myGini Merchant Privacy Policy

(Last Updated June 26, 2020)

myGini, Inc. (“myGini,” “we,” “us,” or “our”) have created this myGini Merchant Privacy Policy (this “Privacy Policy”) in relation to our information collection and use practices on myGini.com (the “Website”), including within our merchant onboarding platform contained therein (our “Platform”). 

Description of Users and Acceptance of Terms

This Privacy Policy applies to visitors to the Website, including merchants on our Platform (“Visitors,” “you,” or “your”).

By accessing our Website, you agree to the terms of this Privacy Policy, which are incorporated by reference into, and made a part of, our Merchant Terms of Use. Defined terms not defined herein shall take their meaning from the Merchant Terms of Use.

The Information We Collect and How We Use It

In the course of operating the Website, we collect or receive the following types of information:

Business Contact Information

We collect certain business contact information through our Platform’s sign-up form and our Contact Us page.

On the Platform, this business contact information includes your first and last name, company name and address, company role/title, email address, merchant category, phone number, billing address, company website, and digital signature (where an authorized signatory of company). This business contact information is in addition to details regarding your company’s offerings (e.g., type of offer, promotion timeline, offer description, and offer terms). 

In addition, as part of the Platform sign-up process, you will create a Merchant Account by submitting your user name and email address and creating a password. 

On the Contact Us page, we collect a more limited amount of business contact information, such as first and last name, email address, company name, and job title, along with whatever message you may provide within the page’s free-text field.

Server Logs

Like most websites, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of such access, including the device’s IP address, user agent string (e.g., operating system and browser type/version), and referral URL (i.e., the external source by which you arrived at our Website or the pages you’ve clicked on while on our Website). We may use these log files for purposes such as assisting in monitoring and troubleshooting errors and incidents, security/fraud detection, analyzing web traffic, or optimizing the user experience.

Cookies

We collect information using “cookie” technology.  Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer will “remember” information about your visit.  We use both 1st and 3rd-party session cookies and persistent cookies.  Below is a general primer on session and persistent cookies; information collected by cookies depends on its particular purpose.  For more information, please see the information regarding analytics providers discussed further below.

Session Cookies: We use session cookies to make it easier for you to navigate our Website.  A session ID cookie expires when you close your browser. Persistent Cookies: A persistent cookie remains on your hard drive for an extended period of time or until you delete them.  You can remove persistent cookies by following directions provided in your web browser’s “help” file.  To the extent we provide a log-in portal or related feature on our Website, persistent cookies can be used to store your passwords so that you don’t have to enter it more than once.  Persistent cookies also enable us to track and target the interests of our Visitors to personalize the experience on our Website or through related email content. In some cases, we may associate information that you have provided to us (e.g., email address) with the cookies that we use. In addition to facilitating the purposes described above, this is useful in understanding your engagement with other content related to our Website (e.g., email open rates, URL clickthroughs).If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device.  Please consult your browser’s documentation for information on how to do this and how to delete persistent cookies.  However, if you decide not to accept cookies from us, certain aspects of the Website may not function properly or as intended.

Third-Party Analytics Providers

We use one or more third–party analytics services, such as Google Analytics, to evaluate your use of the Website by compiling reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, number of links clicked, search terms, and other similar usage data) and analyzing performance metrics. These third parties use cookies and other similar technologies (e.g., pixel tags) to help collect, analyze, and provide us reports or other data.

Aggregate Data

In an ongoing effort to better understand our Visitors and the Website, we might analyze your information in aggregate form to carry out, maintain, manage, and improve operations in connection with the Website.  This aggregate information does not identify you personally.  We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our services and the Website to current and prospective business partners and to other third parties for other lawful purposes.

Business Transfers

In the event of a merger, dissolution, reorganization, or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy.  

Disclosure to Public Authorities and Security

We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements.  We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

Relatedly, we may utilize your personal information for security and fraud detection purposes or as otherwise to comply with applicable laws or to establish, exercise, or defend claims or our rights. 

Sharing with Third Parties

We may also engage other companies and individuals to perform certain business-related functions on our behalf in connection with our Website. Examples may include cloud hosting providers, distributors, technical assistance and security, information technology, database management/back-up services, analytics, digital marketing (e.g., marketing automation), customer relationship management, and customer service. These other companies will have access to your information only as necessary to perform their functions and to the extent permitted by law. We may also share your information with any of our parent companies, subsidiaries, affiliates, or other companies under common control with us in order to support (i) the marketing, sale, or delivery of any products or services and (ii) the other purposes described herein.

Opt-Out for Email Marketing and Certain Other Communications

You may also manage your receipt of marketing communications by clicking on the “Unsubscribe” link located on the bottom of an applicable myGini marketing email and following the instructions found on any page to which the link may take you. In case of opt-out, please allow us a reasonable time to process your request.

You cannot opt out of receiving administrative or transactional e-mails. In all such cases, please allow us a reasonable time to process your request.

How We Protect Your Information

We take commercially reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.  Please understand, however, that no security system is impenetrable.  We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet.

Retention of Personal Information

We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, subsequently authorized, or as allowed under applicable law.

Children

We do not knowingly collect personal information from children under the age of 13 through the Website. If you are under 13, please do not give us any personal information.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information to us.  If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at [email protected] and we will endeavor to delete that information from our databases.

Important Notice to All Non-US Residents

Our servers are located in the US.  If you are located outside of the US, please be aware that any information provided to us, including personal information, will be transferred from your country of origin to the US.  Your decision to provide such data to us, or allow us to collect such data through our Website, constitutes your consent to this data transfer.

Do Not Track

Our Website do not respond to “Do Not Track” settings or other related mechanisms at this time.

Links to External Websites

The Websites may contain links to third-party websites (“External Sites”).  We have no control over the privacy practices or the content of any such External Sites. As such, we are not responsible for the content or the privacy policies of such External Sites. You should check the applicable privacy policy and terms of use when visiting or submitting any information through such External Sites.

Changes to This Privacy Policy

This Privacy Policy is effective as of the ‘Last Updated’ date stated at the top of this Privacy Policy. As this Privacy Policy is part of our Merchant Terms of Use, please see our Merchant Terms of Use in relation to modifications of this Privacy Policy.  Please be aware that our use of your information is governed by the Privacy Policy in current effect. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please e-mail us at [email protected] with “Privacy Policy” in the subject line.