShoppingGives and its users any claims and assertions of any moral rights contained in such unsolicited information and/or feedback.  This paragraph shall survive termination of the contract and/or relationship between you and ShoppingGives.

Data That We Automatically Collect

When you access or use the Site, we may automatically collect information about you, including:

• Aggregated Data and/or De-Identified Data: ShoppingGives may aggregate and/or de-identify your information so that the information no longer relates to you individually, which includes without limitation demographic or statistical data, such as how many visitors visit a specific page, how long they stay on that page and which links, if any, they click on. This information represents a generic overview of our users, including their collective habits. Information collected in the aggregate is not associated with you as an individual. We may share aggregated data and/or de-identified data in the aggregate with third parties and such data is not subject to this Privacy Policy and may be disclosed to third parties without limitation and for any purpose.  However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
• Analytics: ShoppingGives uses third party analytic software to gather statistics and usage trends for product and service improvement purposes and so the information you provide to us will be disclosed to such third party providers.  Our Site may record data from your phone, tablet, and/or computer, such as how frequently you use the Site, what actions you take and performance data.
• Location Information: When you use the Site, you may be asked to provide your location information, such as your city and state. ShoppingGives will use such information as described herein.
• Other Tracking Technologies: We may supplement information you provide to us with information from other sources, such as information to validate and/or update your address and/or other demographic information. This information is used to maintain the accuracy of information on the Site and for internal analysis.  We may also use clear gifs, pixel tags and web beacons, which are tiny graphic images placed on website pages and/or in our emails that allow us to determine whether you have performed specific actions and are further used to track online movements of our users.  In contrast to Cookies, which are stored on your computer’s hard drive, clear gifs are embedded invisibly on web pages.  We do not tie the information gathered by clear gifs to your personally identifiable information.
• Social Media Networks: ShoppingGives allows you to log into the Site via certain social media networks, such as ‘Facebook’, and if you choose to do so you will provide your credentials and we will have access to certain information that you have provided to such social media network. In addition, you have the option to post on social media networks via the Site about your activities on the Site and if you choose to do so then you acknowledge and agree that your friends, followers and subscribers on such social media networks can view such post.  Keep in mind that when you provide information on social media networks, the use, collection and storage of such information is governed by the applicable social media networks’ privacy policy and ShoppingGives shall have no liability whatsoever related to the privacy practices of such social media network.
• Third Party Services: To support the services we provide to you, we may use services hosted by third parties.  The Site may collect information sent by a browser as part of a web page request, including ‘Internet Protocol’ addresses, browser software, and/or clickstream patterns.  If such third party services collect information, they do so anonymously without identifying individual visitors.  However, we may link the information we record using tracking technology to personal information and data we collect.  In addition, we may allow third parties who list services to use Cookies in connection with your use of the Site.  Such third parties may collect and store the same type of information and use it similarly to ShoppingGives, as described herein.
• Cookies: In an effort to be transparent with our data collection practice and the technologies we use to provide the Site, the following explains how we use Cookies:

• Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use Cookies, over which we have no control. These Cookies are likely to be Analytical/Performance Cookies or Targeting Cookies.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data), Nor do we collect any information about criminal convictions and offenses.

How is Your Personal Data Collected?

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together in the following subsections:

• Direct interactions. You may give us your personally identifiable information by filling in forms or by corresponding with us by post, phone, email, online or otherwise. This includes personal data you provide when you (a) sign up for our products or services; (b) complete a form on our Site requesting us to contact you; (c) create an account on our Site; (d) subscribe to our service or publications; (e) request marketing to be sent to you; (f) enter a competition, promotion or survey; and/or (g) provide us with feedback.
• Financial Transactions. You may give us banking and financial information to provide payment to an organization you manage or for a fundraiser you manage through our Site.
• Uploaded Data. You may upload content data on our Site when you use the Site and our services.
• Automated technologies & Interactions. As you interact with our Site, we may automatically collect technical data about your equipment, and Usage Data about your browsing actions and patterns. We collect this data by using Cookies and other similar technologies.
• Third Parties or Publicly Available Sources. We may receive personal data about you from various third parties and public sources, including without limitation (a) technical data from analytics providers, advertising networks and/or search information providers, (b) identity, profile and contact data from publicly available sources and/or (c) identity, profile and contact data from data providers who obtain such data from publicly available sources.

