CardSnacks’ Privacy Policy

CardSnacks’ Privacy Policy

 

Summary

Welcome to CardSnacks. We understand you value your privacy and we share in that concern. We

want your CardSnacks experience to be both satisfying and safe.

 

By using CardSnacks’ Services (defined below), you agree to be bound by the full terms and conditions set forth in the Privacy Policy below (“Privacy Policy”). If you do not agree to the full terms of the Privacy Policy, you may not use CardSnacks’ Services including, but not limited to, its website at and our mobile applications. For information about your obligations and use of CardSnacks’ multimedia design services and distribution of digital greeting cards, please see our Terms of Use Agreement. For your convenience, below is a summary of CardSnacks’ Privacy Policy.

 

We may use your email address and mobile phone number, without further consent, for

administrative communications such as notifying you of CardSnacks Service updates, for

customer service purposes, to send privacy or security related notices, or for our marketing purposes.  However, we will not sell or otherwise give your email address or mobile phone number to other companies for them to market to you without your permission.

 

We may use information and data that we collect to enrich your experience with CardSnacks’

Services such as information that you post in our community and through our social networking

features.

 

We track information about the photos, GIFs, songs, videos, and content that appears in our

Services as well as your preferences, and the information you provide about yourself, to

personalize and improve your CardSnacks experience through suggestions of additional content

that you may enjoy, as well as advertisements and social networking features.

 

We may have to collect information and data if your actions require third-parties to provide

specialized services, such as credit card processing, sweepstakes management and prize

fulfillment, data processing, customer/support services and other products or services that we

choose to make available to our Users (defined below).

 

THIS SUMMARY IS NOT THE COMPLETE PRIVACY POLICY, SO PLEASE READ THE FULL PRIVACY POLICY CAREFULLY BEFORE USING THE WEBSITE OR ANY OF CARDSNACKS’ SERVICES.

 

* * * * *

MOBIGRAM LLC

PRIVACY POLICY

(EFFECTIVE AS OF [11/1/20)

PLEASE READ CAREFULLY

 

1. Welcome. Welcome to CardSnacks (“CardSnacks”), which owned, produced, and operated by

Mobigram LLC. This Privacy Policy is effective as of November 1, 2020 for Mobigram LLC and its subsidiaries (“CardSnacks,” “we,” “us,” or “our”). This Privacy Policy describes CardSnacks’ policies and procedures related to the collection, use and disclosure of your information on (the “Site”) and the services, features, content, or applications we offer (collectively with the Site, the “Services”

We receive information about you from various sources, including: (i) your use of the Services generally; and (ii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure, and other uses of your information as described in this Privacy Policy.  It does not apply to users located in the European Economic Area.  Users located in the European Economic Area should consult this policy  instead.

 

2. Scope. This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) gathered when you are using or accessing the Services. Personal Information is defined under this Policy to include such information as, but not limited to, your name, email address, date of birth, and IP address. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners. Among other things, CardSnacks also allows individuals, age 13 and older, to access and use the site (“Users”), to post information regarding themselves as well as content owned and/or created by them. CardSnacks’ registered and unregistered Users may view another registered User’s profile (“Profile”), communicate with each other, share photos, post journals and comments, and describe their interests (unregistered Users may have limited or no access to certain functions).

 

This Privacy Policy applies to the operations for any current, updated, and new products, services, native application programs (“Applications” or “Apps”), platforms, websites, or other affiliated ventures offered, controlled, owned or operated by Mobigram LLC including, but not limited to Internet websites, applications, supported mobile devices, consumer electronics devices, devices connected to or installed in an automobile, automotive sound systems and other mechanisms (collectively “CardSnacks’ Services”).

 

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third-party websites, services, and applications (“Third Party Services”) that you elect to access through the Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third-Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third-Party Services. We encourage you to carefully review the privacy policies of any Third- Party Services you access.

 

3.Consent. Please note that by accessing or using CardSnacks’ Services, you agree to be bound by this Privacy Policy and CardSnacks’ Terms of Use Agreement (the “Agreement”), whether or not you are a registered or unregistered User and consent to the collection and processing of your personal information as described in this Privacy Policy. If you do not consent to such use of your personal data, you should immediately discontinue using CardSnacks’ Services. This Privacy Policy is incorporated into and made a part of CardSnacks’ Agreement.

