1. General

All content of any kind on JIFITI PRODUCTS including the proprietary JIFITI PRODUCTS Software and Methodologies are protected by international and domestic laws, including copyright-intellectual property laws and treaties. JIFITI.Com Inc. owns all right, title and interest to the JIFITI PRODUCTS Site, the application, the Software and the methodologies. The term “JIFITI PRODUCTS” is protected by trademarks, designs, copyrights and other rights (registered and unregistered) and may not be used by any person for any purpose whatsoever except under written permission from Jifi.Com Inc.

2. Title Not Transferred; License; Copying Not Permitted

The use of any JIFITI PRODUCTS does not transfer any title or ownership to the JIFITI PRODUCTS, Software and Methodologies. The JIFITI PRODUCTS, Software and Methodologies may not be used for any purpose other than as specifically provided by Jifiti.com, Inc. Use of JIFITI PRODUCTS as intended therein is permitted only under a strict, non-exclusive and limited license, revocable at any time as specifically provided in these Terms and Conditions of Use. Copying, distribution, modification, translation, sale, the creation of derivative works, decompilation, reverse engineering, disassembling or any attempt to do any of the above with respect to the JIFITI PRODUCTS, Software and Methodologies is not permitted. Jifiti.com, Inc. is and remains the sole owner of all right and title in and to the JIFITI PRODUCTS, application and any material on or related to JIFITI PRODUCTS or its operation, including without limitation all intellectual property rights, copyrights, patents, trademarks, designs, whether or not registered or registrable.

3. Privacy Policy

This policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website, applications and website/application owners, Jifiti.com Inc. Furthermore, the way our business processes, stores and protects user data and information will also be detailed within this policy.

Jifiti.com takes a proactive approach to user privacy and ensures that necessary steps are taken to protect the privacy of its users throughout their use of its services. In addition to US laws, including the California Consumer Privacy Act, the website and applications comply with all EU and UK national laws, including GDPR/UK-GDPR, and requirements for user privacy.

Purpose of Data Processing

Jifiti will act as a Data Controller for the purposes of supporting the creation, management, and issuance of electronic gift cards and digital gift registries. Jifiti will process only such personal data as is necessary for carrying out purchases made by users of our sites and delivering digital gifts.

Jifiti will also use data collected through our website to track usage of the site, communicate with visitors, and improve the layout and functionality of our site and services.

What data do we collect?

While using our website, software applications or services, you may be required to provide personal information (name, address, email, phone number, account details, etc.). We will use this information to administer our website, applications, client databases, and to fulfill contracts you enter into with us, such as purchases of gifts. We may also collect additional tracking information as outlined below in the section regarding Cookies.

Additionally, Jifiti uses the services of our trusted service provider in order to help us prevent online fraud. Our service provider may use and process your

personal information in accordance with applicable privacy and data

protection laws. You can read about the ways by which our service

provider may use and process your personal information in this address:

https://www.forter.com/services-privacy-policy/

How do we collect your data?

Jifiti.com collects information in three possible ways:

• From Data Controllers that you contract with in order to provide a service

Jifiti will receive such data from the Data Controller in order to fulfill the terms of the contract you have entered into with them.

• When you directly give it to us (“Directly Provided Data”)

When you sign up for our site or applications (or cobranded sites or applications that we host and administer for third parties), purchase our products or communicate with us, you may choose to voluntarily give us certain information – for example, by filling in text boxes or completing registration forms. All this information requires a direct action by you at that time in order for us to receive it.

• When you give us permission to obtain from other accounts (“User Authorized Data”)

Depending on your settings or the privacy policies for other online services, you may give us permission to obtain information from your account with those other services. For example, this can be via social media or by choosing to send us your location data when accessing our website from your smartphone. It can also be via registering online or placing an order for any of our products or services, voluntarily completing a customer survey or providing feedback on any of our message boards or via email, or by using or viewing our website via your browser’s cookies.

How will we use your data?

Jifiti.com collects your data so that we can process your orders, manage your accounts, and email/text you with information relevant to the service you have contracted for.

When Jifiti.com processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.

Additionally, we will use your data to contact you via Email/SMS/Phone for the sole purpose of carrying out the terms of your contract. Such contact may be performed through third-party vendors.

What information may we share with third parties?

We may use and disclose your personal information that is collected through our Products to run our everyday business and in accordance with applicable law. We do not share, sell, rent or trade your personal information with any third-party other than as described below. We may share your information with:

• Future Jifiti.com Inc. subsidiaries or affiliates in the event of a corporate sale, merger, reorganization, dissolution or similar event;
• Agents and service providers who help us with parts of our business operations, such as fraud prevention, servicing activities, bill collection, marketing and technology services;
• Consumer reporting agencies to which we report that status of your account with us;
• Business partners that offer financial products and services that we believe may be of interest to you;
• Law enforcement, government officials, or other third parties as required by law and when we believe that such disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, regulatory request or other legal process; and
• Other third parties but only if you consent or direct us to do so.