How We Use Your Personal Data

General

We use information collected, as described in this Privacy Policy, to provide you with the Site and/or the information and/or content that you have requested, and, in some cases, to contact you about our products, features and/or other services.  ShoppingGives uses the information we collect through the Site to help us provide the Site and related services, processing transactions, responding to requests for information, sending and receiving communications, providing support services, analyzing data to improve the Site and related services, to personalize any content related to advertisements, to enforce this Privacy Policy and/or Terms and comply with all applicable laws, rules and regulations.  Most commonly, we will use your personal data in the following circumstances:

• Where we need to provide the Site and related services pursuant to the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests, your interests or those of a third party, and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
• When we desire to advertise additional promotions and benefits of our services to you in the event you are a retailer that has elected to sign up under ShoppingGives ‘Change Commerce’ program from a partner retailer website.

Purposes for Which We Will Use Your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your personal data.  We have also identified what our legitimate interests are where appropriate.  Note that we may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your information and/or data.  Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below:

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.  We may use your Identity Data, Contact Data, Technical Data, Usage Data and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.  You will receive marketing communications from us if you have requested information from us and/or purchased products or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.  You will receive marketing communications from organizations you have supported, favorited, and/or made donations to using the ShoppingGives or its ‘Change Commerce’ platforms.  Generally, we do not rely on consent as a legal basis for processing your personal data in relation to sending third party direct marketing communications to you via email and/or text message. You have the right to withdraw consent to marketing at any time by following the opt-out links on marketing messages sent to you or by otherwise contacting us.

Parties with whom we may share your information

Service Providers.  We may share your personally identifiable information as well as information from tools like Cookies, log files, and device identifiers and location data (such as Usage Data, referring/exit pages and URLs, platform types, number of clicks, etc.), with employees, contractors, and/or agents that help ShoppingGives provide the Site and related services to you (collectively, the "Service Providers") and by accessing and/or using the Site and related services you consent to our sharing such information.  Our Service Providers will be given access to your information as is reasonably necessary to provide the Site and related services, including without limitation, for system administration, customer service tools, professional advisers, third party advertising partners and/or third party analysts.  We strive to use commercially acceptable means to protect your personal information.  If Service Providers acquire confidential or proprietary information belonging to ShoppingGives or its customers, such information is required to be handled in confidence and may not be disclosed to unauthorized third parties.  Service Providers who violate our security and safe maintenance of data policies are subject to appropriate discipline including, but not limited to, termination.  We will not share your personally identifiable information in ways unrelated to those described in this Privacy Policy without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated use.  Certain Service Providers will automatically collect non-identifying information about your use of the Site by using Cookies and other technologies as similarly used by ShoppingGives.

Donations.  ShoppingGives and the ‘ShoppingGives Foundation’ has partnered with PayPal Giving Fund, a United States 501(c)(3) charity that raises new funds for charities through technology.  As part of providing the Site and related products and/or services and processing donations, we may disclose personal data, including your name, email address, and physical address (if on file) with our affiliates, partners and charities who are enrolled with ShoppingGives that benefit from your donations and by accessing and/or using the Site and related services you consent to our sharing such information.  We may also provide personal information about you to our third party service providers for the purpose of receiving and processing payments. These third parties are prohibited from using your personal information for any other purpose than what is disclosed in this Privacy Policy. When you use our Site and/or process donations, we may also disclose your name and contact information to the nonprofit organization that you have designated.  Under certain limited circumstances, we may be subject to legal requirements to disclose information collected through our Site and the related PPGF services, and our policy is to comply fully with all such legal requirements. Please note that ShoppingGives may use and disclose non-personal data without restriction. If you do not want us to make such disclosures required by law, or to allow ShoppingGives to use non-personal data without restriction, you must not use the Site and/or related services.

