SMARTGIFT™
Gift recipient gets notified instantly and reveals the surprise gift online.
Gift recipient can make it a perfect fit.
You will be notified with a payment link to Cole Haan's site once the recipient has chosen the perfect item.
NEW YORK, NY, LAST UPDATED MAY 25, 2018
We reserve the right to change our Privacy Policy and other terms stated below at any time. If changes occur, we will clearly indicate such alterations at the top of this page with the date of modification. If you do not agree to this Privacy Policy and the other terms stated below, please do not use any of our services and let us know about your concerns. Smartgift, Inc. provides its smart gifting services for Cole Haan and reserves all rights to its proprietary workflow. If we are acquired by or merged with a third-party entity, we reserve the right to transfer or assign the data we collected from you to the third-party entity. You can find our address at the bottom of the document. Below, you can find our Privacy Policy and Terms of Service.
Your privacy is important to us. To be transparent about privacy, we explain in this notice the practices of Smartgift, Inc. regarding the way your information, including personal data, is collected, used, shared, and the choices you have as an individual about our use of this data. When we act as a data processor on behalf of another controller, we collect, use, and disclose certain personal data only under the controller’s instruction, and their privacy policy will apply to how they (and we on their behalf) process your personal data. The Privacy Policy applies to all services and all sites of the smartgiftit.com, shopsmartgift.com, and smartgiftguides.com root domains.
We usually appear on a site owned by a third party (like a brand partner or handle on a social media site) or link to a third-party site. When we do, that third party’s privacy policies and terms of use, not ours, will apply unless you are told otherwise.
In brief: If you use our services, we will collect personal information about you.
We collect information before, during or after you send, accept or purchase a gift or if you contact our customer support. For example, we collect information when you choose or accept a gift or fill out a form. The types of information we collect includes your name, email address, postal mailing address, and phone number. We collect information about the gift such as which product you are giving or accepting, any selected options such as sizes and colors and its price. We also collect information about where you are in the gifting process, such as which steps you have or have not completed to send, buy or accept a gift.
We log information about the type of browser you use, access times, pages viewed, your IP address, your location and the page you visited before navigating to our services. We collect information about the device you use to access our services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
When you submit online forms, participate in surveys, contests, promotions, or sweepstakes, join online chat discussions, request customer support, submit testimonials, gift messages, thank-you notes, we collect information you choose to share. Any information you provide in these areas may be read, collected, and used by others who access them. To request removal of this information, contact us at privacy@smartgiftit.com. If we are unable to remove your information, we will let you know why.
We may display personal testimonials of satisfied customers on some of our sites and in online and print advertisements. With your consent, we may use your testimonial and your name. If you wish to update or delete your testimonial, you can contact us at privacy@smartgiftit.com.
In brief: We use your personal data to provide you with high-quality services. Your privacy is our priority. So, we would not use your data for unlawful purposes.
We log your IP address for administration purposes and broad demographic analysis, but we do not link this information to any personally identifiable information. For analytical purposes, we track the number of visits from the same IP address.
We use your name, email address and phone number to communicate with you during or after you send, buy or accept a gift or if you contact our customer support. We use the postal mailing address provided by gift recipients solely to facilitate the physical delivery of a chosen gift. We may send you promotional emails and deliver our newsletter to you. If you would like to stop receiving promotional emails from us, please send an email to support@smartgift.it with the word “Unsubscribe” in the subject line.
| Purposes of Use (See Above) | Legal Bases of Processing (EU Users) |
|---|---|
| To provide our services and customer care |
|
| For personalization marketing, advertising and referrals |
|
| For analytics and improvements to our services |
|
| To protect our rights, prevent misuse and comply with legal obligations |
|
| To perform general business operations |
|
*For personal data from the EU that we process, this column describes the relevant legal bases for such processing under GDPR (and local implementing laws of EU member states); this does not limit or modify the obligations, rights and requirements under the privacy laws of non-EU jurisdictions.
** For personal data from the EU, the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. We only market to EU consumers following opt-in consent.
In brief: We share some of your personal data with others in order to provide you with our services. Don’t worry. We would not sell your data or give it to spammers.
If you send, buy and accept gifts through our services, we will share the personal data collected by us with Cole Haan. Cole Haan may use your personal data to send you promotional materials. Before sending, buying and accepting gifts through our services, please make sure that you have read the privacy policies of Cole Haan.
