Privacy Policy

Last Updated: January 2, 2019

Thank you for visiting the ShopGalaTM website located at www.shopgala.com (the “Site”). The Site is an Internet property of ShopGala LLC (“ShopGalaTM,” “we,” “our” or “us”). This ShopGalaTM Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when an end-user visitor to the Site (“user,” “you” or “your”) accesses or uses: (a) the Site; (b) the Site’s viewable text, graphics and other material (collectively, “Content”); (c) a variety of printable, web-based coupons ("Printable Coupons") and online coupon codes ("Coupon Codes," and together with Printable Coupons, “Coupons”), as made available on or through the Site by ShopGala’sTM third-party coupon provider partners ("Coupon Providers"); (d) the sample program (“Sample Program”), that will enable you to register for the opportunity to receive free samples and other discounted merchandise (collectively, the “Samples”), as made available on the Site by ShopGala’sTM third-party sample providers (“Sample Providers,” and together with the Coupon Providers, the “Merchants”); (e) links to ShopGala’sTM social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites, such as Facebook® (“Social Media Websites”); and/or (f) certain promotions, contests and/or sweepstakes offered by ShopGalaTM by and through the Site, and otherwise, from time to time (collectively, “Contests,” and together with the Site, Content, Coupons, Samples and Social Media Pages, the “ShopGalaTM Offerings”).

Capitalized terms not defined herein shall have the meanings set forth in the ShopGalaTM Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE UTILIZE THE SITE OFFERINGS.

Your California Privacy Rights

If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please e-mail us at: support@shopgala.com; or send us mail to: 1550 Larimer Street, Suite 893 Denver, CO 80202.

Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third-party for marketing purposes, please e-mail us at: support@shopgala.com; or send us mail to: 1550 Larimer Street, Suite 893 Denver, CO 80202.

Personal Information Collected

For the purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual. We collect personal information when you access certain of the ShopGalaTM Offerings and complete the required information request form and/or otherwise provide such information to us. Where a user attempts to utilize the ShopGalaTM Offerings, that user may be required to submit, and ShopGalaTM may collect, some or all of the following information: (a) full name; (b) full mailing address; (c) telephone number; (d) e-mail address; (e) date of birth; (f) gender; and (g) any other information requested on the Form. In addition, where a user enters a Contest and, where applicable, is selected as a potential prize winner in connection therewith, ShopGalaTM may collect some or all of the following: (i) Social Security Number (for prize winners); (ii) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (for prize winners); and (iii) any other information requested in connection with the applicable Contest.

Use of Personal Information

By submitting your personal information by and through the ShopGalaTM Offerings, you agree that we may share, sell, rent, lease or otherwise provide that personal information to any third-party for any purpose permitted by law, and we may work with other businesses to bring selected retail opportunities to our users. These businesses and third-parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. We may also use your personal information to send you promotional messages regarding various ShopGalaTM products and/or services, as well as third-party products and/or services that we think may be of interest to you.

Where you submit personal information, we use the personal information that you make available to personalize your experience with the Site and to facilitate the delivery of the applicable ShopGalaTM Offerings to you, including to respond to any inquiries made by you.

You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the ShopGalaTM Offerings, and to keep you informed of our other products and services.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users’ personal information as needed to perform these functions for us, but we do not permit them to use user personal information for other purposes.

We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the ShopGalaTM Offerings and/or to contact you when necessary in connection with your use of the ShopGalaTM Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the ShopGalaTM Offerings. We may also combine the information we have gathered about you with information from other sources.

By submitting your personal information by and through the ShopGalaTM Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls from ShopGalaTM, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the ShopGalaTM Offerings, and your consent simply allows ShopGalaTM to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify ShopGalaTM of the Phone Number Change via e-mail at: support@shopgala.com, or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past personal information: (A) in the event that we believe that the ShopGalaTM Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (B) if the information is subpoenaed or requested pursuant to any court order or legal proceeding; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena/court order, prior to disclosure of any personal information pursuant to a subpoena; or (C) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if ShopGalaTM is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.

You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time-to-time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.

Non-Personal Information Collection and Use

IP Addresses/Browser Type

We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the ShopGalaTM Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the ShopGalaTM Offerings.

