Privacy Policy
INTRODUCTION
Surprisly ("we”, "our", or “us” or “Surprisly”) values its visitors’ privacy. As of February 9, 2024, our previous privacy policies are no longer in effect, and are replaced by these terms. Please read on further for the terms of our current privacy policies. From time-to-time, we reserve the right to make changes and amendments to these terms – please check back here for new updates.
We have prepared this Privacy Policy (“Privacy Policy”) to describe to you our practices regarding the personal information we collect from users on our website, located at surprisly.com (the “Site”), and the services offered through the Site, and any orders that you place (collectively, the “Services”). This online Privacy Policy discloses information practices for this Site, including what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the information is shared. (Please note that Surprisly content through CrateJoy is subject to CrateJoy’s Privacy Policy and the information applicable to that site.)
The network of websites (collectively, the “Web Sites”, “Sites”, or “Site”) operated by Surprisly, or its affiliates, subsidiaries, assigns, successors, brands, licensors, licensees, and/or agents (“Surprisly” or “we”) is comprised of various Sites and web pages. The terms, conditions and notices contained herein (collectively, “Terms”) apply to all Surprisly operated Web Sites.
Please note that this privacy policy does not govern the collection and use of information by companies that Surprisly does not control, nor by individuals not employed or managed by Surprisly, included but not limited to, Surprisly content on CrateJoy. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information.
BY CREATING AN ACCOUNT AT THE SITE, PURCHASING A PRODUCT, SIGNING UP FOR A GIVEAWAY OR LOGIN IN TO THE SITE USING SOCIAL MEDIA CONNECT, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US, ANY OF OUR AFFILIATES AND/OR 3RD PARTIES.
INFORMATION COLLECTED AUTOMATICALLY
Generally
When you use our Services, some information is automatically collected. For example, when you use our Services, your geographic location, how you use the Services, information about the type of device you use, your mobile network information, your Open Device Identification Number (“ODIN”), date/time stamps for your visit, your unique device identifier (“UDID”), and your browser type, operating system, Internet Protocol (IP) address, and domain name are all collected. This information is generally used to help us deliver the most relevant information to you and administer and improve the Services.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to maintain and improve the performance of the Services.
Location Information
When you use our services, we may collect and process information about your actual location. If you have enabled location services on your phone, we collect your location information to help personalize your user experience. If you do not want this information collected by us, you can disable location services on your phone.
PERSONAL INFORMATION THAT MAY BE COLLECTED
Identifying Information
When you sign up for an account for our Services (an “Account”), you provide us your full name, e-mail address, phone number, password, and zip code to register with us or connect to the Service via a Social Networking Site, or “SNS” (defined below).
In order to make a purchase, Surprisly or our third party payment provider will request a user to provide certain personal identifying information, which may include: name, postal address, e-mail address, telephone number, facsimile number, method of payment, and if applicable, credit card number in order to process the transaction. In addition, we collect information as part of your profile, such as your due date, child’s date of birth, as well as sizing, fit and other style preference information.
When you place an order for the Services or when you order products through the Services, we or our third party payment provider will collect payment, shipping and billing information in order to process the transaction.
When you receive a shipment, we record what you keep and what you return. If you provide us feedback or contact us via e-mail or through the Services, we will collect your name and e-mail address, as well as any other content included in the message.
If you participate in one of our surveys, we may collect additional profile information.
If you participate in a sweepstakes, contest or giveaway on our Services, we may ask you for your e-mail address and/or home phone number, to notify you if you win. We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary.
Surprisly may request additional information necessary to establish and maintain a customer’s account. We may also collect personal information at other points in our Services that state that personal information is being collected.
Service Quality Monitoring
If you provide us feedback or contact us via e-mail or through the Services, we will collect your name and e-mail address, as well as any other content included in the message.
Lost or Stolen Information
If your credit card and/or password is lost or stolen, you should promptly notify Surprisly in order to enable Surprisly to cancel the lost or stolen information and to update our records with a changed credit card and/or password.