How do we store your data?

We will ensure that all personal information supplied by you or the Data Controller is held securely in accordance with the General Data Protection Regulation (EU) 2016/679, as adopted into law of the EU and the United Kingdom in the Data Protection Act 2018, the GLB Act (15 U.S.C. §§6801-6827) and the Fair Credit Reporting Act (15 U.S.C. §1681), and the California Consumer Privacy Act (AB-375). All data is encrypted in storage as well as in transit, and pseudonymized when applicable. Furthermore, by providing telephone, fax and email details, you consent to Jifiti.com contacting you using that method. You have the right at any time to request a copy of the personal information we hold on you. Should you wish to receive a copy of this, or would like to be removed from our database, please contact us at help@jifiti.com.

Data Transfers to Non-EEA Countries

When carrying out our Data Processing activities it may be necessary for Jifiti to transfer your personally identifiable information outside of the EEA. These transfers will be strictly inline with GDPR principles and will be encrypted and pseudonymized during transfer. Any third-party vendors that Jifiti contracts with adhere to the same strict operational and technical standards as Jifiti, inline with GDPR principles.

How long do we keep your data for?

Jifiti.com will not retain your personal information longer than necessary. We will hold onto the information you provide either while your account is in existence, or as needed to be able to provide the Services to you, or (in the case of any contact you may have with our Customer Care team) for as long as is necessary to provide support-related reporting and trend analysis only.

If legally required or if it is reasonably necessary to meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our Terms and Conditions, we may also retain some of your information for a limited period of time as required, even after you have closed your account or it is no longer needed to provide the Services to you.

In the event that Jifiti acts as a Data Processor, we will retain the information for the duration required by the terms of your contract with the Data Controller.

What are your data protection rights?

We understand that you trust us with your personal information and we are committed to ensuring you can manage the privacy and security of your personal information yourself.

With respect to the information relating to you that ends up in our possession, and recognizing that it is your choice to provide us with your personally identifiable information, we commit to giving you the ability to do all of the following:

1. You can verify the details you have submitted to Jifiti.com by contacting our customer services team at help@jifiti.com . Our security procedures mean that we may request proof of identity before we reveal information, including your email address and possibly your mailing address.
2. The right to rectification – You can also contact us by the same method to change, correct, or delete your personal information controlled by Jifiti.com regarding your profile at any time. Please note though that if you have shared any information with others through social media channels, that information may remain visible, even if your account is deleted.
3. The right to erasure – You are also free to close your account. If you do so, your account will be deactivated. However, we may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam). Where Jifiti acts as a Data Processor, your request will require approval from the Data Controller.
4. You can always feel free to update us on your details at any point by contacting help@jifiti.com .
5. You can unsubscribe from receiving optional emails from us by contacting us at help@jifiti.com . Once you do this, you will no longer receive any emails from us.
6. The right to access – You can request a readable copy of the personal data we hold on you at any time. To do this, please contact us at help@jifiti.com.
7. The right to restrict processing – You have the right to request that Jifiti.com restrict the processing of your personal data, under certain conditions.
8. The right to object to processing – You have the right to object to Jifiti.com’s processing of your personal data, under certain conditions.
9. The right to data portability – You have the right to request that Jifiti.com transfer the data that we have collected to another organization, or directly to you, under certain conditions.If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: help@jifiti.com

4. Cookie Policy

For information regarding Jifiti’s Cookie Policy please visit: https://www.jifiti.com/cookies/

5. Privacy policies of other websites

The Jifiti.com website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

6. Changes to our Privacy Policy

Jifiti.com keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 1 July 2021.

7. Fulfillment

           A. Gifting

Once a gift has been purchased, the recipient may receive a virtual gift card that may be used in the store/website or the recipient may receive the ability to choose between that virtual gift card or virtual gift cards of other brands. Virtual products are typically available within one business day (via virtual gift card) unless otherwise requested. The rules and guidelines governing these gift cards are those as decided by the individual retailer and applicable laws. However, Jifiti.com, Inc. does not guarantee that the recipient will necessarily use the gift card to buy the specific item listed and purchased. Jifiti.com, Inc. is not liable if a recipient decides to use that gift card towards any other item in the store/website. This is left to the sole discretion of the users whether or not they want to redeem the gift. When using the gift card, the recipient may select to purchase an item which exceeds the value of the gift card. In this case, the additional amount will be charged to the recipient.