 

4. Transparency. We care about online privacy and adopted this Privacy Policy to provide total

transparency to how and what Personal Information we may collect from you and what we will and will not do with that information. When you visit a CardSnacks Site or use CardSnacks’ Services or any App in connection with CardSnacks’ Services, whether online at a home or work computer, on a mobile or tabloid device, or any other authorized channel, we may collect certain personal information such as your mobile phone number, email address, zip code, age, gender, residence, and similar information.  CardSnacks uses the information that you provide or that we collect to personalize, operate, maintain, enhance, and provide all the features found on CardSnacks’ Services; to market our services; and to track User-generated content and Users to the extent necessary to provide the best possible user experience or to comply with applicable laws. There are several areas where you can submit information to us, and some features that automatically collect information from Users of CardSnacks’ Service and visitors to our Site. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.

 

4.1. User Content: Some features of the Services allow you to provide content to the Services. All content submitted by you to the Services may be retained by us as long as you remain a User.  We may retain your content after your access to the Services is terminated, for whatever reason, consistent with applicable law and our appropriate business needs.   . We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.

 

4.2. IP Address Information and Other Information Collected Automatically: We automatically receive and record information from your web browser when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on). Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can provide relevant services as well as analyze and improve them.

 

4.3. Information Collected Using Cookies: “Cookies” are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services through the Internet. Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Services. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage the most attractive features of the Services. This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.

 

4.4. Information Related to Advertising and the Use of Web Beacons: To support and enhance the Services, we may serve advertisements, and allow third parties advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. Advertisements served through the Services may be targeted to users who fit a certain general profile category may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services. To increase the effectiveness of ad delivery, we may deliver a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.

 

4.5. Aggregate Information: We collect statistical information about how users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Information. We may share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired. This statistical information is not Personal Information and cannot be tied back to you, or your web browser.

 

 

5. How We Collect and Use Personal Information.

 

5.1. User Profile. When you register, we ask you to provide your mobile phone number and

other information, which may include (but may not be limited to) email address, birthdate, gender, and zip code (“User Profile”). We may use your mobile phone number or email address, without further consent, for administrative communications such as notifying you of major CardSnacks Service updates, for customer service purposes, and to send privacy or security related notices. We also use your User Profile to understand the usage trends and preferences of our Users, to improve the way CardSnacks’ Services work and look, and to create new features and functionality. For instance, we may use your User Profile (i) to provide CardSnacks’ Services and any products and services that you request; (ii) to communicate with you concerning your account, customer service issues and CardSnacks’ Service; (iii) to personalize and improve CardSnacks’ Services; (iv) to ensure the technical functioning of CardSnacks’ Services; (v) to develop new products and services; and (vi) to protect the copyrighted content on CardSnacks’ Site.

 

5.2. Public Profile Information. The Services are designed to help you share information with others. Therefore, some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Services. As a result, such information is shared publicly or with third parties.  Please be aware that any registration information or other personally identifiable information that you voluntarily choose to display on any publicly available portion of CardSnacks’ Services — such as when you publish Usernames, pictures, videos, etc. — becomes publicly available and may be collected and used by others without restriction and without CardSnacks’ knowledge. In addition, other Users can see your feedback and associated comments, etc. Therefore, if you associate private information, such as your actual name, with your Username, the people to whom you revealed your name will be able to personally identify your activities on CardSnacks’ Services. We do not recommend using your actual name or any varietal thereof as you Username. Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.

 

5.3. Email and Mobile Phone Number. CardSnacks may use your email and phone number to contact you for customer service purposes, or to send you privacy and security notices. 

 

CardSnacks may also use your mobile phone number or email address to market our services.

 

In addition, we may use your mobile phone number or email address to send

updates, a newsletter or news regarding CardSnacks’ Service. CardSnacks may send a text or email messages which use a “click-through URL” linked to content on CardSnacks’ Services. When a customer clicks one of these URLs, they pass through our web server before arriving at the destination webpage. CardSnacks tracks this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

 

We will not send your mobile phone number or email address to third parties in order for them to contact you without your express consent. 