Information Collected from Social Networking Sites
The Services allow users to share information with us via social networking sites, such as Facebook, Facebook Messenger, Instagram, Pinterest, LinkedIn or Twitter (each an “SNS”). In some cases, you can sign-in to the Services using your SNS account information. By sharing your SNS profile, you are allowing us, including our customer service to access some of your SNS information as allowed by you (such as profile information and profile photo). We may receive that information from your SNS profile and that information may be imported to the Services. Our Services also allow you to share information via such SNS profiles, such as referral links. You acknowledge and agree that you are solely responsible for your use of SNSs and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs. You can remove your SNS profile information via your Account Settings, as applicable, at any time. If you disconnect an SNS account that you have previously connected, the SNS public profile data and SNS-provided-e-mail will be deleted from our active databases.
USES MADE OF THE INFORMATION
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services.
“Personally identifiable information” means information that can be used to identify you as an individual, such as, for example:
- ·your name, company, email address, phone number, billing address, and shipping address
- your Surprisly user ID and password
- any account-preference information you provide us
- your computer’s domain name and IP address, indicating where your computer is located on the Internet
- session data for your login session, so that our computer can ‘talk’ to yours while you are logged in.
If you do provide personally identifiable information to us, either directly or through a reseller or other business partner, we will:
- not sell or rent it to a third party without your permission — although unless you opt out (see below), we may use your contact information to provide you with information we believe you need to know or may find useful, such as (for example) news about our services and products including affiliate products, and modifications to the Terms of Service;
- take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;
- not use or disclose the information except:
- as necessary to provide services or products you have ordered, such as (for example) by providing it to a carrier to deliver products you have ordered;
- in other ways described in this privacy policy or to which you have otherwise consented;
- in the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations);
- as required by law, for example, in response to a subpoena or search warrant;
- to outside auditors who have agreed to keep the information confidential;
- as necessary to enforce the Terms of Service;
- s necessary to protect the rights, safety, or property of Surprisly, its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.
Other information we collect
We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our Web site(s); research and development; customer- and account administration; and to help us focus our marketing efforts more precisely.
USE OF COMPUTER TRACKING TECHNOLOGIES
No Tracking of Personal Information
Surprisly’s Site are not set up to track, collect, or distribute personal information not entered by visitors. Through site access logs, Surprisly does collect clickstream data and HTTP protocol elements, which generate certain non-identifying site usage data, such as the number of hits and visits to the Site. This information is used for internal purposes for user analysis and business decision making, which help us provide better services to you. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.
Cookies
Surprisly and/or its third party vendors collects non-identifiable and personal information through the use of various technologies, including “cookies”. A cookie is an alphanumeric identifier that an Internet site can transfer to your hard drive through your browser. The cookie is then stored on your computer as an anonymous tag that identifies your computer, but not you. Cookies may be sent by Surprisly or its third party vendors. You can set your browser to notify you before a cookie is received and/or transmitted, giving you an opportunity to decide whether to accept the cookie. You may also set your browser to turn off and disable cookies; however some Internet sites and some and/or all of our features may then not work properly.
Collection of Non-Identifiable Information
Surprisly may collect non-identifiable information from user visits to the Site in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors, or measuring visitor activity on our Site. Such information is sometimes also known as “clickstream data.” This information may be used individually or in the aggregate, for other additional purposes including technical administration of our Site, research and development, customer and account administration, analysis of trends and statistics, and to help us focus our marketing efforts more precisely.
EXTERNAL DATA STORAGE
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
REFERRALS
The Services allow you to invite your friends to sign up for the Services by sharing a referral link via an SNS, email or other means, or by sending invitations through Surprisly referral page on the App or websites. If you choose to upload your contacts to the Service, we will receive and store those contacts’ information and use it to send invitations on your behalf when you choose to do so. When you refer someone via our App or Site, your referral will include your name and, if shared with us, your photo.
YOUR PRIVACY RESPONSIBILITIES
To help protect your privacy, be sure: · not to share your user ID or password with anyone else; · to log off the Surprisly Web site when you are finished; · to take customary precautions to guard against “malware” (viruses, Trojan horses, bots, etc.), for example by installing and updating suitable anti-virus software.
NOTICE TO EUROPEAN UNION USERS
Surprisly’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States. By providing personal information to us, you are consenting to its storage and use as described herein.
