Gift The Band Privacy Policy

Date of Last Revision: May 7, 2019

Welcome to Gift The Band’s mobile gifting service (Service), consisting of band organizers, artists, agents, advertisers and service providers, collectively (Gift The Band), “we”, “us”, and/or “our”.  This Service is run by Gift The Band and supports the 501(c)3 non-profit Mobile Wallet Gifting Corp.  Gift The band was created to support the performing arts by bringing the community of performing artists and bands together with their fans.  Our Service is designed to permit band organizers and artists to post information about their bands and to accept monetary donations/gifts.  This Privacy Policy describes and governs how we collect, use, share and protect data and information collected from users and visitors to the Service.

How We Collect and Use Information

We collect the following types of information about you:

Information you provide us directly:

We ask for certain information such as your artist/band name, social security number, or EIN if registering as a company, real name, birthdate, address, phone number, e-mail address and bank account information when you register for an account, or if you correspond with us. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. Your artist/band name and if you choose to disclose it, your real name, will be published publicly (to correctly identify the artist/band). Once published your artist/band name and / or real name may not be able to be removed.

Information we may receive from third parties:

We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the Gift The Band Service, linking your account to the Gift The Band Service, etc., that third party may pass certain information about your use of its service to Gift The Band. This information could include, but is not limited to, the user name associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. If you allow us access to your friends list, your friends’ user names, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join Gift The Band. All artist/band members who connect and logs-in through a third party, must first complete the Gift The Band registration process. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Gift The Band Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service.

Inviting a friend to use Gift The Band:

Gift The Band may, in its sole discretion, develop a feature that allows you to invite third parties to the Service. If you choose to use our invitation service to invite a third party to the Service through our “Invite friends” feature, you may directly choose a friend to invite through your mobile device’s native contact list – but we do not require that you import your contacts list to the Service, and we do not retain the information contained in your contacts list. You understand that by inviting a friend to Gift The Band, you are directly sending a text or email from your personal accounts and that we are not storing your contact list. In addition, you understand and agree that normal carrier charges apply to communications sent from your phone. Since this invitation is coming directly from your email or phone, we do not have access to or control this communication.

Finding bands on the Service:

Gift The Band may, in its sole discretion, develop a feature that allows you to locate artists/bands with Gift The Band accounts through a “Find Bands” feature. The “Find Bands” feature allows you to choose to locate an Artist and or Band either through (i) your contact list, (ii) social media sites (such as Twitter or Facebook) or (iii) through a search of names and artist/band on Gift The Band. If you choose to find artist/bands through your contact list, then you agree to provide Gift The Band access to your contact list such that we can perform the search necessary to determine whether or not someone associated with the information you provide is using Gift The Band. If you choose to find bands through social media sites, then you understand that the information these sites provide to use to conduct this type of search is governed by their privacy policies and account settings on those sites. If you choose to find bands through a search of bands, then simply type a band to search and see if that artist, band or username appears on our Service. Note that we do not retain any information contained in your contacts list, or information from social media sites about your contacts, and we do not use such information for any purpose other than to help you find your bands on Gift The Band.

Analytics information:

We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.

Cookies information:

When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets Gift The Band help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled. Full details can be found on our Cookie Policy.

Log file information:

Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

Clear gifs/web beacons information:

When you use the Service, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information is allows for more accurate reporting and improvement of the Service.

Device identifiers:

When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Gift the Band. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Location data:

When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.  Enabling location services on your mobile devise may assist/enhance your user experience with the Service.

Commercial and marketing communications:

We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related emails. You may also be able to be “found” on Gift The Band based on information that you provide.

Use of certain service type information we collect about you:

We use or may use cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) to provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help you efficiently access your information after you sign in; (g) to provide advertising to your browser or device, and (h) automatically update the Gift The Band application on your mobile devices.