 

 

5.4. Interactions. We primarily use information and data that we collect to enrich your

experience with CardSnacks’ Services such as information you enter when interacting on our Service (including, but not limited to, selecting certain images, GIFs, music, etc.), your preferences, favorites, or any voluntarily posted comments, communications or content posted to a group chat or public board, and any other information or data that are plainly visible for other Users of CardSnacks’ Service. In addition, we collect certain types of information, including personally identifiable information, during your interactions with CardSnacks’ Service. For example, we collect information when you:

 

5.4.1. Register to use CardSnacks’ Service or through a subsequent affirmative election;

 

5.4.2. Provide information during your use of CardSnacks’ Service by participating in community and social networking features and posting comments on other User’s Profile pages, online message boards, chat box, emails, forums or in creating a User Profile or “preferences” in connection with CardSnacks’ Services or other forms of public communication and interaction. Information that you disclose in chat box or in your User Profile information are public information, and there is no expectation of privacy or confidentiality;

 

5.4.3. Participate in polls, contests, or other features of CardSnacks’ Service, or respond to offers or advertisements on CardSnacks’ Service;

 

5.4.4. Sign up to receive email newsletters;

 

5.4.5. Your actions require third-parties to provide specialized services, such as credit card processing, sweepstakes management and prize fulfillment, data processing, customer/support services and other products or services that we choose to make available to our registered Users.

 

5.5. Free Services. At this time, CardSnacks’ Services are free, however, if we implement fee-based portions of CardSnacks’ Services and you choose to subscribe, you will also be asked to provide (at a minimum) your full name and credit card information.

 

5.6. Non-Personally- Identifiable Information. CardSnacks also logs non-personally-identifiable information including, aggregate User data, and browser type, from Users and other visitors to the Site. This data is used to improve CardSnacks’ Services, to analyze trends, to administer CardSnacks’ Sites, to track Users’ movements around CardSnacks’ Sites and to gather demographic information about our registered and unregistered Users. CardSnacks will not use non-personally- identifiable information collected to market directly to any specific person. This non-personally- identifiable information may be shared with third-parties to provide more relevant services and advertisements to our Users . User IP addresses are recorded for security and monitoring purposes. Additionally, we may de-identify personally identifiable information and share it in a non-personally-identifiable manner or aggregated form with third-parties, advertisers and/or business partners to analyze CardSnacks’ usage, improve CardSnacks’ Services and your User experience, or for other similar purposes. The use and disclosure of such information is not subject to any restrictions under this Privacy Policy.

 

5.7. Automatic Data Collection.

 

5.7.1. CardSnacks may use “Automatically Collected” information and cookies to, among other things, (i) automatically update CardSnacks’ application on your system; (ii) remember your information so that you will not have to re-enter it during your visit or the next time you access CardSnacks’ Services; (iii) provide customized third-party advertisements, content and information; (iv) monitor and report on the effectiveness of third-party marketing campaigns; (v) monitor and report aggregate usage metrics such as total number of visitors and pages accessed; and (vi) track your entries, submissions, and status in any promotions or other activities. For example, CardSnacks may use Automatically Collected information and cookies to store Users’ preferences and to record session information, to ensure that visitors are not repeatedly offered the same advertisements, to customize a newsletter, for advertising, and delivering content based on browser type, to help track usage and to help us understand which parts of our Site are the most popular, where our Users’ are going, and how much time they spend there. Information concerning your use of the Services (such as what pages you have visited) may be tracked anonymously through the use of cookies and stored by us.

 

5.7.2. CardSnacks may disclose Automatically Collected and other aggregate non-

personally-identifiable information (such as IP addresses, anonymous User usage data, listening preferences, referring or exit pages and URLs, platform types, number of clicks) with interested third-parties to assist those parties in understanding the usage and demographic patterns for certain content, services, advertisements, promotions, or other functionality on CardSnacks’ Services.

 

5.7.3. In addition, when you use CardSnacks’ Services, we will automatically receive or collect information about your use of CardSnacks’ Services including, but not limited to, personal information such as media that you access, queries you make, dates and times of your requests, your Internet protocol address, performance of your network and computer, your browser type, language and identifying information, and your operating system and application version.