You may not return, cancel, or request a refund of your virtual gift card after it is received. If the gift card has not been received, you may request a refund within 3 months of the purchase date, provided the gift card has not been issued. Once a gift card is issued you cannot request a refund.

Where a choice of gift cards is immediately offered to the recipient, this choice will remain available for a 30-day period. After 30 days, for security purposes and stockout concerns, the gift will be replaced with Jifiti General Store Credit. General Store Credit can be used to purchase any gift card or item available through the Jifiti-facilitated experience at that exact price point including the full range of variable denomination gift cards. General Store Credit expires 90 days from issuance. Jifiti’s policy is to reactivate expired store credit on request submitted by the recipient.

Jifiti is not liable for gift cards that have been canceled or depleted due to retailer bankruptcy or closing. Once a gift card has been issued to a recipient, any gift card related issues are directly between the recipient and the retailer and Jifiti.com no longer has responsibility for these matters.

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, whichever is applicable. You are responsible for safeguarding your Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. Jifiti is not responsible, and assumes no liability to you, for any unlawful conduct or fraud by any third party associated with any Gift Card.

By using a Gift Card purchased or received through Jifiti.com you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Jifiti.com, its partners, or its customers. We reserve the right, without notice to you, to void Gift Cards without a refund, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained or used fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

All gift cards sold through our catalog are valid in the United States (if labeled in dollars) or the United Kingdom (if labeled in GBP).

         B. Registry

Specific terms and conditions relevant to each gift registry program powered by Jifiti can be found at each retailer’s website. All limitations found there are applicable to purchases and redemptions. This legal notice serves to provide notice of some general gift registry features.

Registries do not remain permanently accessible. Each registry sets its own time limit for how long the registry remains active after the date of the event has passed. Once the time limit has expired the registrant should contact the retailer for recourse.

In most registries, guests are given the opportunity to simply offer cash contributions directly to items the registrant has selected on their registry. This allows for guests to contribute to any item on the registry at any amount. The registrant can redeem their “chip-ins” when they choose.

Registrants can opt-in to receive an email notification each time an item is purchased from their registry. Registrants can enable this notification within the “Settings” tab (or similar) of their registry account.

For some registries, the registrant can request a voucher for all funds collected thus far via the registry. Approving a voucher request can take up to twenty-four (24) hours.

8. How to contact us

If you have any questions about Jifiti.com’s privacy policy, terms of use, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.

Email us at: help@jifiti.com
Call us: +1-855-858-0600

9. How to contact the appropriate authority

Should you wish to report a complaint or if you feel that Jifiti.com has not addressed your concern in a satisfactory manner, you may contact your national Data Protection Authority or your region’s Attorney General.

10. Prohibited Activities

By using JIFITI PRODUCTS, you agree to do so in accordance with all terms and conditions herein and on the JIFITI PRODUCTS, and not to do or attempt or plan to do any of the following, in any way: (a) interrupt, interfere, sabotage or damage the operation of JIFITI PRODUCTS; (b) violate any laws and/or third party rights in connection with JIFITI PRODUCTS or its use; (c) post false, misleading, defamatory, libelous, spam or unlawful content; (d) manipulate JIFITI PRODUCTS’s fee structure and/or billing process; (e) distribute viruses that may harm JIFITI PRODUCTS or its users; (f) use JIFITI PRODUCTS if you are not legally permitted to form legally binding contracts, or are temporarily or indefinitely suspended from using JIFITI PRODUCTS; (f) fail to deliver or accept any services or goods which you undertook to provide or acquire; (g) fail to make payment for services or goods purchased by you; (h) manipulate the price of any service or goods; (i) interfere with any other user’s listings; (j) transfer any account on JIFITI PRODUCTS to another party without JIFITI PRODUCTS’s consent; (k) collect information about users, including without limitation e-mail addresses, without consent; (l) any act which is not in accordance with the normal, intended use of JIFITI PRODUCTS, or which might in any way harm JIFITI PRODUCTS or its users.

11. No Warranty

THE JIFITI PRODUCTS SOFTWARE AND METHODOLOGIES AND ANY CONTENT ON JIFITI PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JIFITI.COM INC. DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NO WARRANTY IS GIVEN THAT THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES WILL MEET A USER’S REQUIREMENTS, THAT ACCESS OR OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IT IS SPECIFICALLY EMPHASIZED THAT NO WARRANTY IS GIVEN THAT THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES OR ANY LINKS (OR ANY SERVERS CONNECTED WITH THE ABOVE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JIFITI.COM INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES WILL NOT ADVERSELY AFFECT THE USE OF THE COMPUTER(S) ON WHICH THE SAME ARE ACCESSED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON, INCLUDING WITHOUT LIMITATION, A REPRESENTATIVE OF JIFITI.COM INC. SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY AND/OR OTHER LEGAL RIGHTS MAY BE AVAILABLE IN VARIOUS JURISDICTIONS. JIFITI PRODUCTS MAY MAKE ANY ALTERATIONS TO THE JIFITI PRODUCTS SITE, THE DATA, PROGRAMS, SERVICES OR PRICES, AT ANY TIME WITHOUT NOTICE.

