Privacy Statement

Welcome to Giffy! In this Privacy Statement, we explain exactly which information we collect from you and how we handle it carefully. We also explain what rights you have regarding your data. We recommend that you read this Privacy Statement carefully. In short, we help you to easily and safely use Giffy based on your personal data. We take your privacy very seriously and adhere to privacy legislation (such as the General Data Protection Regulation).

1. Who is Giffy?

Giffy is the private company Giffy B.V, located and having its office at (1018 XV) Amsterdam, at Nieuwe Achtergracht 15H and registered in the Chamber of Commerce under number 76225747.

Through Giffy's Service, users can purchase, personalize, store, and gift (digital) Gift Cards. The gift cards can be spent on the website with the issuers of the Gift Cards such as retailers. When using the Service, Giffy processes personal data.

The terms written with a capital letter in this Privacy Statement have the same meaning as in the General Terms and Conditions.

2. What information is collected and processed by Giffy?

Purchase Information
When you have received a gift card and redeemed it, we collect the following data:Your email address;The purchases you have made;Gift cards that you have received;Spent or received amount.

Statistical Research
Giffy strives to provide the Service of the highest quality. For this purpose, Giffy carries out statistical research so that it can make adjustments to its Service where necessary.

Giffy may use your personal data, such as your device ID (a unique identifying number of your phone), for this statistical research. The results of the research are always aggregated. This means that the data in the research result cannot be personally traced back to you.

Personal Message
You can personalize a Gift Card with a video message or personal message, among other things. If you use the personal message, Giffy processes the personal data that you provide through this message.

Fraud
To counteract and prevent fraud as much as possible, the following data may be stored: IP address, email address, the amount you have spent and/or received on gift cards.

Automatically Generated Information
To optimize the Service (for example, to display pages correctly) and to secure the Service, we need certain information. Therefore, we collect automatically generated information about your (browsing) behavior during your use of the Service. This information includes:

  • The type of device (e.g., tablet or smartphone);

  • The operating system used by your device;

  • The pages you visit;

  • How you navigate on the Website.

  • Notifications, newsletters, and emails

Giffy may send you notifications via the Website, if you have given permission for this. Your device ID is used to send this notification. You can always change this permission in the settings of the Website. For example, Giffy can send you messages about the validity of a Gift Card, for example, when it is about to expire. Giffy can also send you targeted offers, such as a message when you are near a retailer whose card you have. Giffy makes these offers based on your location data, for example, your interests.

Finally, Giffy would like to keep you informed by email about the development of its Service. If you have given permission for this, Giffy will keep you informed about promotions and offers. If you do not want to receive email messages from Giffy, you can unsubscribe using the opt-out button included in every email sent to you by Giffy, except the emails you receive after your purchases have been made. Giffy only places analytical cookies related to online advertising campaigns. These cookies provide insight into the behavior of users of the Website after they have been shown an online advertisement.

3. What are cookies and how does Giffy use them?

Cookies are small pieces (text) of information that a server sends to the browser (e.g. Internet Explorer or Firefox) and that are then stored on your device's hard drive or memory. The browser can send this information back to the server on a subsequent visit. Giffy's cookies cannot damage your peripheral devices or the files on them.

The following types of cookies can be installed on your peripheral devices through your use of the Service:

Cookies from Giffy
Firstly, Giffy itself places functional cookies. These cookies are necessary to provide the Service in a user-friendly manner. For instance, functional cookies ensure that you do not have to re-enter your details on a form on every page of the website.

In addition to functional cookies, Giffy also places cookies that are stored on your peripheral devices for a limited time. These so-called session cookies are used to map your surfing behavior on the Website during a particular visit. With these data, Giffy can adapt the Service to the needs of the users.

Furthermore, Giffy places analytical cookies related to online advertising campaigns. These cookies provide insight into the behavior of users on the Website after they have been shown an online advertisement.

Finally, Giffy places marketing cookies. These cookies allow Giffy to make targeted advertisements based on your online surfing, searching, and purchasing behavior.

Cookies from third parties
Apart from the cookies that Giffy places itself, third-party cookies are also placed on your peripheral devices via the Service. This paragraph pertains to these so-called third-party cookies. Giffy has no control or authority over the use of these cookies and/or the use that third parties make of the information collected by means of the cookies. Giffy points out that other conditions of the third parties may apply to the use of the collected data. Below it is indicated which types of third-party cookies are placed via the Service.