Sharing of Your Information

We will not rent or sell your information into third parties outside Gift The Band and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:

  • Who we may share your information with: We may share your information with third-party business partners and Trusted Users for the purpose of providing the Service to you. Third party business partners will be given limited access to your information as is reasonably necessary to deliver the Service, and we will require that such third parties comply with this Privacy Policy, or operate under a similar privacy policy.
  • Who can see User Content: Any User Content that you voluntarily disclose for posting to the Service becomes available to the public and cannot be removed, except by Gift The Band in its sole discretion. Once posted on Gift The Band, User Content may not be removable from public view, as copies may remain viewable in cached and archived pages of the Service, on other sites that have republished us, or if other Users have copied or saved that information. If you do not wish your User Content to be available to the public, please don’t post it on Gift The Band. Your artist/band name, and if you choose to disclose it, your real name, will be published publicly. Once published your artist/band name and / or real name may not be able to be removed.
  • Who can see your IP address: If you post User Content on the Service while not logged in, your IP address will be published with your User Content in order to attribute your contribution to the Service. A selection of Trusted Users with administrative powers on Gift The Band have the ability to review IP addresses of users to reduce abusive behavior. Any third party service embedded on Gift The Band such as an advertiser, video provider, social network or other third party will also have access to your IP address.
  • Who can see your email address: If you enter an email address, you will enable communication from Gift The Band and other Users. If you reply to users or participate in group Gift The Band activities such as meetups, your email address may be shared with these users.
  • Payment Provider: You authorize Gift The Band to collect and share with our payment provider (Dwolla Inc.), your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data.  Dwolla’s Privacy Policy is available here.

What happens in the event of a change of control:

We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.

Instances where we are required to share your information:

Gift The Band will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security, quality or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Gift The Band, our Users, or others.

Sharing certain service type information we collect about you:

We may share certain service type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.): (i) with our third-party business partners for the purposes described in the section above on “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

Ads on Gift The Band:

We may also share certain information such as your location, browser, and cookie data and other data relating to your use of our Service with our business partners to deliver advertisements (“ads”) that may be of interest to you. Gift The Band may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Service, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service and on other websites, and to measure the effectiveness of their ads and to personalize the advertising content delivered to you.

For example, Google uses DART cookies in order to deliver ads to you through the Service. Google’s use of the DART cookie enables it and its partners to serve ads to you based on your visit to the Service and previous websites that you may have visited. Other advertising networks also use similar cookies, clear gifs, or other mechanisms to deliver targeted advertising to you through the Service. You can delete these cookies.  You may opt out of use of Google’s DART cookie and cookies placed by Network Advertising Initiative (NAI). Opting out of these cookies will be effective not only on the Service, but on all websites with NAI certified advertising networks. However, these opt-outs will be ineffective on networks that are not NAI certified.

Please note that an advertiser may ask Gift The Band to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, Gift The Band or our Partners determines the target audience and Gift The Band serves the advertising to that audience and only provides anonymous data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.

To enhance your user experience or help us improve and measure our effectiveness, Gift The Band may embed code from third parties on the Service. Examples of such parties may include Facebook, Twitter, Pinterest, Google, YouTube, Howcast, VideoJug, AOL, and others. These third parties may collect information about you including IP address, cookies in ways Gift The Band does not control.

The Gift The Band Privacy Policy does not apply to, and we cannot control the activities of third-parties. Please consult the respective privacy policies of such third parties or contact such third parties for more information.

How We Store and Protect Your Information

Storage and Processing:

Your information collected through the Service may be stored and processed in the United States or any other country in which Gift The Band or its subsidiaries, affiliates, or service providers maintain facilities. Gift The Band may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Gift The Band or its parent, subsidiaries, affiliates, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Keeping your information safe:

Gift The Band cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Gift The Band, at all times. However, Gift The Band cannot ensure or warrant the security of any information you transmit to Gift The Band or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Gift The Band Service, such as social networks. Gift The Band is not responsible for the functionality or security measures of any third party.

Compromise of information:

In the event that any information under our control is compromised as a result of a breach of security, Gift The Band will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Your Choices about Your Information

You control your account information and settings: You may update your account information and email-communication preferences at any time by logging in to your account and changing your profile settings. You can also stop receiving promotional email communications from us by modifying Gift The Band.

We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, bank account information, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at info@www.gifttheband.com.

Opting out of collection of your information for Tracking / Advertising:

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Gift The Band or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at info@www.gifttheband.com.

How long we keep your private profile information:

Following termination of your User account, Gift The Band may retain your private profile information for a commercially reasonable time for backup, archival, or audit purposes. For the avoidance of doubt, any information that you choose to make public on the service may not be removable.

Children’s Privacy

Gift The Band does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at info@www.gifttheband.com.

Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible, and we do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service (like Facebook, Google groups, or an IRC chatroom) and you allow such a third-party access to you User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.