In brief: If you would like to access, modify, or delete your personal data, just contact us.
We allow you to access, modify, or delete the personal data collected by us. If you would like to do so, please contact us at privacy@smartgiftit.com.
In brief: If you use our services, you agree with this Privacy Policy.
By using our services, you allow us to collect, delete, use, and share your personal data in accordance with this Privacy Policy.
In brief: We keep your personal data only until it is needed for the provision of our services or required by law.
We will retain your information for as long as needed to provide you services and up to a period of no longer than seven years thereafter. If you ask to delete your information, to the extent permitted by applicable law, we may retain and use your personal data only as necessary to comply with our legal obligations.
In brief: We do a lot to make our services as secure as possible.
We are committed to protecting your information and your personal data. Our databases are encrypted at rest and in transit and our servers are protected and only employees and a limited number of contractors of Smartgift, Inc. can access the data we temporarily store as we mentioned above.
In brief: These cookies you can’t eat.
We send cookies to your computer or mobile device. Cookies are small data files stored in device memory that help us improve our services and your experience, see which areas and features of our services are popular and count visits. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our services. These persistent cookies can be removed, but each web browser is a little different. If you prefer not to use cookies at all, we recommend adjusting your browser settings accordingly. If you are unsure how to do that, use your favorite search engine to find out everything about it or visit aboutcookies.org. For detailed information about the cookies in the services, please read and review our cookie policy. However, if you elect not to accept cookies, your use of the features on our sites may be limited or impaired, and you may not be able to access certain features of our sites at all.
We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.
We also use automated devices and applications, such as Google Analytics (more info here ) to evaluate use of our services. We use these tools to gather non-personal data about users to help us improve our services and user experiences. These analytics providers may use cookies and other technologies to perform their services, and may combine the information they collect about you on our sites with other information they have collected for their own purposes. This Privacy Policy does not cover such uses of data by third parties.
We partner with third party ad networks to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you personalized advertising based upon your browsing activities and interests.
If you wish to not have this cross-site information used for the purpose of serving you targeted ads, you may opt-out of many ad networks by clicking here (or if located in the European Union, click here ). You will continue to receive ads on the sites you visit, but the ad networks from which you have opted out will no longer target ads to you based upon your activities on other sites. Please note, however, that these opt-out mechanisms are cookie based; so, if you delete cookies, block cookies or use another device, your opt-out will no longer be effective. For more information, go to www.aboutads.info.
For more information about and to opt out of interest based ads from many ad networks, see our cookie policy. Note, if you delete cookies or change devices, your opt out may no longer be effective.
In brief: You might not like sharing or liking us.
We know that you like to click on “Share” and “Like” buttons. Therefore, our services feature “Share” and “Like” buttons from Facebook, Twitter, Instagram and Pinterest. However, these “Share” and “Like” buttons may track users. Before using our services, please make sure that you are familiar with the privacy policies of Facebook, Twitter, Instagram and Pinterest.
Some of our services may offer you the ability to upload your own image to be used to create a personalized product. You should be aware that any information you provide may be read, collected and used by others who access them. You may request removal of your information at any time. To request removal of your personal data from these public forums, please email us at privacy@smartgiftit.com or contact us by postal mail at the contact information listed below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
If you subscribe to our newsletters, we will use your name and email address to send them to you. You may choose to stop receiving our newsletter or marketing emails at any time by following the unsubscribe instructions included in these emails or by contacting us at privacy@smartgiftit.com.
Upon your request we will provide you with information about whether we hold any of your personal data. You may access, correct, update, amend, remove, ask to have it removed by emailing us at privacy@smartgiftit.com or by contacting us by postal mail at the contact information listed below at any time. We will endeavor to respond to your request within a reasonable time.
You may contact us as set forth below to access or amend your personal data, to request that we rectify, delete or stop processing your personal data, to withdraw your consent to our processing, and, if you are an EEA resident, to exercise your opt-out rights or place a data portability request. We do not charge for these services but do require evidence of your identity. Once we have received evidence of your identity we will commence fulfillment of your request and respond within no more than thirty (30) days.
Where we are acting as a data processor, we will direct individuals who seek access, or to correct, amend, or delete inaccurate data, to direct their query to our partner or client who has the direct relationship (the data controller).