Marketing
On the Website, third parties may place marketing cookies and we also place marketing cookies on third-party websites. We combine the information from these marketing cookies with each other, so that we can make you the most relevant possible offers based on your online surfing, searching, and purchasing behavior. Moreover, these marketing cookies keep track of which advertisements you have seen.

Affiliate networks
This website uses the services of Affiliate networks such as, among others, Daisycon, Awin, Tradetracker, Tradedoubler, Bol.com, Amazon, Partnerize to promote advertisers via performance-based advertising. Performance-based advertising is a fair form of advertising because an advertiser only pays for actual and measurable results. To perform this service, our partners use so-called affiliate cookies and matching data. With these cookies, a match can be made between the transaction at the advertiser and this website. Therefore, affiliate networks know that this website should receive compensation. When registering this compensation, this website has access to basic, anonymous transaction data. This data may only be stored and/or processed by this website to promote the relevant advertiser more effectively or to create statistical analyses. This website ensures that stored data is adequately protected and complies with privacy guidelines and legislation. The use of affiliate cookies and the storage of anonymous transaction data do not endanger the privacy of the visitor to this website. According to the Telecommunications Act and the AVG/GDPR, no permission is required for this. Regarding data processing within the AVG/GDPR, we rely on the processing basis of Legitimate Interest. However, we must inform our visitors about its use.

Google Analytics
To collect web statistics about the use and visit of the Website, Giffy uses Google Analytics. This service places a permanent cookie on your peripheral device with which your use of Giffy is registered. These data are then analyzed by Google and the results are provided to Giffy. Giffy thus obtains insight into the way Giffy is used and, if necessary, can make adjustments in her service provision.

Google may provide this information to third parties if it is legally obliged to do so and/or if third parties process the information on behalf of Google.

Deleting cookies
You can set your browser to allow or refuse installed cookies and to not receive cookies during your next use of Giffy. You can always withdraw your given consent. To learn more about these functions, it is best to consult your browser instructions or your browser's help function.

4. Use by third parties

Without your explicit consent, Giffy will not provide your personal data to third parties, except:

To subcontractors who process the personal data on behalf of and for the benefit of Giffy. Giffy ensures that in such cases, contractual provisions provide that third parties do not use your personal data for purposes other than described in this Privacy Statement and that the third parties have taken security measures that are necessary to protect your personal data against unauthorized processing thereof and against accidental loss or destruction of, or damage to, your personal data;

Giffy may provide your data to a third party if you expressly consent to it and/or insofar as this data cannot be traced back to you personally;

To compile anonymized user statistics or to perform web analytics, Giffy can provide the data automatically collected by visiting Giffy's Website, including the IP address, to third parties;

If Giffy is obliged to do so under national or international laws, case law, and/or regulations, or if Giffy deems it necessary to defend its own rights.

5. Hyperlinks

The Service may contain hyperlinks through which you leave Giffy's Website and end up on the website of another party. Giffy has no control over services and/or websites of third parties that are linked. Therefore, a different privacy statement and/or conditions may apply to the use of these third-party services and/or websites. Giffy's Privacy Statement only pertains to (personal) data obtained through the use of the Service. Giffy accepts no responsibility or liability for (the operation and/or content of) services and/or websites of third parties.

6. For what purposes will Giffy use information about you?

Purposes
Giffy uses your information for the following purposes:

  • To process your purchases and send the purchased gift cards to you/the recipient;

  • To enable payments to Giffy;

  • To gain insight into your online surfing, searching, and purchasing behavior and to adapt/improve the Service accordingly;

  • To prevent and combat fraud as much as possible;

  • To process your personal (video) message;

  • To send you personal messages/notifications, send you information regarding Giffy's own services and products, and to respond to your questions and feedback;

  • To secure, modify, and improve the Service;

  • To generate statistical data and use these data (anonymized) for research purposes;

  • To provide information about you to third parties if you have given permission for this or based on and in compliance with laws and/or regulations;

Legal Basis

  • Processing is necessary for the execution of an agreement to which you are a party;

