Privacy & Cookie Policy
This Privacy Policy describes how your personal information is collected, used, and shared ("Processed”) when you visit or make a purchase from giftsbyyou.com (“the Site”). Gifts By you (“GBY”)respects your privacy and will take reasonable measures to protect it and will implement and operate all reasonable information security controls in order to protect and preserve the confidentiality, integrity and accessibility of all personal information and the risks relating thereto. This Privacy Policy is subject to change from time to time to inter alia comply with changes to any applicable laws, to provide for new methods of operation, to rectify any mistake that may be discovered or for any other reason that GBY may, in its sole discretion, deem reasonable. You are required to check this Privacy Statement often.
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1. COOKIES WE PROCESS
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1.1. Cookies are small text files that are placed on your device when you visit the Site. These files contain a personal identifier allowing the Site to associate your personal data with a certain device.​
1.2. The purpose of cookies is to grant you with access to restricted content, to tailor the Site’s functionality to your preferences, location or device type, to improve the performance of the Site, to tailor content most relevant to you, to allow third parties to provide services to the Site and to help GBY deliver interest-based advertising in compliance with applicable laws.
1.3. Some cookies are placed on the Site by GBY and some are placed on the Site by third-party plugins, suppliers or advertisers. Cookies are deleted at the end of the browsing session or after a pre-determined amounts of time or the remain on the device until deleted.
1.4. The types of cookies on the Site are:
1.4.1. Essential Cookies – used to ensure the performance of essential functions of the Site;
1.4.2. Site Analytics Cookies – used to monitor how the Site is performing and how you interact with the Site. These cookies are used to improve the Site and services;
1.4.3. Functional Cookies – used to remember that you are a user of the Site and to remember your preferences selected on the Site such as username and password or settings.
1.5. When you visit the Site, GBY automatically collects certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
1.6. GBY collects Device Information using the following technologies:
1.6.1. “Cookies” as per the above.
1.6.2. “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
1.6.3. “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
1.7. You can change your cookie preferences in settings. Deleting or no longer accepting cookies may prevent you from accessing certain aspects of the Site where cookies are necessary.
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2. PERSONAL INFORMATION WE PROCESS
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2.1. When you make a purchase on or offline, or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers or other payment details, email address, and phone number.) We refer to this information as “Order Information.”
2.2. Personal Information refers to both Device Information and Order Information.
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3. HOW YOUR PERSONAL INFORMATION IS USED
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3.1. The Order Information is used to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, this Order Information is used to:
3.1.1 Communicate with you;
3.1.2. Screen our orders for potential risk or fraud; and
3.1.3. When in line with the preferences you have shared with GBY, provide you with information or advertising relating to our products or services.
3.2. Device Information is used to help GBY screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize the Site (for example, by generating analytics about how customers browse and interact with the Site, and to assess the success of marketing and advertising campaigns). On occasion GBY may use this data for advertising or retargeting campaigns.
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3.3. By providing GBY with Personal Information, you give your express consent that your Personal Information may be processed for the purposes for which it was collected and, if applicable, the transfer thereof to the Third Parties.
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3.4. When Processing and/or storage of Personal Information, GBY will:
3.4.1. take appropriate technical and organisational measures to ensure that your Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
3.4.2. promptly notify you if it becomes aware of any unauthorised use, disclosure or processing of your Personal Information;
3.4.3. provide you with reasonable evidence of its compliance with its obligations under this Privacy Policy on reasonable notice and request; and
3.4.4. upon your request, promptly return or destroy any and all of your Personal Information in its possession or control.
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4. ​SHARING YOUR PERSONAL INFORMATION
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4.1. Gifts By You shares your Personal Information with third parties to help use your Personal Information, as described above. For example, GBY uses WIX.com to power the online store. (You can read more about how WIX uses Personal Information at: https://www.wix.com/about/privacy). GBY also uses Google Analytics to help us understand how customers use the Site. (You can read more about how Google uses Personal Information at: https://www.google.com/intl/en/policies/privacy/). You can also opt-out of Google Analytics at: https://tools.google.com/dlpage/gaoptout.
4.2. Sharing of Personal Information occurs when:
4.2.1 the Personal Information is provided to GBY’s suppliers and/or partners, provided that such third parties are subject to data protection laws, which provide an adequate level of protection in relation to the processing and use of Personal Information;
4.2.2. you interact with GBY online. Certain types of personal data is received and stored through the use of cookies and tracking technologies as detailed above;
4.2.3. Personal Information is collected from third parties where GBY operates accounts on such as Facebook and Google. Please note that GBY does not have control over social media interfaces and cannot be held liable for any processing of Personal Information transmitted via social media plugins;
4.2.4. you have consented to the disclosure;
4.2.5. it is required in order to provide the services which you have requested;
4.2.6. it is required in terms of law or a court order;
4.2.7. it is necessary to enforce and/or apply the terms and conditions of an agreement which GBY entered into with a merchant and/or other third party;
4.2.8. it is necessary to protect the rights, property or safety of GBY, its employees, users and/or customers.
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4.3. As described above, GBY uses your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You can opt out of targeted advertising by accessing your settings page on your social media and Google accounts.
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4.4. Additionally, you may be able to opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
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5. DO NOT TRACK
5.1. Please note that we do not alter the Site’s data collection and use practices when we see a Do Not Track signal from your browser.
5.2. You have the right to access Personal Information we hold about you and to ask that your Personal Information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
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5.3. Additionally, if you are a European resident please note that GBY is Processing your Personal Information in order to fulfill contracts GBY might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your Personal Information will be transferred outside of Europe, including to Canada and the United States.
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6. DATA RETENTION
6.1. When you place an order through the Site, GBY will maintain your Order Information for its records unless and until you ask GBY to delete this information.
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6.2. Gifts By You will:
6.2.1. treat your Personal Information as strictly confidential;
6.2.2. automatically collect and store certain information in its server logs, such as web clicks, internet protocol addresses, device event information, cookies which may uniquely identify your browser or your account with GBY.
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7. CHANGES TO PERSONAL INFORMATION
You are required to updated your Personal Information through the online portal or by notifying GBY’s Information Officer.
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8. MINORS
8.1. The Site is not intended for individuals under the age of 18 years.
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8.2. Accordingly, GBY does not and will not knowingly collect, store, disclose or otherwise process Personal Information from minors (unemancipated persons below the age of 18), without the permission of such minor’s parents or legal guardians.
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9. CONTACT
9.1. Where appropriate and required, you may be deemed to have consented to the use and Processing of your Personal Information, as a result of providing it to GBY or GBY will request that you provide your consent to use and Process your Personal Information and in circumstances where you are deemed to or have provided your consent, you have the right to withdraw your consent and/or object to any collection, Processing and/or collection of your Personal Information at any time by notifying the Information Officer at emma@giftsbyyou.com.
9.2. You have the right to lodge a complaint regarding any collection, Processing and/or collection of your Personal Information to the Information Regulator, the contact details of which are as follows:
Physical Address:
33 Hoofd Street
Forum III
​3rd Floor Braampark
​Braamfontein
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Email address:
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