PRIVACY POLICY

Last Updated: July 31, 2024

This Privacy Policy describes the privacy practices of Elfster, Inc. ("Elfster", "we", "us ", or "our"), and how we handle personal information that we collect through and in connection with our website at https://www.elfster.com, our applications, and any other website or service that we own or control and that links to this Privacy Policy (collectively, the "Service" or "Services "). This Policy applies to our website visitors, users of our applications, business contacts, and other individuals who interact with us.

Please see our Privacy Snapshot below for a high-level overview of our privacy practices.

Personal Information We Collect

We collect the following categories of personal information about you:

• Contact information, such as your first and last name, email and mailing addresses, and birthday. You may also provide contact information of your friends or other contacts when you invite them to join Elfster.
• Account information, such as the username and password you use to access our Services.
• Communications that we exchange with you, including when you contact us with questions, feedback, or otherwise.
• Wishlist details, such as notes and preferences regarding items and sizing added to wishlists you create or contribute to.
• Marketing information such as your preferences for receiving our marketing communications and details about your engagement with them.
• Other information not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Where you provide us with the personal information of third parties, such as your friends or other contacts, it is your responsibility to inform them about the processing of their personal information in accordance with this Privacy Policy, and to confirm that they have given their permission.

• Device data, including your computer's or mobile device's operating system type and version, manufacturer and model, browser type, screen resolution, device type (e.g., phone, tablet), IP address, unique identifiers, language settings, and general location information such as city, state, or geographic area.
• Usage data, including pages, screens and/or features you viewed, accessed and/or used, how long you spent on a page, screen and/or feature, the website you visited before browsing to the Services, navigation paths between pages or screens, information about your activity on a page, screen and/or feature, access times, duration of access, and whether you have opened or otherwise engaged with our communications, such as our marketing emails, or clicked links or files within them.

• Cookies, which are text files that websites store on a visitor's device to uniquely identify the visitor's browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns.
• Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
• Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

• Third-party login information. When you link, connect, or log in to our Services with a third-party service (e.g., Google or Facebook), you may direct the service to send us information controlled by that service or as authorized by you via your privacy settings on that service.
• Social media. We may maintain pages on social media platforms, such as LinkedIn, Instagram, and other third-party platforms. When you visit or interact with our pages on those platforms, you or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.
• Other sources. We may obtain personal information from other third parties, such as marketing partners, publicly-available sources, and data providers.

How We Use Personal Information

We use personal information for the following purposes or as otherwise described at the time of collection:

• Administering, hosting, and operating our Services;
• Communicating with you and responding to any inquiries you may have; and
• Analyzing your use of our Services to allow us to evaluate and improve the Services.

For research, development, benchmarking, and improving our Services. We may use personal information to analyze and improve the Services, identify trends, and operate and expand our business activities. We may also create aggregated, anonymized, or other de-identified statistics, which we may use for lawful business purposes, including for analytics, forecasting, and strategic planning.

• Email. We or our advertising partners may from time-to-time send you direct marketing emails as permitted by law, including, but not limited to, notifying you of special promotions, offers and events via email. You may opt out of our marketing emails as described in the "Opt out of marketing communications" section below.
• Text message. We may send you text messages to invite you to the Service or notify you about special offers or opportunities. If you would like more information about our do-not-call policy, or how to opt out, please review the "Opt out of marketing communications" section below. You may be liable for standard SMS and per-minute charges by your mobile carrier.
• Interest-based advertising. We engage our advertising partners, including third party advertising companies and social media companies, to display ads around the web. These companies may use cookies and similar technologies to collect information about your interaction over time across our Services, our communications, and other online services, and use that information to serve online ads that they think will interest you. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the "Online tracking opt-out" section below.

For compliance and protection. We may use personal information to comply with legal obligations, including to enforce any applicable terms and conditions, defend against legal claims or disputes, protect the security and integrity of our Services, and identify and investigate fraudulent, harmful, unauthorized, unethical or illegal activity.

How We Disclose Personal Information

We may disclose personal information to the following individuals or entities and as otherwise described in this Privacy Policy or at the time of collection:

Other Elfster users. Other users, such as other wishlist creators who may choose to follow you or a specific wishlist that you set as public. If your account is discoverable, other Elfster users may see basic information including your name, wishes, and birthday, if you have provided it. You may exclude your account from being discoverable via the "Privacy Settings" within your "profile settings". Similarly, you can modify the discoverability of your wishlists within "wishlist settings".

