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This privacy policy (the “Privacy Policy”) serves to inform you of our policies and procedures regarding the collection, use, and disclosure of the information we receive when you access and use the website (the “Site”), services, software, content, and all other products and services (all of the foregoing collectively, the “Services”) owned, controlled, or offered, directly or indirectly, by Blue Makalu, Inc. dba Zwishes (together with its subsidiaries and affiliates, “Zwishes”, “we,” “our” or “us”).

Zwishes believes that the privacy of its users is paramount and strives to use personal information (as defined below) only in ways outlined in this privacy policy.

The privacy policy is incorporated by reference into our terms of service, currently available at Terms of Service (the “Terms of Service”).

Any terms used herein and not defined will have the meanings given to them in the terms of service.

By using the services, you hereby warrant and represent that you have read, understand, and agree to this privacy policy and the terms of service and that you are over 18 years of age.

Please do not use or access the services if you do not agree to this privacy policy.

What we mean by personal information

For purposes of this privacy policy, “personal information” means any information from or about a person that either identifies that person directly or that makes that person identifiable when it is combined with other information from or about that person from any source.

Information we collect

When you use the services or otherwise communicate with us, we collect information that you provide to us directly.

For example, we collect information in the following circumstances: you

(i) visit the site,

(ii) register for the services or create an account or profile or accept the creation of an account or profile on your behalf (an “Account”),

(iii) access the services through social networking sites or third-party services,

(iv) subscribe to newsletters,

(v) purchase a product or service on the site,

(vi) invite your friends to join the services, “share” the services on social networking sites or perform other similar actions,

(vii) request technical support,

(viii) otherwise use online services where personal information is required for such use and/or participation,

(ix) when you sign up for a newsletter,

(x) when you contact us via the site or when you otherwise communicate with us.

You can choose not to provide information that is requested of you by us; however, this may limit your ability to use or access the services.

The information you provide to us directly may include, without limitation, the following information that may, alone or in combination with other data, constitute personal information:

Information you provide in connection with completing a transaction or purchase using the services as a gifter, including your name, e-mail, and any other information you decide to provide;

Information you provide in connection with registering an account as a creator, including your name, e-mail, mailing address, and any other information you decide to provide;

Information you provide via email, through the “contact” section on the site or by using the contact details listed on various parts of the site, including your name, e-mail, inquiry, and any other information you decide to provide;

Information you provide via our support channels, through intercom, instagram, and twitter, including social media profile information, order information, and any other information you decide to provide;

Information you provide in order to subscribe to our newsletters and updates, including your e-mail, the topic for which you wish to receive updates, or any other information you decide to provide us with.

You may always unsubscribe from these emails by following the instructions included;

If you are one of our customers, suppliers, or prospects, we may process limited personal information in the course of our business relation with you, for example when you place an order, request a demo, or vice versa.

Such personal information may include your name, company, title, e-mail, telephone number, address, order details, and where applicable and relevant, credit registrations and credit limits;

Transaction and limited (non-pci) payment data; and

Any other information you may want to share with us, such as personal information related to recruitment/job applications.

Moreover, if you contact us, a record of such correspondence may be kept.

Additionally, if another user refers you to us by providing us with your e-mail, we may send you a message.

However, we will use your e-mail only to send such other user’s message unless you otherwise affirmatively provide your information to us.

Automatically collected information

Most of the data we collect in and through the site and the services is technical in nature and is collected and processed automatically through so-called application programming interfaces, software development kits, cookies, and similar software-based technologies.

Alone or in combination with other data, such automatically collected data may constitute personal information.

The data we may collect by automated means may include, without limitation:

Usage data: including, but not limited to, search terms entered and pages viewed.

Network and internet information: including, but not limited to, urls, internet protocol addresses, bounce rates, use of spoofing, active (tcp/ip) ports, number of sessions initiated, click streams, location information, and network/wi-fi access points.

Information we collect on the use of the site via cookies: please see the “how we use cookies and other technologies” section below for more information.

Google analytics is an element of the site.

By using cookies, google analytics collects and stores data such as the time of visit, pages visited, time spent on each page of the site, the internet protocol address, and the type of operating system used in the devices used to access the site.

By using a browser plugin available at plugin provided by google, you can opt-out of google analytics.

Information you post on the services

The services may provide chat, forum, or bulletin board tools to users and the ability to create an “avatar,” cover picture, or other customized profile and account information for creators.

Information that you provide through the use of these tools will be available to the public generally.

Zwishes has no obligation to keep private any information that you disclose to other users or the public using these functions.

You should exercise caution when deciding to disclose personal information through the use of these tools or functions.

We strongly recommend that you do not post any information through the services that allows strangers to identify or locate you or that you otherwise do not want to share with the public.

Notwithstanding the above, a creator’s delivery address and email address provided to us in order to receive gifts from the creator’s wish list will not be available to the public generally or to the gifter.

Information you share on third-party websites or through social media services

The services may include links to third-party websites and social media services where you will be able to post comments, stories, reviews, or other information.

Your use of these third-party websites and social media services may result in the collection or sharing of information about you by these third-party websites and social media services.

We encourage you to review the privacy policies and settings on the third-party websites and social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those third-party websites and social media services.