SmileTick Privacy Policy
Overview
At SmileTick, we appreciate the trust you place in us. This Privacy Policy explains how GIFT CURATED, LLC (collectively, “SmileTick,” “we,” “us,” or “our”) collect, use, share and process your information as well as the rights and choices you have associated with that information. This Privacy Policy applies to all personal information collected during any written, electronic, and oral communications or collected online or offline, which include: our website, located at smiletick.com (“the Site”) through our mobile application as well as any other written, electronic, and oral communications with SmileTick and its representative parties (collectively, the “Services”).
Please read our Terms and Conditions and this Policy before accessing or using our Services. If you cannot agree with this Policy or the Terms and Conditions, please do not access or use our Services. If you are located in a jurisdiction outside the European Economic Area, by using our Services, you accept the Terms and Conditions and accept our privacy practices described in this Policy.
We may modify this Policy at any time, without prior notice, and changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your Personal Information that impact your rights under this Policy. If you are located in a jurisdiction other than the European Economic Area, the United Kingdom or Switzerland (collectively “European Countries”), your continued access or use of our Services after receiving the notice of changes, constitutes your acknowledgement that you accept the updated Policy.
In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.
What Categories of Information We Collect
We collect a variety of types of information. Examples include:
- Identifiers and contact information, such as your name, address, phone number, or email address
- Purchase or other commercial information, such as the items you purchase, items you have custom made, shipping address, and contact information
- Payment information, such as your payment method and billing address
- Profile and account information, which may include Contact, Purchase, and Preference information as well as your account password, information about Saved items, items in your online shopping cart or saved for future purchase, product review information, and Rewards points information, address book entries, and other information about your profile or account
- Preference information, such as your contact and marketing preferences, and interests
- Communications and interactions, which may include email messages, chat sessions, text messages, and phone calls that we exchange with you
- Call recordings, including information about your call and that you share when you call us on the phone
- Location or geolocation information of your device that you use, if your device settings allow us to collect location information
- Demographic information, which may include age or birthdate, gender, ZIP code, your status as a Loyalty member, and other information about you
- Device and browsing information and other Internet activity information, including information about your phone, tablet, computer, or device, and online browsing activity (collectively, “automatically collected information”). Automatically collected information may include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and Internet service provider information. Automatically collected information also may include information about when and how you access and use our websites or mobile applications, such as the date and time of your visit or use, the websites you visit before coming and after leaving our website, how you navigate and what you search for using our website, the website pages and items you view using our website and, and the items you purchase
- Inferences about any of the information above that may relate to your preferences, or other matters
How We Collect Information
We collect information on our website, and during calls, chats and texts with you. We also obtain information from you and from third parties. For example, we collect and obtain information:
- You provide, such as when you make a purchase, interact with a sales representative, contact us, register for a Loyalty or online account, participate in a contest or sweepstakes, respond to a survey, engage in a promotional activity, register to attend an event, apply for employment, or sign up for emails or marketing
- From our affiliates that you have interacted with
- From third parties, such as service providers that we use, analytics companies, advertising networks and cooperatives, demographic companies, third parties that provide us with information about you and the different devices you use online, and other third parties that we choose to collaborate or work with
- From social media platforms and networks that you use in connection with our website, or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, Tik Tok and Instagram. For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our website, we will collect the information that you share with us, or that those social media platforms or networks share with us. For more information about social media platform and network privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use;
- Using cookies and automatic collection methods. For example, we and third parties we work with may collect information from the computer, tablet, phone, or other device that you use to access our website, or that you use to open an email or click on an advertisement from us. This collection includes automatically collected information, and generally does not include personal information unless you provide it through our website or you choose to share it with us. Methods we use include:
- Cookies (which may be session-based or persistent, and are typically small data files that are stored on your hard drive or in connection with your Internet browser);
- Web beacons or tags (small images embedded into websites or emails that send information about your computer, tablet, phone, or other device when you visit our website or open an email we send to you);
- Website log files (created automatically in connection with access to and use of our website)
- Other technologies (which may be similar to or different from the methods noted above).
We may use cookies, tags, and similar technologies to automatically collect information on our Services. These tracking technologies allow our technology partners to collect information including your computer’s IP address, your mobile device identifier, the type of internet browser you are using, operating system, referral URLs, date/time stamps, pages viewed, and simple keyword tags. Cookies or tags are bits of code that allow our technology partners to collect information including your computer’s IP address, your mobile device identifier, the type of internet browser you are using, operating system, referral URLs, date/time stamps, pages viewed, and simple keyword tags. We also use web pixels to analyze usage patterns on our Site.
- Cookies. The cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information.