PRIVACY POLICY CHANGES OR UPDATES
We reserve the right to change this privacy policy as we deem necessary or appropriate because of legal compliance requirements or changes in our business practices.
YOUR CHOICES REGARDING INFORMATION
You have several choices regarding the use of information on our Services:
Choices
We offer you choices regarding the collection, use, and sharing of your personal information. We will periodically send you newsletters and e-mails that directly promote the use of our Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.
Cookies
If you decide at any time that you no longer wish to accept cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.
Changes to Personal Information
You may change your personal information in your Account by editing your profile within your Account. You may request that we delete your personal information in your Account, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud prevention or similar purposes.
While we and others give you the choices to control the information collected and used as described in this Privacy Policy, there are many web browser signals and other similar mechanisms that can indicate your choice to disable tracking, and we may not be aware of or honor every mechanism.
Information Disclosed to Third Parties
This Privacy Policy addresses only our use and disclosure of information we collect from and/or about you on the Services. If you disclose information to others, or authorize us to do the same under this Privacy Policy, the use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.
Opt-Out Right
You have the right at any time to cease permitting personal information to be collected, used, or disclosed by Surprisly and/or by any third parties with whom Surprisly has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting Surprisly via e-mail at hello@surprisly.com. After processing the cancellation, Surprisly will delete customer or prospective customer’s personal information from its data base.
ACCESS RIGHTS TO DATA
Information Maintained by Surprisly
Upon your request, we will provide a reasonable description of what types of personally identifiable information Surprisly maintains in its data bank. Surprisly can be contacted by e-mail at hello@surprisly.com.
Corrections and Changes to Personal Information
Help Surprisly keep your personal information accurate. If your personal information changes, or if you note an error upon review of your information that we have on file, please promptly e-mail Surprisly at hello@surprisly.com and provide the new or correct information.
ACCOUNTABILITY
Questions, Comments, Problems and Complaints
If you have a question about this Privacy Policy or a complaint about Surprisly compliance with this Privacy Policy, please contact us by e-mail at hello@surprisly.com.
Terms of Use
If you choose to purchase our products and/or services, your action is hereby deemed an acceptance of Suroprisly practices described in this Privacy Policy. Any dispute over privacy between you and Surprisly is subject to the provisions of this notice and to Surprisly’s Terms and Conditions of Use.
SOCIAL MEDIA CONTENT POLICY AND ACKNOWLEDGMENT
In addition to any rights we may have in Your Content or Comments, by posting content, including but not limited to photographs, videos, comments, and your applicable social media handle to Surprisly-labeled social media, posting such content to your social media accounts using the tag #mySurprisly or otherwise associating such content with the tag #surprisly or other hashtags sponsored or affiliated with Surprisly (“Social Media Content”), you grant Surprisly and any of its third-party content management providers (collectively, the “Licensing Parties”) a perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right and license to display, copy, publish, distribute, transmit, print, create derivative works from, alter, edit and/or use your Social Media Content in any manner to be determined in Surprisly’s sole discretion, including but not limited to on webpages and social media channels operated by Surprisly, and for other marketing and promotional purposes, in any media now or hereafter known, with no obligation to you whatsoever. To the extent your social media username, real name, image, appearance, voice, likeness, caption, location or other identifying information (“Identifying Information”) are included as part of your Social Media Content, you hereby grant the Licensing Parties the right and license to use such Identifying Information in connection with any use of your Social Media Content. We will make commercially reasonable efforts to credit you for any such Social Media Content by posting your handle or byline, however we make no assurance to do so and you agree that we are not required to do so.
When you use the hashtag #surprisly or other hashtags sponsored or affiliated with Surprisly, you represent and warrant that (i) you own all rights in and to your Social Media Content, or are not aware of any third-party rights that must be obtained to grant the Licensing Parties the rights provided herein; (ii) all person(s) appearing in your Social Media Content have granted permission for the uses and rights described herein; (iii) you are of legal age to consent to this agreement; and (iv) you are not aware of any reason why the use of your Social Media Content by the Licensing Parties as described herein will violate the rights of any third party or any law. You agree you will not post or encourage others to post Social Media Content that is unlawful, harassing, defamatory, obscene, libelous, or otherwise objectionable.