 

5.8. Use of Information. Information that we collect may be used as outlined in this Privacy Policy for the following purposes without your prior consent to:

 

5.8.1. Provide Users with the products or services that a User purchased or requested and to enhance and improve such products and services;

 

5.8.2. Perform analysis of your and others’ use of CardSnacks’ Services, including, but not limited to, measuring the size and composition of the group of Users that have listened to and/or viewed an advertisement or other promotional information;

 

5.8.3. Engage third-parties to perform surveys measuring your experiences and use of CardSnacks’ Services on behalf of CardSnacks;

 

5.8.4. Share aggregated statistics, information, and other materials with parties with whom we do business relating to your and others use of CardSnacks’ Service;

 

5.8.5. Enhance, customize, and personalize the User experience in our network of Sites and the advertising and the content you see. We use tracking information to determine how well the Service performs overall based on aggregate User demographics and traffic patterns;

 

5.8.6. Disclose some limited User information to affiliated companies or other businesses or persons to: provide website hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist CardSnacks in improving CardSnacks’ Services and creating new services features. We contractually require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such

information, and we require these parties to use reasonable confidentiality measures;

 

5.8.7. Disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright or trademark law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity or to respond to or comply with litigation matters or other legal process;

 

5.8.8. We reserve the right to access, read, preserve, and disclose any information that we believe, in good faith, is appropriate or necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service and any other agreement between you and CardSnacks, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

 

5.8.9. Fulfill your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in and renew paid services, polls, contests, and message boards;

 

5.8.10. Send you information that you agreed to receive about topics that we think will be of interest to you;

 

5.8.11. Alert you to the latest developments and features on CardSnacks’ Service;

 

5.8.12. Pay artists and copyright owners for tracks you hear, by reporting listening information to copyright licensing agencies. These reports contain aggregated data only, and do not include your personally identifiable information;

 

5.8.13. Jointly offer certain features or services with third-parties, such as service partners that make features available through CardSnacks’ Service, business partners through whom we allow registered Users to access CardSnacks’ Service, advertisers, or marketing companies. When you use these features or services, you grant us permission to pass your registration information back to that service partner. Such third-parties may have different data collection, use, and sharing practices than us, and you should review their applicable privacy policies; and

 

5.8.14. We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control or when we jointly offer a service or a feature with that third-party, such as connectivity with other websites or applications, to provide personalization to CardSnacks’ Service (our “Agent”). In such cases, we may need to share Personal Information with our Agents to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

 

5.9. Contests. From time to time, CardSnacks or a partner may sponsor a promotion, sweepstake, or contest on CardSnacks’ Services. Users may be asked to provide personal information including name, mobile phone numbers, email address or home address or to answer questions to participate. CardSnacks may transfer personal information to certain ad partners that you have explicitly requested to receive information from. Please review the promotion, sweepstakes, or contest’s rules to determine exactly whose privacy policy will apply.

 

5.10. Market Research. CardSnacks may also collect information for market research purposes to gain a better understanding of our User’s and thus provide a more valuable service. CardSnacks also collects information regarding the activities of registered and unregistered Users on our Sites. This helps us to determine how best to provide useful information to Users and to understand which parts of our Sites and Internet services are of most interest to them.

 

5.11. Cookies.  As noted above, when you access CardSnacks’ Services, we may send your computer one or more cookies. These technologies collect non-personally identifiable information to improve the User experience of CardSnacks’ Services, personalize your User experience and monitor advertisements and other activities including to keep count of return visits to our Site or our advertisers’ or partners’ websites, collect and report on aggregate statistical information, save your password and login information, and/or display advertising or content based on your interests. We may also capture other data such as search criteria and results, date, time, connection speed and IP addresses. To make usage of our Site even more rewarding as well as to study the effectiveness of our Users’ communications and to customize each User’s experience and provide greater convenience, CardSnacks may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to CardSnacks’ Services to improve your experience. Persistent cookies can be removed. CardSnacks does not link the information we store in cookies to any personally identifiable information you submit while on our Site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from CardSnacks to use most functions on the Site. Therefore, by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of CardSnacks’ Services.

 

5.12. Internet Protocol Addresses. CardSnacks’ also maintains log files which contain Internet Protocol (“IP”) addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on or through CardSnacks’ Services, to report aggregate information to our advertisers and Third-Party Service providers and to troubleshoot technical problems. In the event of User abuse of CardSnacks’ Services, however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you to enforce our Agreement.