Generally, we use first-party and third-party cookies for the following purposes: to make our Services function properly; to provide a secure browsing experience during your use of our Services; to collect passive information about your use of our Services; to measure how you interact with our marketing campaigns; to help us improve our Services; and to remember your preferences for your convenience.
We use the following types of cookies on our Services:
Strictly Necessary Cookies. These cookies are essential because they enable you to use our Services. For example, strictly necessary cookies allow you to access secure areas on our Services. Without these cookies, some services cannot be provided. These cookies do not gather information about you for marketing purposes. This category of cookies is essential for our Services to work and they cannot be disabled.
Functional Cookies. We use functional cookies to remember your choices so we can tailor our Services to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Services. We do not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Services.
Performance or Analytic Cookies. These cookies collect passive information about how you use our Services, including webpages you visit and links you click. We use the information collected by such cookies to improve and optimize our Services. We do not use these cookies to target you with online marketing. You can disable these cookies.
Advertising or Targeting Cookies. These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests. Our third-party advertising partners may use these cookies to build a profile of your interests and deliver relevant advertising on other sites. You may disable the use of these cookies as set forth below.
- Other Tracking Technologies. To see how successfully our marketing campaigns or other Site goals are performing we sometimes use conversion pixels, which fire a short line of code to tell us when you have clicked on a particular button or reached a particular page (e.g. a thank you page once you have completed the procedure for subscribing to one of our services or have completed one of our forms). We also use web pixels to analyze usage patterns on our Site. The use of a pixel allows SmileTick to record that a particular device, browser, or application has visited a particular webpage.
- Your Choices. Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Sites by taking the steps outlined below.
First-Party Cookies. You can use the browser with which you are viewing this Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Services may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.
Mobile Advertising: We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:
- Google Chrome
- Internet Explorer
- Mozilla Firefox
- Safari (Desktop)
- Safari (Mobile)
- Android Browser
- Opera Mobile
- Analytics. If you are not located in the European Countries, we may use third-party service providers to monitor and analyze the use of our Site. Presently, we use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en . Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout . If you are located in the European Countries, and the Google Analytics is structured to collect Personal Information, the cookie banner on our website will provide you the opportunity to consent to Google Analytics.
- Behavioral Remarketing. We also use remarketing services to advertise on third-party websites to you after you visited our Site or services. If you are not located in the European Countries, we and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service. We use Google Ads for these purposes. Google Ads remarketing service is provided by Google. You can opt-out of this by visiting the Google Ads Settings page: http://www.google.com/settings/ads . If you are located in the European Countries, and the Google Ads is structured to collect Personal Information, the cookie banner on our website will provide you the opportunity to consent to Google Ads.
- Other Tracking Technologies.We may also use Tracking Technologies to collect “clickstream” data, such as the domain name of the service providing you with Internet access, your device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our Site, webpages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Site for the same purposes.
Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Pages of our Site may also use php scripts, which are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components; entity tags, which are HTTP code mechanisms that allow portions of websites to be stored or “cached” within your browser to accelerate website performance; and HTML5 local storage, which allows data from websites to be stored or “cached” within your browser to store and retrieve data in HTML5 pages when the website is revisited.
- Do Not Track. Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Site does not currently process or respond to “DNT” signals.
- Location Information. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third-parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.
How We Use Information
We use the information that we collect to conduct our business and to provide you with the best possible products, services, and experiences. We also may combine any or all of the information that we collect or obtain. Examples of how we use information include:
- To provide you with products and services, such as to: fulfill your orders and process your payments; process, maintain, and service your account(s); and to provide you with products and services that we think you will like;
- To respond to you, such as when you: place an order; call us; make a request or inquiry; enter a contest or sweepstakes; complete a survey; or share a comment or concern;
- For personalization of your experiences with us, including to: remember your interests and preferences; customize the products and services we share with you; facilitate your interactions with our sales representative; track and categorize your activity and interests on our website, including by identifying the different devices you use; and to enrich your experience on our website;
- For marketing and advertising, such as to: send you marketing and advertising communications; and to customize the marketing and advertising that we show you (we offer choices about marketing and advertising as noted in the “Your Choices” section below);
- For analytics, such as to: understand how you use our website; understand how you shop with us; determine the methods and devices used to access our website; and improve our website;
- For our business purposes, such as: to operate and improve upon our business and lawful business activities; to maintain our programs, accounts, and records; for research; to determine your satisfaction with our products and services; to detect and prevent fraud or misuse of our services; and for any other business purpose that is permitted by law;
- For legal and safety purposes, such as to: defend or protect us, our customers, you, or third parties, from harm or in legal proceedings; protect our rights; protect our security and the security of our customers, employees, and property; respond to court orders, lawsuits, subpoenas, and government requests; address legal and regulatory compliance; and notify you of product recalls or safety issues.
