PRIVACY POLICY

Our Commitment to Privacy

This Privacy Policy ("Privacy Policy") was developed as an extension of the commitment made by SendTree, LLC (collectively referred to as "SendTree," "we," or "us.") to combine quality products and SendTree Services with integrity in dealing with our customers. This Privacy Policy explains how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using the SendTree Services. This Privacy Policy applies to the SendTree User Agreement (found at https://www.sendtree.com/user-agreement) and all SendTree Services. Capitalized terms not defined herein shall have the meanings stated in the SendTree User Agreement.

Residency and Age Requirement

You must be a resident of the United States of America or Canada, and be at least 18 years of age to use, access, or register for, the SendTree Services or to submit personally identifying information to SendTree via any website owned or operated by SendTree ("Websites").

Additionally, if we obtain actual knowledge that a User is under the age of 13, we will take reasonable steps to remove that User's Active Information and Passive Information (both defined below) from our databases. We recommend that anyone under the age of 18 obtain their parent's permission before submitting information over the internet. By using the SendTree Services, you are representing that you are at least 18 years old.

What Information Do We Collect?

When you use the SendTree Services you may provide us with two types of information: Active Information (defined below), which is personal information you actively choose to disclose, and Passive Information (defined below), which is information collected in a way not visible to you and on an aggregate anonymous basis as you and others use the SendTree Services and browse our Websites.

Active Information You Choose to Provide

In consideration for your use of, or access to, the SendTree Services, we may require you to disclose information, including the following: your name, your organization's name (if any), your email address, and in some cases, your phone number. If you make any purchases from us, those purchases will be facilitated by a third party payment processor such as PayPal®, Amazon.com®, Stripe™, Google Checkout™, or another payment processor we may select from time to time. If you complete a purchase, the payment processor will grant us access to your name, address, phone number, and email address as provided by the third party payment processor (personal identifying information referenced in in this paragraph is collectively referred to as "Active Information").

SendTree may use your Active Information:

  1. to communicate with you, or respond to your inquiries, about the SendTree Services, related third party products, or your Account via mail, email, text messages, telephone call, or other communications channels;
  2. to deliver, administer, and enhance the SendTree Services and any other SendTree product or service that you use or we may develop in the future;
  3. to send you information, updates, or offers about the SendTree Services;
  4. in the event that you have submitted fraudulent or otherwise invalid information to us;
  5. as required by law or if SendTree reasonably believes that use or disclosure is necessary to enforce this Agreement, protect our rights or to comply with a law, court order, or any legal process;
  6. to disclose to a third party in the event SendTree, or its assets or stocks, are sold, acquired, or merged;
  7. to provide it to those third parties who provide services to SendTree, such as website, database, email, and server hosting, data analysis, payment processing, order fulfillment, product distribution, IT services, telecom services, credit card processing, auditing services, and other similar services. However, these third parties do not have any independent right to share your Active Information;
  8. we believe that you may harm, or have harmed, the property or rights of us, users or any other third party, which includes the act of utilizing the SendTree Services or Websites to distribute unsolicited email or text messages or to make unsolicited telephone calls, or to send any emails, text message or make telephone calls in violation of any law or regulation;
  9. disclosing your e-mail address with other third-parties for suppression purposes in compliance with the requirements of the CAN-SPAM Act of 2003, as amended from time to time ("CAN-SPAM") or any other applicable state or federal law, rule or regulation; or,
  10. when we otherwise deem it necessary or appropriate.

In addition, you agree that by submitting your Active Information, you are making a purchase, an inquiry and/or an application for purposes of the Telemarketing Sales Rule, 16 CFR §310 et seq., and for the purposes of the state and federal law. Notwithstanding that your telephone number may be listed on the Federal Trade Commission's or a state Do-Not-Call List, you agree that we may contact you via telemarketing in accordance with the state and federal law.

Passive Information Collected

The SendTree Services and Websites collect information about your computer hardware and software, such as browser information, Internet protocol ("IP") address, access times, the date and time of visits, the website pages viewed, time spent at our Websites, websites that you visited just before and just after your visit to our Websites, and other information collected through cookies, pixel tags, mobile applications, and other technologies ("Passive Information"). We collect Passive Information to gather information about our users and to enhance and design our Websites to make it easier, faster and friendlier to use. Additionally, cookies help us know information about how many people visit our Websites, when they visit and how they use the SendTree Services. Passive Information may result in your viewing of particular advertising based on your user habits for your viewing on our Websites and a shopping experience customized to you.

If you do not wish to transmit such information about yourself, you may turn off the cookie function in your web browser. Please consult the "Help" section of your web browser in order to correctly turn off or disable the cookie functions. However, please be advised that turning off or disabling the cookie functions on your web browser may prevent the SendTree Services from properly recognizing you when you visit our Websites, and consequently may make your use of the SendTree Services more difficult or invalid.

Our Website's servers also automatically identify your computer by its IP address, which is a unique string of numbers that is assigned to your computer by your Internet SendTree Services provider. IP addresses are automatically logged by web servers, collecting information about a user's traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the Internet. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Your IP address may be used to address problems with our server, administer the SendTree Services and Websites and/or to gather broad demographic information about our users. Finally, the other websites that you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, as well.