Elfster users within your Elfster family. To make wishing, shopping, and gift exchange fun and social, we offer the ability to link existing accounts or create new accounts associated under an existing account, which we call "families". The managing account is designated as the "Family Admin". If you have a linked account under a Family Admin, we share all account information to allow the Family Admin to manage the account for you.

Service providers. Companies and individuals that provide services on our behalf or help us operate the Services or our business (such as hosting, information technology, customer support, email delivery, and analytics services).

Third-party business partners. Third-party companies from which you may purchase products directly from after being redirected from the Services.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees. Acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, our business (including, in connection with a bankruptcy or similar proceedings)

Your Privacy Rights and Choices

Access or update your information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

Opt out of marketing communications. You may opt out of marketing-related communications – both emails and texts - by following the opt-out or unsubscribe instructions in the communications you receive from us or by contacting us as provided in the "How to Contact Us" section below. You may continue to receive Services-related and other non-marketing communications.

• Information about how we have collected and used personal information. We have made this information available to you without having to request it by including it in this Privacy Policy.
• Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.
• Correction of personal information that is inaccurate or out of date.
• Deletion of personal information that we no longer need to provide the Services or for other lawful purposes.
• Opt out of the sharing of your personal information or use of your information for interest-based advertising. We share information with third-party advertising partners as described in the "How we use personal information" and "How we disclose personal information" sections above. Our disclosure of information to these partners may be considered a "sale" or "sharing" of personal information or "targeted advertising" under applicable laws. You can opt out of these disclosures and limit our use of tracking technologies as described below or by clicking the "Do Not Sell or Share My Personal Information" link on the footer of our website or in our mobile applications.
• Opt out of "profiling" in connection with decisions that produce legal or similarly significant effects. We do not engage in profiling in connection with decisions that produce legal or similarly significant effects.
• Appeal our denial of your personal information request by contacting us as set out in the "How to Contact Us" section below.

To make a request, please email us or write to us as provided in the "How to Contact Us" section below. We may ask for specific information from you to help us confirm your identity. You are entitled to exercise the rights described above free from discrimination.

Limits on your privacy rights and choices. In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the "How to Contact Us" section below.

• Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Using privacy plug-ins or browsers. You can block our Services from setting cookies by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin, and configuring them to block cookies/trackers.
• Google Analytics. We use Google Analytics to help us better understand how people engage with our Services by collecting information and creating reports about how users use our Services. For more information on Google Analytics, click here. For more information about Google's privacy practices, click here. You can opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
• Platform opt-outs. The following advertising partners offer opt-out features that let you opt out of use of your information for interest-based advertising:
  • Google
  • Facebook
  • LinkedIn
  • Microsoft
• Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:
  • Digital Advertising Alliance
  • Network Advertising Initiative

Do Not Track. Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

Other Sites and Services

Our Services may contain links to websites and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites or online services operated by third parties, and we are not responsible for their actions. This Privacy Policy does not apply to such third-party sites or services.

Security

We use reasonable organizational, technical, and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration, and destruction of personal information we maintain. Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee the security of personal information.

Retention of Personal Information

Where required under applicable laws, we retain personal information only for as long as is necessary to fulfil the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws and regulatory obligations.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information, the purposes for which we use personal information and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements.

Children's Privacy

Our Services are not intended for use by children under 13 years of age. If we learn that we have collected personal information through our Services from a child under 13 without the consent of the child's parent or guardian as required by law, we will delete it.

Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. Where we do so, we will update the date of this Privacy Policy and post it on the Services. If we make material changes to this Privacy Policy, we will let you know.

How to Contact Us

Contact us. If you have any questions or comments about this Privacy Policy, our privacy practices, or if you would like to exercise your rights with respect to your personal information, please email us at [email protected] or write to us at:

Privacy Snapshot

Below is a high-level snapshot of how we collect, use, and disclose your personal information when you use the Service, but you need to read the entire Privacy Policy for complete information.

*As described further in our Privacy Policy, we may disclose all categories of personal information with our service providers, affiliates, and professional advisors for the purposes described in the Privacy Policy. We also may disclose personal information with authorities and others for legal and compliance purposes, and with business transferees in the context of an acquisition or the sale of our business or another corporate transaction.