 

5.13. Third-Parties. You may access other Third Party Services through the Services, for

example by clicking on links to those Third-Party Services from within the Site. We are not responsible for the privacy policies and/or practices of these Third-Party Services, and you are responsible for reading and understanding those Third-Party Services' privacy policies. This Privacy Policy only governs information collected on the Services. There are also times when it may be advantageous for CardSnacks to make certain personal information about you available to companies that CardSnacks has a strategic relationship with or that perform work for CardSnacks to provide products and services to you on our behalf. These companies may help us process information, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with CardSnacks’ policies. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on CardSnacks’ Site.

 

5.13.1. Third-Party Cookies. As noted above, Third-Parties whose products or services are accessible or advertised via CardSnacks’ Service may also use cookies. Cookies received with banner ads are collected by our ad companies, and CardSnacks does not have access to this information. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements, and determine the number of ads viewed and which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers only the use of cookies by CardSnacks and does not cover the use of cookies by any Third-Party Service providers. Accordingly, CardSnacks does not accept liability in relation to any Third-Party Service providers, third-party websites, third-party vendors, and ad networks or for goods or services provided by or in connection with such Third-Party Service providers, third-party websites, third-party vendors, and ad networks. You hereby agree to indemnify and hold harmless CardSnacks and its affiliates against all actions, claims, demands, costs, charges, and expenses in connection with your use of such Third-Party Service providers, third-party websites, vendors, and ad networks, or as a result of using the information published on any of the webpages of the third-party websites or ad networks.

 

5.13.2. Third-Party Use and Disclosures. Except as otherwise expressly provided otherwise, this Privacy Policy addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides CardSnacks, whether they are Users of CardSnacks’ Services or on other sites or services, different rules may apply to the use or disclosure of the information you disclose to them. CardSnacks does not control the privacy policies of any third-parties, and you are subject to the privacy policies of all third-parties where applicable. We advise you to carefully review all third-party privacy policies and ask questions before you disclose your personal information to others. Our Privacy Policy only governs information collected on CardSnacks’ Services.

 

5.13.3. Receipt of Third-Party Information. We may collect information about you from people who have stored information about you when they elect to use our social networking or community features, or when they enable connectivity with another website or application where they have stored such information. For instance, your friends may have stored information about you in places such as their friend list, friend list, contacts, address books, or photos on our Site and other sites with which CardSnacks Service interacts. Any disputes as to the rightful owner of such information is between you and the third-party and CardSnacks shall not be liable for the receipt, use or disclosure of any such information.

 

5.13.4. Third-Party Links. CardSnacks contains links to Third-Party Service providers. CardSnacks is not responsible for the privacy policies and/or practices on other sites. If you click on a link to a third-party website, including but not limited to, any Third-Party Service provider, third-party payment or other service offered through CardSnacks’ Services or any advertisement or link to an on- line advertising company, you will leave CardSnacks Site you are visiting and go to the website you selected. Because we cannot control the activities of third-parties, including third-party payment and other service providers, we cannot accept responsibility for any use of your personal information by such third-parties, and we cannot guarantee that they will adhere to the same privacy and security practices as CardSnacks.

 

IF YOU VISIT A THIRD-PARTY WEBSITE THAT IS LINKED TO CARDSNACKS’ SERVICES, YOU SHOULD CONSULT THAT WEBSITE’S PRIVACY POLICY BEFORE PROVIDING ANY PERSONAL OR OTHER INFORMATION. When linking to another website, a User should read the privacy policy stated on that website. Our Privacy Policy only governs information collected on CardSnacks’ Services.

 

5.14. Service Partners. When you access CardSnacks’ Service through a service partner, we may add select aspects of your registration information (such as your email address or mobile phone number), so that we can identify which of our service partners or other sign-in pages to send to you when you log on to CardSnacks’ Service. In addition, we may receive information about you from third- parties and store it in our databases with other information (including personally identifiable information) that you provide to us. Some examples of these third-parties are listed below:

 

5.14.1. Service partners and advertisers that make features available through CardSnacks’ Service;

 

5.14.2. Service partners through whom we allow registered Users to access CardSnacks’ Service;

 

5.14.3. Marketing companies that create professional marketing lists or sell other marketing data;

 

5.14.4. Other websites or applications that you registered to use, or that people you

know have registered to use, when we allow those websites or applications to interact through CardSnacks’ Service to provide personalized services to you. In some cases, those websites or applications may automatically provide us with information about you to facilitate personalization unless you use the controls available on those websites or applications to opt-out of such sharing.