Legal Requirements. ShoppingGives will not disclose your personal information to third parties except as set forth in this Privacy Policy and in the following circumstances (i) to investigate and defend ShoppingGives’ users against any third party claims and/or allegations and/or otherwise to protect ShoppingGives from liability, (ii) to investigate, prevent and/or take action regarding suspected and/or actual illegal activities, (iii) to assist government enforcement agencies, respond to a legal process and/or comply with the law, (iv) to exercise or protect the rights, property and/or personal safety of the users of the Site, (v) to protect the security and/or integrity of the Site and/or (vi) to enforce this Privacy Policy and/or the Terms.

Business Transfers. If we sell or otherwise transfer part or all of ShoppingGives or our assets to another organization (e.g., in the course of a transaction such as a merger, acquisition, bankruptcy, dissolution, liquidation, etc.), your information, such as name and email address, user content and/or any other information collected through the Site, may be among the items sold and/or transferred and by accessing and/or using the Site and related services you consent to our sharing such information.

YOUR INFORMATION CHOICES

Depending on the situation, ShoppingGives may obtain consent to the collection of personal information in different ways. In the event express consent is required, it will be obtained in writing. Implied consent may be obtained through your use of our Site and related services, or when you approach us to obtain information, inquire about or request information from us.  We respect your privacy and give you an opportunity to opt out of receiving announcements of certain information.  Although we think that you benefit from a more personalized experience when we know more about you and what you like, you can limit the information you provide to ShoppingGives, and you can limit the communications that ShoppingGives sends to you.  If you visit the Site and volunteer personally identifiable information, you can opt out of receiving notifications, and you may request changes by contacting us.  Please be aware that we may still email you non-commercial emails related to your transactions through the Site.

Tracking Options and Do Not Track Disclosures.

You can choose to have your computer notify you each time a website places a Cookie on your device, or you can choose to decline Cookies altogether. You may make these adjustments through your browser or operating system settings. Since browsers and operating systems are different, look at your browser’s help menu to learn how to change your tracking settings or Cookie preferences. If you limit tracking or decline Cookies, you will not be able to use the Site.  If you wish to prevent your data from being used by ‘Google Analytics’, ‘Google’ has developed the ‘Google Analytics’ opt-out browser add-on available here.  On your mobile device, you can adjust your privacy and advertising settings to limit your tracking for advertising or control whether you receive more relevant advertising.  Note that our systems may not recognize ‘Do Not Track’ headers or requests from some or all browsers.

YOUR CALIFORNIA PRIVACY RIGHTS

Under California Consumer Privacy Act (“CCPA”), California residents are entitled to receive the right to access and obtain a copy of their personal information.  The CCPA requires businesses to disclose (i) the categories of personal information the business collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for collecting or selling personal information, (iv) the categories of third parties with whom the business shares personal information, and (v) the specific pieces of personal information the business has collected about you.  To obtain such information from ShoppingGives, please send a written request to us at the following address: ShoppingGives, Attn: Legal Department – CCPA Request, 212 W. Van Buren Street, Suite 2N, Chicago, IL, 60607.  ShoppingGives will provide such information within thirty (30) days after ShoppingGives’ receipt of such request.  This request may be made no more than two (2) times per calendar year.  We reserve the right not to respond to requests submitted in ways other than specified above.  The following exceptions may prevail with respect to fulfillment of data access requests (a) ShoppingGives may not provide personal data to you, if management determines that we cannot identify you in our systems because the data we have has been de-identified to the extent that identification is not possible, and/or (b) ShoppingGives may not provide personal data to you if you are involved in a civil or criminal proceeding with ShoppingGives.

