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Privacy Notice

Last Updated: Aug 11, 2023

Memoryboards.com recognizes and respects the importance of maintaining the privacy of our website visitors and customers (each of which may be referred to, individually and where applicable, as “you”), and has established this privacy notice (“Privacy Notice”) as a result. The purpose of this Privacy Notice is to inform you of:

  • the information, including personal information, we may collect about you when you visit our Website (as defined below), view or otherwise interact with our emails, place orders, social media pages;
  • why we gather information about you;
  • how we collect it;
  • how we use it (including with whom we may share it);
  • how we secure your personal information and
  • the choices you may have regarding the personal information we have collected about you.

This Privacy Notice is part of the Terms of Use, which governs your use of our website located at memoryboards.com. The Service is operated by MemoryBoards LLC. (the “Company”).

For purposes of this Privacy Notice, except as noted below and unless you are explicitly notified otherwise, the Company is the controller of your personal information.

Our Commitment to Accessibility

The Company is committed to making our Website’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on the Website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call us at 1-801-921-9610 or email our team at support@memoryboards.com. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.

WHY WE GATHER INFORMATION  

The Company and the Service gather information, including personal information, mainly to communicate with you and to process your orders or otherwise conduct business with you, but also to help improve our products and customer service, to provide an enhanced and more personalized shopping experience, and to inform you, and your gift and message recipients, of special offers and discounts from memoryboards.com

For individuals subject to the General Data Protection Regulation of the European Union (“EU”) or the United Kingdom of Great Britain and Northern Ireland (“UK”), our processing of your personal information is justified on the following legal bases:

  • the processing is necessary to perform a contract with you or take steps to enter into a contract at your request;
  • the processing is necessary for us to comply with a relevant legal obligation;
  • the processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities; or
  • you have consented to the processing.

This Privacy Notice applies to all visitors, including EU and UK residents. 

WHAT INFORMATION WE GATHER

Depending on how you interact with us, we may collect some or all of the following categories of information:

  • Contact and other personal information: your name, address, postal code, telephone number, email address, user ID and contact information, as well as gender and birth date, if you choose or are otherwise required to enter such information, and interests,
  • Billing information: credit/debit card number, expiration date, CVV code, alternate or additional billing information and billing address,
  • Purchase information: products purchased and occasion type and date (for example, particular holidays or anniversaries), and any promotion or gift card code and related information (for example, if you are claiming frequent flyer miles or using an affiliate code or link),
  • Gift-related information: gift recipients’ names, addresses, telephone numbers, birthdates and email addresses, and the gift messages you include,
  • Device information about the devices you use to access our Service (including mobile devices), platform information, user identification number and general device location,
  • Application information – including which of your applications are used, how your applications are used and the duration of use of your applications,
  • Network information –including IP address, network carrier and country code, browsing information, such as how you interact with the Service, and
  • Other information you provide to us when you participate in our various forums, as well as User Submissions (defined in the Term of Use ). Members may also add to their Address Book the name, address and telephone number of friends or other persons to whom they may wish to send gifts or expressions. Other members do not have the right to view and edit your Address Book entries.

HOW WE COLLECT INFORMATION ABOUT YOU

A. In general.

We collect your information when you:

  • visit our Website and/or use our Service,
  • view or otherwise interact with our emails,
  • place an order or receive a gift,
  • participate in our forums, surveys, contests, sweepstakes, promotions, content submissions, interactive Website features, chats, bulletin boards, discussion groups, live events, requests for suggestions, requests for reviews and user-generated content, and membership registrations,
  • seek assistance from our customer service team through email, telephone, automated and live chat sessions, or any other channels,
  • request a catalog or other information, and
  • engage in other activities, services, products and resources we make accessible to you.