  • Processing is necessary for the execution of an agreement to which you are a party;

  • Processing is necessary to protect the legitimate interests of Giffy, namely Giffy's marketing interests;

  • Processing is necessary to protect the legitimate interests of Giffy, namely to be able to offer the Service safely;

  • Processing is necessary to protect the legitimate interests of Giffy, namely to be able to offer the Service including (video) message and to be able to improve the Service;

  • Processing is necessary to protect the legitimate interests of Giffy, namely marketing interests and offering customer service;

  • Processing is necessary to protect the legitimate interests of Giffy, namely ensuring the security and improving the Service;

  • Processing is necessary to protect the legitimate interests of Giffy, namely to be able to conduct research and to be able to improve the Service;

  • You have given consent for the processing of your personal data;

  • Processing is necessary to comply with a legal obligation incumbent upon Giffy.

7. How does Giffy protect your personal information?

Giffy attaches great importance to good security of your personal data. Giffy has therefore taken appropriate technical and organizational measures to secure your personal data against loss or against any form of unlawful processing. Furthermore, Giffy believes it is important that your personal data is stored within the European Economic Area ("EEA") in principle. Where personal data is stored outside the EEA, Giffy ensures that this storage is in accordance with the law and that an adequate level of protection is guaranteed. We have signed the EU Model Clauses with these parties and/or the transfer of data occurs on the basis of the EU-US Privacy Shield.

8. How long does Giffy keep your data?

Giffy does not store your personal data longer than is necessary for the realization of the purposes for which the data is collected and processed. The storage periods applied by Giffy comply with applicable legal storage periods.

9. What are your rights?

Under privacy legislation, you, as the data subject, have a number of rights. Here we mention what rights these are and how you can invoke these rights. Response: We try to respond to your request as quickly as possible, and in any case within one month. However, there is a possibility that we need more time. If this is the case, we will inform you about this before the end of the aforementioned month. The additional time will not be more than two months. Requests can be made by sending an email to info@getgiffy.com. Send the email from the email address with which you are known to us, so that we are sure that the information you request really belongs to you. If we cannot (fully) determine which personal data your request relates to, we may ask you to specify your request (further). There is a possibility that we reject a request from you, for example because your request is unfounded or excessive or because we (legally) cannot or do not have to comply with your request. We will also notify you of a rejection. Furthermore, we may ask you to identify yourself before we process your request. We point out that you have the right to file a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens). Of course, we hope that will not be necessary!

Right of access
You have the right to request whether Giffy processes personal data relating to you. If this is the case, Giffy will provide you with a copy of the personal data collected about you in accordance with the law.

Right to rectification
You have the right to submit a request for rectification of incorrect personal data relating to you. If possible, you also have the right to provide additional personal data to complete the collection of your personal data.

Right to be forgotten
You have the right to request the erasure of (certain) personal data relating to you (the right to be forgotten). If your request is granted, Giffy will delete the relevant personal data.

Right to restriction
You have the right to request a restriction of your personal data. This means that, if the request for restriction is granted, Giffy will not process your personal data any further during the period of the restriction unless this is allowed under the law.

Right to object
You have the right to object, under certain circumstances, to the processing of your personal data, for example if Giffy processes your personal data based on legitimate interest. If you object, Giffy will weigh your privacy interests against Giffy's business interests. If your interest outweighs, Giffy will not process your personal data any further. If your personal data is used for direct marketing, you can always object to the processing. In that case, we will no longer process your personal data for that purpose.

Right to data portability
You have the right to submit a request for data portability. Giffy will provide the data that falls under this right in a structured, commonly used, and machine-readable form so that you can transfer it to a third party.

10. Can minors use Giffy?

If you are not yet sixteen (16) years old, you must have permission from your parents or guardian before using the Service.

11. Can this Privacy Statement be changed?

This Privacy Statement can be changed. These changes will be announced via the Website. Therefore, we advise you to regularly read the privacy statement for any changes. In case of material changes, we will notify you via a message to you. The latest version of the Privacy Statement is from July 2023.

12. Questions?

If you have any questions about this Privacy Statement, you can send an email to info@getgiffy.com. If you have a complaint about the use of your personal data and you cannot resolve it with Giffy, you can also submit your complaint to the Dutch Data Protection Authority.