EU individuals have the following rights (when we are acting as a processor, individuals must exercise these rights with the data controller):
You have the right to access your personal data held by us. You may do so by sending an email to privacy@smartgiftit.com. In addition, you may also have the right to request that certain personal data be exported to another provider where technically feasible, and under certain conditions to object to or restrict our use of certain personal data.
Where we process your personal data on the basis of your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
You have the right to object to processing (including profiling) based on legitimate interest grounds, where we are relying upon legitimate interests to process personal information. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defense of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
You have the right to object to our use of your personal information (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.
You have the right to lodge a complaint with a supervisory authority.
Any requests in relation to your rights should be directed to privacy@smartgiftit.com (or at the contact us information shown below). Please keep in mind that certain services will not be available if you withdraw your consent, or otherwise delete or object to our processing of certain personal data. We will respond to your request in accordance with applicable law, and we will inform you if we do not intend to comply with your request.
Our sites are not directed to children and we do not knowingly collect information from children under 16, and we request that such individuals do not provide personal data through our sites.
If you live in the European Economic Area ("EEA") or in Canada, the data that we collect from you may be transferred to, or accessed in, and stored at a location outside the EEA and Canada that may not provide equivalent levels of data protection as your home jurisdiction. When we store personal data outside the EEU, the data will be stored in the United States. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms and/or data transfer agreements, by putting in place standard contractual clauses as approved by the European Commission (the form for the standard contractual clauses can be found here: EU Commission Standard Contractual Clauses ) or where there is an adequacy decision by the EU Commission. It may also be processed by staff operating outside the EEA and Canada who work for us or for one of our service providers. Among other things, such staff may process and store your information and provide support services. By submitting your personal data, you agree to this transfer, storing or processing. We will ensure that your personal data is treated securely and in accordance with this Privacy Policy.
If you have any questions or concerns regarding the way in which your personal data is being processed or you want to exercise your rights above, please reach out to us using the contact information below:
Chief Privacy Officer
Smartgift, Inc.
30 John Street
Brooklyn, NY 11201
privacy@smartgiftit.com
Where we act as joint controllers with our affiliates, please contact us and we will work with our affiliates to properly respond to your inquiry or request.
This section governs the services offered on smartgiftit.com, shopsmartgift.com, and smartgiftguides.com root domains.
In brief: You must be at least 16 years old to access and use our services.
If you are between the ages of 16 and 18 years old, you may use and access our services only under the supervision of your parent or guardian who has agreed to be bound by these terms.
In brief: We offer high-quality services that make it easy for you to send a great gift and for recipients to make it a perfect gift.
If you would like to send a gift using our services, you can do so on the site of a participating merchant or on gift guides hosted by us. A call to action button labeled “Gift This Item” or “SmartGift This Item” or a similar label will launch our sending experience. After providing the recipient’s name or nickname, and your name, phone number and email address, you will receive a unique shareable link that displays the digitally wrapped gift on our site.
It is your responsibility to share the link to the gift with the recipient using any means you like including text, WhatsApp, messenger, email or simply writing it down on a piece of paper and handing it over.
After the recipient clicked the unique link, the gift displays digitally wrapped on our site. The recipient can reveal the gift through a digital scratch wrap. The recipient can then select options such as their preferred size or color, if applicable, or swap for a similarly-priced item.
To accept the gift, the recipient must enter their shipping information including their name, email address, phone number and their postal mailing address.
We collect the personal information provided by the recipient and send it to you by email and text along with the details of their chosen gift and a link to the participating merchant’s site, so that you can purchase the chosen gift and have it delivered to the recipient.
In brief: We are doing our best to provide a great experience to gift givers and recipients, but there are situations outside our control which could interfere with a seamless experience.
We are not responsible for incorrect shipping information provided by the recipient of a gift or for errors made by the gift giver when entering shipping information on the merchant partner’s site during the purchase of the chosen product.
Gift givers are solely responsible for delivering the unique link to the gift to the gift recipient. Gift givers should receive a text message and email notification when the recipient has opened and accepted the gift.
Even though our gift giving and receiving experience is seamless and fast, it is possible that a product that a gift giver intended to give or a product that a gift recipient has accepted is no longer available on a merchant partner’s site or that the price of the item has changed. We do not guarantee availability or price of items given or accepted using our services. The price and availability of any item are determined at the time the gift giver makes the actual purchase of the desired item on the merchant partner’s site.