The information may be provided directly to us by you, such as when placing an order or participating in a survey, or, as is true of most websites, we gather certain device and usage information automatically. This information may include internet protocol (IP) addresses, browser type, device information, internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream or other session data that may be recorded as you interact with memoryboards.com or mobile applications, to analyze trends and administer memoryboards.com. This information may be collected by us even if an order, registration, or other process is started but not completed or is otherwise canceled.

We may also gather information about you from third parties, such as social media sites, data co-ops, and commercial data providers.

B. How we use "Cookies" and "Action Tags."

A “cookie” is a small data file sent to your browser from a web server and stored on your computer. We use cookies primarily to let us know that you are a prior customer, user or registered member and to provide certain features to you, such as browser-based push notifications. Most web browsers allow you to instruct the browser to prevent the use of cookies. However, if you disable this feature, certain aspects of the Service, such as the shopping basket, may not function properly. If you are accessing our Website from outside the United States, you may manage your cookie preferences directly through the provided tool.

We have relationships with third parties who may collect or receive information directly from the cookies placed by our Service on your computer to assist in analyzing our business and customers, and to give credit to other sites that direct traffic to our Website for marketing purposes.

Our Service may also use a web technology called “action tags” (also called single pixel gifs, web beacons, local storage objects, and local shared objects) to track email interaction, purchase, Service usage and other web activity information. Action tags may be used to provide data to third parties for tracking purposes. In addition, third parties may set their own cookies and tags through our Service (such as through interest-based advertising, described below). We do not control such third parties or their privacy practices. If you do not want third parties to be able to use such methods, you can modify your browser settings relating to cookies or exercise choices that we offer as set forth below.

C. Interest-based advertising.

  1. Our Services. We may collect or allow other companies to collect data for use in interest-based advertising when you use our Service. Other companies may serve interest-based advertisements on our Service.
  2. Choice for Interest-Based Advertising. You may opt-out of having data collected, used, or transferred for interest-based advertising by certain companies upon written request. If you opt-out, you will still receive generic advertisements, but they will not be based upon your behavioral data possessed by the companies from whom you have opted-out. This process relies upon an opt-out cookie for each browser and each device, so if you delete your cookies or use a different computer, you will have to repeat this process.

D. Mobile Push Notifications.

  1. As a user who has downloaded our Company’s mobile application(s), we may from time to time send you push notifications to your device to communicate with you and advise you of current offers and promotions. To ensure that you receive timely notification of such communications and promotions, we need to collect certain information from your device as indicated above. If at any time you do not wish to receive these types of communications, you may turn them off on your device.

E. Digital Analytics.

  1. We use mobile analytics software to allow us to better understand the functionality of our Company’s mobile application(s) on your device. This software may record information such as how often you use the application, the events that occur within the application, usage, performance data, and the source from which the application was downloaded. We do not link the information we store within the analytics software to any personal information you submit within the mobile application.

    We may also work with third parties that collect data about your use of the Website and other sites or apps over time for non-advertising purposes, subject to their privacy policies. We use third party analytics such as Google Analytics to gather and analyze aggregated anonymous user information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Sites by going to  http://tools.google.com/dlpage/gaoptout.

HOW WE USE AND SHARE THE INFORMATION WE COLLECT

We may use information we process and collect for any lawful commercial or business purpose, such as to communicate with you, to process orders, to improve our products and services (such as by responding to your feedback), to conduct research (such as statistics on favorite — i.e., most ordered — products), to provide an enhanced and more personalized shopping experience (for instance, to provide event reminders, such as birthdays), to inform you and your gift recipients of offers and discounts from memoryboards.com.

We may also use your information, as necessary or appropriate in our view, to operate the Service, to respond to your inquiries, to process orders or registrations, to conduct promotions, contests, and sweepstakes in which you participate, to protect the Service, the Company, and others, and to prevent fraud, theft, and misconduct.

We may combine information we receive about you via our Service with information from our Affiliates and third parties. We use the combined information to enhance and personalize your shopping experience with us (for example, by keeping your profile up-to-date) and to communicate with you in accordance with this Privacy Notice. We may also use your personal information as indicated at the time of collection or with your consent (where required by applicable law).