How We Share Information
In general, we do not share personal information about you with third parties for third-party marketing or advertising purposes. We do share personal information with third parties for other purposes. For example, we share personal information with:
- Third parties and service providers that provide products or services to us, that help us market or advertise to you (including co-branded marketing and advertising), or that provide products or services to you. We may use third parties or service providers to help with auditing interactions and transactions with you, addressing security, fixing errors, helping us with advertising or marketing, maintaining accounts and providing customer service, helping with our internal research, verifying service quality or safety, and performing any of the other actions or activities allowed under this Policy;
- Social media platforms and networks such as Facebook, Twitter, Pinterest, and Instagram that offer functionalities, plugins, widgets, or tools in connection with our website. If you choose to use these functionalities, plugins, widgets, or tools, certain information may be shared with or collected by those social media companies—for more information about what information is shared or collected, and how it is used, see the applicable social media company’s privacy policy;
- Parties to business transactions such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party;
- Additional third parties such as law enforcement, government entities, courts, or other third parties as required or allowed by applicable law, such as for the legal and safety purposes described under the “How We Use Information” section above, or otherwise to help prevent harm or fraud to us, you, our customers, or other third parties. We also may share personal information with third parties upon your request or with your approval, though we may not be able to accommodate all requests.
We take reasonable steps to ensure that your personal information is accurate, complete, and up to date. You have the right to access, correct, or delete the personal information that we collect, subject to certain exceptions. To protect the privacy and the security of your personal information, we may request data from you to enable us to confirm your identity and right to access such data, as well as to search for and provide you with the personal data we maintain. There are instances where applicable laws or regulatory requirements allow or require us to refuse to provide or delete some or all of the personal information that we maintain. You may Contact Us to exercise your rights, or if you want to delete your user datas: [email protected]
Retention
We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
If you send us correspondence, including emails, we retain such information electronically in the records of your account. We will also electronically retain customer service correspondence and other correspondence from SmileTick to you. We retain these records to measure and improve our customer service and to investigate potential fraud and violations. We may, over time, delete these records as permitted by law.
SmileTick will also retain Site and service usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site, or we are legally obligated to retain this data for longer periods.
Third-Party Websites
Our Site may contain links to third-party sites. This Privacy Policy does not apply to those third-party sites. We recommend that you read the privacy statements of any other sites that you visit as we are not responsible for the privacy practices of those sites.
Online Advertising and Third Parties We Work With
We work with third-party companies for advertising purposes, including to: serve advertisements across the Internet; track and categorize your activity and interests over time on our website, and on third-party websites and mobile applications; and to identify the different device(s) you use to access our website. We share information with these companies, and these companies may collect information—including automatically collected information when you use our website—through the methods described in the “How We Collect Information” section above (see “Using cookies and automatic collection methods”). These third-party companies also may possess or obtain information about you from your interactions: directly with the third-party companies; with other websites, mobile applications, or companies that the third-party companies work with; or from your interactions with advertisements the third-party companies help to display to you. The information that these companies collect or that we share may be used to customize or personalize the advertisements that are displayed to you.
We may share personal information with the third-party companies we work with for our purposes, though in general we do not share personal information about you with third parties for third-party marketing or advertising purposes. We may also share other information at our discretion, including automatically collected information, which may be used by third parties for third-party marketing, advertising, and other purposes. For information about the choices you have about the online advertising practices described in this section, please see the “Your Choices and Access Requests” section below.
Your Choices and Access Requests
We strive to offer you choices about how personal information is used and shared. Your choices include:
- Online Advertising. You can manage third-party advertising preferences for some of the third parties we work with to serve advertising across the Internet by using the choices available at http://www.networkadvertising.org/managing/opt_out.asp. We do not guarantee that all of the third parties we work with will honor the elections you make using those options, but we strive to work with third parties that do.
- Social Media Platforms and Networks. We encourage you to review your privacy options and settings with the social media platforms and networks you use to understand what choices you have about sharing information from those platforms and networks with us.
- Email Choices. You can opt out of marketing or advertising emails by using the “unsubscribe” link or mechanism noted in marketing or advertising emails you receive from us.
- Telephone Choices (calls and texts). You may opt out of receiving marketing or advertising calls or text messages by contacting us.
- Access Requests. If you have registered for an online account, we allow you to access and update certain personal information that you have provided to us by logging into your online account and using the features and functionalities available there. Unless alternate procedures are noted for your state in the “Notices, Disclosures, and State-Specific Rights” section below, you may also make a request for access to personal information by sending an email or writing to us at the address specified in the “Additional Information and Contacting Us” section below. We are not able to grant all access requests, and we may request additional information from you to verify your identity before accommodating an access request.