 

5.15. Payment Providers. To purchase gift cards and other items, we share information with

Third-Party payment providers that we use to process your payments such as Braintree, Inc.

(www.braintreepayments.com). The personal data that you provide relevant to payment processing is subject to such Third-Party payment provider’s security and privacy policies. Braintree is a validated Level 1 PCI DSS compliant service. For more information regarding Braintree’s security of your personal information related to credit card processing, visit 

 

5.16. Advertisers.

 

5.16.1. CardSnacks allows third-party ad servers or ad networks to serve

advertisements within CardSnacks’ Services. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements that appear within CardSnacks’ Services and they automatically receive your IP Address and other automatically collected information when this happens. As noted above, such third-party ad servers may also use other technologies (such as cookies, Javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content. CardSnacks does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks CardSnacks to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach. You should consult the respective privacy policies of these third-party ad servers or ad networks for further information. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or websites. CardSnacks reserves the right to add or remove third-party ad networks or ad servers in its discretion.

 

5.16.2. CARDSNACKS IS NOT RESPONSIBLE FOR, AND WILL ASSUME NO LIABILITY, IF A THIRD-PARTY, SERVICE PARTNER, ADVERTISER OR OTHER ENTITY COLLECTS, USES, OR SHARES ANY INFORMATION ABOUT YOU IN VIOLATION OF ITS OWN PRIVACY POLICY OR APPLICABLE LAW.

 

5.17. Public Forums. Please be aware that whenever you voluntarily post public information

to a chat box, message boards or any other Public Forum, that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. CardSnacks is not responsible for any personally identifiable information you choose to publicly disclose on any of CardSnacks’ Services. We recommend that you do not publicly post any personal information online.

 

5.18. Email Choice / Opt Out. All notification emails and User newsletters include instructions for opting-out of communications in the future. If you unsubscribe for a mailing that we send to you on behalf of a third-party, we may share your removal instructions with the third-party so that your email address may be added to that company’s list of people to whom they will not send emails directly. Except as otherwise set forth herein, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

 

5.19. Security. CardSnacks’ User accounts are secured by a User’s mobile phone number.

CardSnacks takes precautions to ensure that account information is kept private. We cannot, however, ensure or warrant the security of any information you transmit to CardSnacks, and you do so at your own risk. Once we receive your transmission of information, CardSnacks makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. If CardSnacks learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps or we may post a notice on CardSnacks’ Site. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@cardsnacks.com. In addition, unauthorized entry or use, hardware or software failure, and other factors may compromise the security of User information at any time.

 

5.20. Information about your Computer or Device. As noted above, we may collect

information about the computer, mobile or other devices you use to access and listen to CardSnacks’ Service. For example, our servers receive and record information about your computer and browser, including potentially your IP address, browser type, and other software or hardware information. If you access CardSnacks’ Service from a mobile or other device, we may collect a unique device identifier assigned to that device or other transactional information for that device.

 

5.21. Discontinue Use. If you do not consent to such use of your personal data, you should

immediately discontinue use of CardSnacks’ Service.

 

6. PRIVACY OF CHILDREN. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS CARDSNACKS’ SERVICES AT ANY TIME OR IN ANY MANNER. CardSnacks is not directed to children under the age of 13. We operate our Site in compliance with the Children’s Online Privacy Protection Act of 1998, and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age, regardless of parental consent. If you are under 13 years of age you should not use CardSnacks’ Services. If we discover that a child under the age of 13 provided us with personal information, we will use commercially reasonable efforts to delete that child’s access to CardSnacks’ Service. If you are the parent or legal guardian of a child under 13 who has become a CardSnacks User, then please contact CardSnacks at to have that child’s account terminated and information deleted. Teenagers

under the age of 18 and over the age of 12 should encourage their parents to review this Privacy Policy and to contact us if they would like to raise any concerns.