12. Retailers and Third-Parties

JIFITI PRODUCTS allows users to control the way that their posts appear including, but not limited to, prices, pictures, sizes, location. The user creating the lists and adding items to the list is solely responsible for the accuracy of information on the posting of that list. In the event of any discrepancies, the retailer and/or Jifiti will be the deciding authority. The controlling price of the items posted, including misquotations or price fluctuations, shall be that as determined by the retailer at the time of fulfillment. Pictures of items may differ from the actual product or its description. The user may have listed under the wrong store or at the wrong location an item. Items on the list may be out of stock at the time of actual redemption. Jifiti.com, Inc. is not responsible for verifying the accuracy of each posting. The JIFITI PRODUCTS, Software and Methodologies are in certain cases linked to and interface with the websites, software and methodologies of other parties, such as but not limited to retailers. Jifiti.Com Inc. has no responsibility whatsoever with regard to the same. Logos and trademarks shown on JIFITI PRODUCTS appear only to assist users and illustrate locations where JIFITI PRODUCTS may be used. The use of the logos that are trademarks or copyrighted work of other companies are never intended to suggest that JIFITI PRODUCTS owns the trademarks or that the owner of the logo is obligated to JIFITI PRODUCTS or its users. Users of the JIFITI PRODUCTS, Software or Methodologies must review the Terms and Conditions of Use (or similar title) of each of the relevant third-parties before making any transactions with or related to any of such third-parties.

13. Indemnification

As a user of the JIFITI PRODUCTS, Software or Methodologies you agree to indemnify, defend, and hold Jifiti.Com Inc., its affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions. You shall use your best efforts to cooperate with an Indemnified Party in the defense of any claim. The Indemnified Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter, even if the same is subject to indemnification by you.

14. Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JIFITI.COM INC. BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGIES EVEN IF JIFITI.COM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OR EXCLUSION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL JIFITI.COM INC.’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY TYPE EXCEED THE AMOUNT PAID FOR USE OF THE JIFITI PRODUCTS, SOFTWARE AND METHODOLOGIES, OR $50, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF A USER OF THE JIFITI PRODUCTS, SOFTWARE OR METHODOLOGY IS DISSATISFIED IN ANY WAY WITH ANY PORTION OF THE SAME, OR WITH THE PURCHASE OF PRODUCTS FROM A RETAILER AFFILIATED WITH THE JIFITI PRODUCTS, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, OR THERE IS ANY CONCERN THAT ANY USE OF THE SITE, SOFTWARE OR METHODOLOGY MAY CAUSE DAMAGE OF ANY TYPE, THEN THE USE OF THE SITE, SOFTWARE AND METHODOLOGY SHOULD IMMEDIATELY BE DISCONTINUED.

15. Termination

Jifiti.Com, Inc. reserves the right, in its sole discretion, to prevent or terminate any person’s access to any or all of the JIFITI PRODUCTS, Software or Methodologies, the related services or any portion or any of the above at any time, without notice.

16. Use of Information

Jifiti.Com Inc. and the third-parties which are affiliated with JIFITI PRODUCTS may use information provided by JIFITI PRODUCTS users for marketing and other purposes to the extent permitted by law.

17. Entire Agreement

These terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Jifiti.Com Inc. and/or any retailer affiliated with the JIFITI PRODUCTS, Software or Methodologies may require that a dispute between any person and Jifiti.Com Inc. or such third-party shall be resolved by binding arbitration in the State of Delaware under the rules of the American Arbitration Association. Nothing herein shall prevent Jifiti.Com Inc. or any such third-party from taking legal action as it deems appropriate in its discretion against any person in any jurisdiction. This is the entire agreement between users and Jifiti.Com Inc. relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

18. Annex – Open source license

This software uses the open source ZBar Barcode Reader library, version 1.2, which is available from http://zbar.sourceforge.net/iphone
This software uses the open source SFHFKeychainUtils library, which is available from https://github.com/ldandersen/scifihifi-iphone/tree/master/security
This software uses the open source NKBarcode library, which is available from http://code.google.com/p/cocoa-touch-barcodes/source/browse/trunk/CocoaTouchBarcodes/NKDBarcode.h?r=2
This software uses the open source iCarousel library, which is available from https://github.com/nicklockwood/icarousel

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.