Security and Fraud
We take steps to help protect the confidentiality and security of personal information you share with us through our website. In general, information transmitted through the Internet may not be perfectly secure, and we are unable to guarantee the security of your personal information. We encourage you to take steps to help protect the confidentiality and security of your account and personal information, including by doing the following:
- Reviewing your SmileTick account periodically and immediately reporting any unexpected activity or unrecognized information;
- Installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses;
- Using complex passwords (a minimum of 7 alpha/numeric cAsE sEnsitive characters);
- Not using the same password on more than one website;
- Not sharing your password with others;
- Password protecting your computer and mobile device; and
- Signing out/logging off of website sessions so that your session is closed, especially when using a public computer.
Notices, Disclosures, and State-Specific Rights
- Links to Other Websites and Services. Our website may provide links to other Internet sites, content, or videos (embedded or direct links) maintained by third parties. We are not responsible for the sites, content, or videos accessed via the links, and we have not reviewed the privacy practices of those third parties. We encourage you to review the privacy practices of those third parties.
- Browsers Do Not Track Signals. While we strive to offer you choices when you use our website, we do not promise that we will be able to receive or honor web browser Do Not Track signals.
- California Privacy Rights.
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), below is a summary for the last twelve (12) months of the personal information categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect the personal information, where we obtain the personal information, and the third parties that we may share the personal information.
We generally collect the following categories of personal information when you use our Services:
- identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
- commercial information such as records of products or services purchased, obtained, or considered by you;
- Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
- your geolocation, to the extent you have configured your device to permit us to collect such information;
- audio recordings of your voice to the extent you call us, as permitted under applicable law;
- inferences about your preferences, characteristics, behavior and attitudes.
We generally do not collect protected classifications about our users, biometric information, professional or employment-related information, or education-related information. For more information about the personal information we collect and how we collect it, please refer to sections 1 and 2 above.
We collect your personal information for the business purposes described in section 3. The CCPA defines a “business purpose” as the use of personal information for the business’s operational purposes, or other notified purposes, provided the use of personal information is reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or another operational purpose that is compatible with the context in which the personal information was collected.
The categories of third parties with whom we may share your personal information are listed above in section 4, above.
If you are a California resident, you have rights in relation to your personal information; however, your rights are subject to certain exceptions. For instance, SmileTick cannot disclose specific pieces of personal information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the personal information, your account with us or the security of our network systems. To assert your right to know or your right to delete your personal information, please contact us by email at [email protected]. To confirm your identity, we may ask you to verify personal information we already have on file for you. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
Right to Know. You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific personal information we collected about you during the 12 months before your request.
Right to Delete. You have the right to request us delete any personal information we have collected from you or maintain about you, subject to certain exceptions.
Right to Opt-Out of Selling. You have the right to opt-out of having your personal information sold. We do not sell your personal information. The CCPA broadly defines “personal information” and “selling” such that sharing identifiers linked to you for a benefit may be considered a sale. In 2019, we were sharing identifiers and inferences about you with our partners, third parties and affiliates in such a way that, under the CCPA, may be defined as selling. As noted above, you have the right to know the categories of personal information that we sold about you and the categories of third parties with whom we shared such information.
In addition, California Civil Code Section 1798.83 permits customers of SmileTick who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. In your request, please specify that you want a “California Shine the Light Notice.” Please allow 30 days for a response. To make the request, please click “Do Not Sell My Personal Information” .
Right to Opt-Out of Selling. You have the right to opt-out of having your personal information sold. We do not sell your personal information. The CCPA broadly defines “personal information” and “selling” such that sharing identifiers linked to you for a benefit may be considered a sale. In 2019, we were sharing identifiers and inferences about you with our partners, third parties and affiliates in such a way that, under the CCPA, may be defined as selling. As noted above, you have the right to know the categories of personal information that we sold about you and the categories of third parties with whom we shared such information.
In addition, California Civil Code Section 1798.83 permits customers of SmileTick who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. In your request, please specify that you want a “California Shine the Light Notice.” Please allow 30 days for a response.
International Shipments
If you provide personal information through our website separate from a purchase, you agree that the personal information will be transferred to and processed in the United States of America and any other country or jurisdiction at our sole discretion. The laws that apply to the use and protection of personal information in the United States or other countries or jurisdictions in which we transfer or process personal information may be different from the laws and protections in your country.
Payments
We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.
Please see the PayPal Privacy Policy for more details.
Additional Information and Contacting Us
If you have questions about this Policy or our privacy practices, or concerns regarding any information in this Privacy Policy, please contact us by email at [email protected]. You can also contact us via Livechat at our Site.
Updates to This Policy
We may make changes to this Policy, and may apply any changes to information previously collected, as permitted by law. When we make material changes to this Policy, we will notify you by posting the updated Policy on our website, and we will update the effective date at the end of this Policy.
Effective Date
This Policy is effective January 10, 2023.