Third-Party Links

This Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We are not responsible for the practices employed by any websites and/or services linked to and/or from the Site and do not control these third-party websites. Please remember that when you use a link to go from the Site to another website and/or service, our Privacy Policy does not apply to such third-party websites and/or services. Your browsing and interaction on any third-party website and/or service, including those that have a link on the Site, are subject to such third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your personal information. If you are using a third-party website and/or service and you allow them to access your personal information, you do so at your own risk.  When you leave our Site, we encourage you to read the privacy policy of every website you visit.

Public Forums

Any information you may disclose on our Site, such as in blogs, on message boards, or on other public areas on the Site, becomes public information. Please exercise caution when disclosing personal information in these public areas.  We are not responsible for maintaining the confidentiality of such information.  The Site may also allow you to connect with us on, share on, and use third-party websites, applications and services.  Please be mindful of your personal privacy needs as you choose what to share and make public.  As a reminder, we do not control the privacy practices of third parties, so please contact such third parties to learn more about their privacy practices.

Data security

We use commercially reasonable efforts to secure your personal information from unauthorized access to and/or unauthorized alteration, disclosure and/or destruction and we have implemented technical and organizational security measures to protect the personal data provided via the Site from loss, misuse and unauthorized access, disclosure, alteration or destruction.  We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it, and limit access to such information to only those Service Providers that need to know such information for the purposes of providing access to and/or use of the Site and related services and for purposes of this Privacy Policy.  Your account is protected by password for your privacy and security.  We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. Because the internet is not a completely secure environment, ShoppingGives cannot warrant the security of any information you transmit to ShoppingGives or guarantee that information on the Site may not be accessed, disclosed, altered, and/or destroyed by breach of any of our physical, technical and/or managerial safeguards.  Please do your part to help ShoppingGives.  You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and ShoppingGives, at all times.  Please limit your access to your computer and/or mobile device and/or browser by signing off after you have finished accessing your account.  We are not responsible for the functionality, privacy and/or security measures of any other organization.

Data Retention

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.  To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use and/or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.  In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.  We may retain information (including without limitation your personally identifiable information) for a commercially reasonable time for backup, archival, audit purposes, and/or to comply with legal obligations, resolve disputes and enforce agreements.  In some cases, if you choose not to provide ShoppingGives with requested information, you may not be able to use and/or access all of the Site.

You can request further details of retention periods for different aspects of your personal data by contacting us or reach out to us with any information you'd like deleted or anonymized.

Access to Information

In the event you need to access and/or correct certain information that you have provided to ShoppingGives, you can visit your account settings portion of the Site.  Upon your request in writing, ShoppingGives will provide you with copies of the personal information that we have on file.  If the information is inaccurate, you are required to let us know as soon as reasonably possible so that we can update such information.

What We May Need From You

Additional Information

If you request information from us, we may need to request specific information from you to help us confirm your identity to ensure you have the right to access the personal data (or to exercise any of your other rights related thereto).  This is a security measure to ensure that personal data is not disclosed to a person that does not have the right to receive it.  We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond

We try to respond to all legitimate requests within thirty (30) calendar days from our receipt of written notice. Occasionally, it may take us longer than thirty (30) calendar days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

INJUNCTIVE RELIEF

By using the Site and related services, you acknowledge that monetary damages may not be a sufficient remedy for unauthorized disclosure of information and there is significant potential liability in cases of onward transfers of personal data (including personally identifiable information) and data to third parties and therefore agree that ShoppingGives shall be entitled, without waiving any other rights or remedies, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

LANGUAGE

The governing language of this Privacy Policy is English, which shall prevail over any other languages used in any translated document.

HOW TO CONTACT US

Please contact us with any questions and/or concerns or send such information in writing to:

ShoppingGives, 212 W. Van Buren Street, Suite 2N, Chicago, IL, 60607