You grant permission to SendTree and our licensors to use, reproduce, copy, and publish your Passive Information for any lawful purposes, including to unaffiliated third parties for marketing and selling their products and services. When we use third-party advertising companies to serve ads to you via our SendTree Services and Websites, these companies may use information (not including any personally-identifying information) about your visits to our Websites and other websites that are contained in cookies in order to provide advertisements about the SendTree Services, other SendTree goods and services, and the goods and services of third parties, that may be of interest to you. However, SendTree agrees not to sell any of your Passive Information unaffiliated third parties.

You also grant permission to SendTree to use your Passive Information for the purposes stated in the Active Information You Choose To Provide Section herein.

Using a tool created by the Network Advertising Initiative, you can opt out of several third party ad servers' and networks' cookies simultaneously. If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the following link: http://networkadvertising.org/managing/opt_out.asp. SendTree is not affiliated with Network Advertising Initiative and does not make any representations or warranties regarding the information or services provided by the Network Advertising Initiative. Your use of the Network Advertising Initiative is governed by its terms of service and not the SendTree User Agreement. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.

How Do We Secure Active Information and Passive Information?

We use reasonable organizational, technical, and administrative measures to protect your Active and Passive Information from unauthorized access or disclosure, or accidental loss or destruction. You agree to notify SendTree immediately if you suspect that there has been a breach of your Account, or that your user identification and password or interaction with the SendTree Services is no longer secure. Communications you may have with us via email or mail may not be secure unless we advise you that security measures are in place prior to your sending information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we request that you do not send or post sensitive information through these means.

When You Login Through 3rd Party Websites

You may use your credentials from an account that you already have with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook®, Google+™, LinkedIn® and Twitter®) to create an Account to use or access the SendTree Services. For example, you can use your Facebook® account credentials through Facebook Connect™ to create an Account. If you do not already have an Account and you click on "Sign in Using Facebook®," you will first be asked to enter your Facebook® credentials and then be given the option to create an Account to use the SendTree Services. If you decide to create an Account by logging into a SNS account via the SendTree Services, you authorize SendTree to collect the personal information you have already provided to the SNS (such as your "real" name, email address and other information you make publicly available via the SNS) and use that personal information to create your Account.

The personal information we collect from your SNS account may depend on the privacy settings you have with the SNS, so please consult the SNS's privacy and data practices. For example, by using Facebook Connect™, you authorize SendTree to access the personal information in your Facebook® account pursuant to the Facebook Terms of Use. We may share the information contained in your SNS account (including your personal information) with other SNS account that you have linked to your Account. Third party SNS have access to your personal information only for this purpose (unless the SNS has received your personal information independently of the SendTree Services) and not for any other purposes. If you decide at any time that you no longer wish to have your SNS account linked to your Account, then you may de-link the SNS account in the "My Organization" section in your Account settings.

Opt-Out Right and Information Access

If at any time you do not wish to receive the communications stated herein from SendTree or third-party advertising companies, you may "opt-out" by contacting us at SendTree LLC, 17 South 6th Street Suite X, Lafayette, IN, 47901 or by email at subscriptions@sendtree.com. However, it may take up to ten (10) days for the change to be fully effective. Additionally, if you wish to access, delete or correct any of your information contained in or on the SendTree Services or your Account, please login to your Account or contact SendTree via the contact information provided in this Section.

California Residents

If you are a California resident, you have the right to receive: a) information identifying any third party company to whom we may have disclosed personal information pertaining to you and your family for the company's direct marketing purposes, within the past calendar year; and b) a description of the categories of personal information disclosed. To obtain such information you must make a request in writing. Your request must include your name and email address, the URL for the website you visited, and a return address or it will not be processed. We will not honor such requests more than once per calendar year. Please mail your request to SendTree LLC, 17 South 6th Street Suite X, Lafayette, IN 47901.

Do Not Track

California law requires that operators of website and online services disclose how they respond to a Do Not Track signal and whether other third parties may collect personally identifiable information about an individual's online activities from their website or service. Some browsers have incorporated "Do Not Track" features. Most of these features, when turned on, send a signal or preference to the website or online service that a user visits, indicating that the user does not wish to be tracked. Because there is not yet a common understanding of how to interpret Do Not Track signals, the SendTree Services and Websites do not currently respond to Do Not Track signals. Our business partners and advertising networks that serve interest-based advertisements through the SendTree Services and our Websites have limited access to a small amount of information about your profile and your device, which is necessary to serve you advertisements that are tailored to your apparent interests, and it is possible that they may reuse this small amount of information on other websites or services.

Third Party Services

Unless otherwise expressly stated, this Privacy Policy does not address, and SendTree is not responsible for, the privacy, information, or other practices of any third parties, including any links to third party websites or third party promotions. Any links to other websites not under the control of or maintained by SendTree are for your convenience only and are not an endorsement by SendTree of the third party or its products or services.

Privacy Policy Changes

This Policy may be updated from time to time. Please review it periodically as your use of the SendTree Services or Website constitutes your agreement to this Privacy Policy as amended. Changes to the Privacy Policy will become effective when posted online. This Privacy Policy was last updated on March 9, 2015.