Since gift givers purchase the item chosen by the recipient on the merchant partner’s site, the merchant partner’s terms and conditions and privacy policies apply. It is the gift givers responsibility to provide accurate shipping information and to pay for shipping costs and taxes. Please refer to the merchant partner’s terms and conditions for defect products, returns, refunds and cancellations.
In brief: Be nice and respect our proprietary technology as well as the rights and freedom of its users.
We reserve all rights not expressly granted in these terms. Except for the license in these terms below, you are not granted any rights in or to our services by implication, estoppel, or other legal theory, and all rights in and to our services not expressly granted in these terms are hereby reserved and retained by us. All information, materials, and content including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content is owned by us or our licensees. Our material is protected in all forms, media, and technologies now known or later developed.
Subject to these terms, we grant you a non-exclusive, non-transferable, revocable license to use our services. This license will govern any upgrades provided by us that replace or supplement the original service, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. We reserve the right to terminate such license at any time and for any or no reason.
You are solely responsible for your conduct (and the conduct of anyone who uses our services on your behalf or with your permission in connection with gifts you have sent, received or accepted) with respect to our services, which you use at your own risk. Except as expressly permitted in writing by us, you will not do, and will not permit any third party to do, any of the following in connection with our services:
If you violate any of the foregoing restrictions, your right to use our services will stop immediately and automatically, and you will have infringed our copyright and other rights, which may subject you to prosecution and damages.
In brief: You are using our services at your sole risk.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, OUR SERVICES, GIFTS THAT ARE BEING SENT, RECEIVED AND ACCEPTED USING OUR SERVICES, OUR MERCHANT PARTNERS, ALL OUR MATERIAL, AND THIRD PARTY TRADEMARKS WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN OUR SERVICES WILL BE CORRECTED.
In brief: You will defend, indemnify and hold us harmless from and against suits and damages arising from the use of our services.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to our services or your violation (or alleged violation) of these terms or the rights of any third party.
In brief: To the extent not prohibited by law we are not liable for damages arising from the use of our services.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, OUR SERVICES, GIFTS THAT ARE BEING SENT, RECEIVED AND ACCEPTED USING OUR SERVICES, OUR MERCHANT PARTNERS, ALL OUR MATERIAL, AND THIRD PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In brief: Please read the following provisions carefully because they require you and us to arbitrate disputes and limits the way you and us can seek relief.
You and us will arbitrate any dispute, claim, or controversy arising from or related to these terms, except that neither you nor us are required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND US FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and us will notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration. Arbitration will be conducted confidentially in the state of New York by a single arbitrator. Except as expressly provided in these terms, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATION, AND NEITHER YOU NOR US will commence against the other a class action, class ARBITRATION, or other representative action or proceeding.
You can choose to reject this agreement to arbitrate by sending us a written opt-out notice to info@smartgift.it within 30 days after the date you accept these terms for the first time. The opt-out notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of these terms will continue to apply.
In brief: You and us hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the state of New York.
The courts of the state of New York and the United States District Court for the Eastern District of New York will have exclusive jurisdiction over any suit in connection with the services or these terms that are not subject to arbitration, and you and us hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These terms and your access to or use of our services will be governed by, construed in accordance with, and enforced under the laws of the state of New York, without resort to its conflict of law provisions.
Once you select a gift, you will be shown a link that you forward to the gift recipient. You will also receive the link by email, so you can send it a later date. When you are ready, send the link by WhatsApp, text, email, Facebook private message or paste it into any social or chat app.
When the recipient taps the link, the gift opens on our store's site where they untie a ribbon and open the wrap to see the gift. Recipients can then choose their preferences such as size/color, if applicable, or swap the gift for a similarly-priced item.
Once the recipient has chosen their perfect gift, we'll send you an email notification with a purchase link to a merchant site. Tap the button, select the recipient's gift preferences such as size/color, enter their shipping info, and complete the purchase.
Yes, gifts can be returned in accordance with the return & exchange policies of the store where you complete the gift purchase. Please refer to these policies for more information.
If the item is not available at the time the recipient redeems the gift, they can choose from a range of other great gifts.
The price and availability of the originally-suggested gift are subject to price changes on the fulfilling merchant's site. Thus the price of a gift could decrease or increase by the time the recipient has chosen their perfect gift.
For technical support contact SmartGift at support@smartgiftit.com or toll-free at (855)-856-GIFT / option 2 Monday - Friday, 10:00am - 5:00pm EST.