Cookies

When a user visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable user’s computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the ShopGalaTM Offerings, including for storing user preferences and tracking Site-user trends (such as pages opened and length of stay at the Site).

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a user rejects a Cookie, he or she may still use the ShopGalaTM Offerings; provided, however, that certain functions of the ShopGalaTM Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.

Notwithstanding any other provision, we partner with third parties that collect information across various channels, including offline and online, for purposes of delivering more relevant advertising to you or your business Our partners may place or recognize a cookie on your computer, device, or directly in our emails/communications, and we may share personal information with them if you have submitted such information to us, such as your name, postal address, email address, or device ID. Our partners may link the hashed or obfuscated personal information we share with them to the cookie stored on your browser or device, and they may collect information such as your IP address, browser or operating system type and version, and demographic or inferred-interest information. Your data may be transferred outside of the country from which it was originally collected. To learn more about interest-based advertising in general and to opt out, please visit http://www.aboutads.info/choices. To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.

Behavioral Tracking

ShopGalaTM, as well as third party entities such as Google®, Bing® and Facebook®, use Cookies, pixels and other tracking technology (collectively, “Tracking Technology”) in connection with the Site for purposes of tracking users’ activities (such as websites visited, advertisements selected and pages viewed) after they leave the Site. ShopGalaTM, and its third-party partners, use this Tracking Technology to target applicable users with advertisements featuring ShopGalaTM products and/or services, as well as third-party products and/or services, that may be of interest to applicable users.

In general, users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. In addition, users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance.

Further, users can opt-out of certain Google®-related tracking technology, and customize the Google® Display Network ads that they receive, by visiting the Google® Ads Settings at: http://www.google.com/settings/ads Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is available here: https://tools.google.com/dlpage/gaoptout. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Site.

Bing® is a registered trademark of Microsoft Corporation (“Bing”). Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Google+® is a registered trademark of Google, Inc. (“Google”). Please be advised that ShopGalaTM is not in any way affiliated with Bing, Facebook or Google, nor are the ShopGalaTM Offerings endorsed, administered or sponsored by any of the foregoing entities.

Cross Device Tracking

ShopGalaTM may track users’ use of the ShopGalaTM Offerings across various devices, including users’ personal computers and mobile devices, in order to optimize and personalize use of the ShopGalaTM Offerings. ShopGalaTM may collect certain user personal information across various devices.

Aggregate Data

ShopGalaTM reserves the right to transfer and/or sell aggregate or group data about users of the ShopGalaTM Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of ShopGalaTM Offerings users as a group, without disclosing personally identifiable information.

Third-Party Websites

This Site may contain links to third-party owned and/or operated websites including, without limitation, the websites owned and operated by Merchants, Third-Party Providers and/or Social Media Websites. ShopGalaTM is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and ShopGalaTM has no responsibility or liability relating to them.

Security

We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts users to enter sensitive information (such as financial information), and when we store and transmit such sensitive information, that information is encrypted with industry standard encryption technology.

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our users’ personal information is restricted in our offices. Only employees or third-party agents who need user personal information to perform a specific job are granted access to user personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store user personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other ShopGalaTM Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. ShopGalaTM does not knowingly solicit or collect information from visitors under eighteen (18) years of age. ShopGalaTM encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Opt-Out/Unsubscribe

To opt-out of receiving e-mail and other forms of communication from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: support@shopgala.com

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for ShopGalaTM Offerings, your participation in the Contests, as well as to respond to any inquiry or request made by you. To opt-out of receiving ShopGalaTM Offerings-related and/or inquiry response-related messages from ShopGalaTM, you must cease requesting and/or utilizing the ShopGalaTM Offerings, cease participating in the Contests and/or cease submitting inquiries to ShopGalaTM, as applicable.

Deleting, Modifying and Updating Your Information

At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: support@shopgala.com. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your personal information may terminate your access to certain of the ShopGalaTM Offerings. If you wish to continue using the full complement of ShopGalaTM Offerings, you may not be able to delete all of the personal information that we have on file for you.

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Transfer of Personal Information Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes to this Privacy Policy

ShopGalaTM reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, ShopGalaTM will notify users by: (a) sending the modified policy to our users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices in general, please e-mail us at: support@shopgala.com or send us mail to: 1550 Larimer Street, Suite 893, Denver, CO 80202.