 

7. Changes in Our Privacy Policy. This Privacy Policy may change from time to time, as we

continue to evaluate this Privacy Policy against new technologies, business practices, and our Users’ needs, so please check back regularly to stay informed of any changes. If we make any changes to this Privacy Policy, we will notify you by posting the new version of the Privacy Policy on CardSnacks’ Sites in lieu of the prior policy and will reflect the “Effective Date” date as noted above.  A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted. It is your responsibility to check CardSnacks’ Sites for such updated postings. YOUR CONTINUED USE OF CARDSNACKS’ SERVICES FOLLOWING SUCH CHANGES CONSTITUTES AND SIGNIFIES YOUR FULL ACCEPTANCE OF SUCH CHANGES. If we are going to use User’s personally identifiable information in a manner materially different from that stated at the time of collection, we will notify you by posting an announcement on the Services. Please revisit this page to stay aware of any changes. You may also be asked to re-acknowledge and re-accept this Privacy Policy following any material changes.

 

8. Ownership Changes. In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy. In addition, information CardSnacks receives from you may be considered an asset subject to bankruptcy and could be subject to the authority and disposition pursuant to procedures thereunder. To be clear, CardSnacks may be transferred to its successors or assigns and may share your information in connection with a merger between CardSnacks and another entity, or in the event of a transfer of all or some of our assets to another company.

 

 

9. Access to your Personal Information. Users can access and delete cookies through their web browser settings. You can use many of the features of the Services without registering, thereby limiting the type of information that we collect. You may also decline to share your personally-identifiable information with CardSnacks, in which case CardSnacks will not be able to provide to you some of the features and functionality found on CardSnacks’ Services. You may view, update, correct, or delete your User information and preferences by editing your Profile or by contacting us at

privacy@cardsnacks.com. To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING SECURE AND ACCURATE ACCOUNT INFORMATION AT ALL TIMES.

 

California ”Shine the Light” Law. Although CardSnacks is not subject to the California Consumer Privacy Act (“CCPA”), California residents are nevertheless  entitled to ask, once a year, for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes (if any), and providing contact information for such affiliates and/or third parties. If you are a California resident and if you wish to make such a request or have any questions about CardSnacks’ sharing practices, you may contact us by sending us an email at or write to us

at Mobigram LLC, PMB #213, 923 Saw Mill River Road, Ardsley, NY 10502, Attn: California Privacy Rights Support.

 

10. Requests for Further Information. Requests for clarification or additional information related to this Privacy Policy may be sent to privacy@cardsnacks.com. Due to the unverified nature of email and additional data privacy and security protocols, it will not be possible to provide any personally

identifiable information by email to anyone, and none will be provided unless requested by a duly

authorized subpoena by a court of appropriate jurisdiction.

 

11. Integration and Conflicting Terms. You acknowledge that you have read this Privacy Policy,

understand it, and will be bound by its terms and conditions. You further acknowledge that this Privacy Policy, the Agreement, and any other licenses (if applicable) constitute the complete and exclusive statement and agreement between you and CardSnacks with respect to use of CardSnacks’ Services and supersedes any and all prior or contemporaneous communications, representations, statements, agreements, and understandings, whether in oral, written, or electronic form, between you and us concerning the use of CardSnacks’ Services. This Privacy Policy cannot be changed or modified except as provided herein. A waiver by either party of any term or condition of this Privacy Policy in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. If any provision of this Privacy Policy is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties. Please read CardSnacks’ Terms of Use Agreement which is hereby incorporated by reference into this Privacy Policy. Unless expressly set forth to the contrary, the terms of this Privacy Policy and the terms of the Agreement shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Privacy Policy shall control.

 

12. Questions or Concerns. If you have any questions or concerns regarding privacy using the

Services, please send us a detailed message by emailing us at privacy@cardsnacks.com, and identify the subject line of the e-mail as “Privacy Policy.” We will make every effort to resolve your concerns.

 

 

 

PLEASE NOTE THAT THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME, SO PLEASE CHECK BACK REGULARLY TO STAY INFORMED OF ANY CHANGES. WE INDICATE AT THE TOP OF THE PAGE WHEN THIS PRIVACY POLICY WAS LAST UPDATED.