In addition, as provided below, the Company may use or share your data with both affiliated and unrelated third parties, for the purposes so identified. To the extent permitted by applicable law, we also may use and share deidentified data without limitation, in which case we maintain and use such data only in deidentified form—we do not attempt to reidentify such data except as needed to determine that the data is appropriately deidentified.

A. Affiliate Data Sharing.

We may provide your information to our Affiliates for use in connection with their businesses, including sending you offers and promotions. They are required to comply with this Privacy Notice. The following categories of information may be shared among our Affiliates:

  • Contact and other personal information: your name, address, telephone number, email address, user ID and contact information, social media user names, as well as gender and birth date, if you choose, or are otherwise required to enter such information, and interests,
  • Billing information: credit/debit card number, expiration date, CVV code, alternate or additional billing information and billing address,
  • Purchase information: products purchased and occasion type and date (for example, particular holidays, or anniversaries), any promotion or gift card code and related information (for example, if you are claiming frequent flyer miles),
  • Gift-related information: gift recipients’ names, addresses, telephone numbers, and email addresses, and the gift messages you include,
  • Device information about the devices you use to access our services (including mobile devices): platform information, user identification number and general device location,
  • Application information – including which of your applications are used, how your applications are used and the duration of use of your applications,
  • Network information –including IP address, network carrier and country code, browsing information, such as how you interact with the Service; and
  • Other information you provide to us when you participate in our various forums, as well as User Submissions (defined in the Terms of Use ).

B. Sharing with Others.

We may also share your information with third parties, including service providers engaged to provide services on our behalf, and may authorize them to use such information for our benefit, for instance, to process your order, to manage aspects of a business relationship, and to better communicate and provide appropriate offers to you and your gift recipient(s).

Examples of our information sharing include:

  • We may share your information with Company Affiliates as described above, as well as subcontractors, agents, and consultants, who help us operate and improve our businesses and services.
  • With Our Service Providers. We may share your information with third parties who perform services on our behalf. For example, this may include merchandise vendors and payment processors. It may also include companies that send emails on our behalf.
  • With Our Business Partners. For example, this may include third parties that provide financial products and services related to our business.
  • With Third Parties for Marketing Purposes. We may make such information (except for credit/debit card numbers, expiration dates and CVV codes, unless you consent otherwise), including aggregated information, available to certain third parties including, but not limited to, data processors and/or other data controllers and those who share or rent information for direct marketing purposes, to enhance one or both of our advertising or promotional endeavors. This may include third parties that support or facilitate our marketing efforts and advertising campaigns, including those based on interest-based advertising. You may opt out of this sharing as described below. Personal information collected for our short code programs (SMS and MMS text messaging) is not shared with affiliated or unaffiliated third parties for their own marketing purposes.
  • To Comply with the Law or To Protect Ourselves. For example, this could include determining your eligibility to purchase a product containing alcohol, or responding to a court order or subpoena. It could also include sharing information for other legal purposes as set forth in Section E below. We may share information when we are investigating a potential fraud. This could include fraud we think has occurred during a sweepstakes or promotion. We may also share information if you are the winner of a sweepstakes or other contest with anyone who requests a winners list.
  • To Update Our Records. We may use your information to match it with other public and private data sources (such as the U.S. Postal Service and publicly available consumer data warehouses) or the records of our business partners solely to enhance our records and keep them current (such as by updating your profile with a new address, interests, and the like). We also may work with other third parties who possess your information to enrich and update our records for purposes of our advertising or promotional endeavors.

In addition, we may make such information (except for credit/debit card numbers, expiration dates and CVV codes, unless you consent otherwise), including aggregated information, available to selected third parties for other reasons that we may describe to you at the time of collection.

C. Change of Business.

We may transfer your information in connection with the potential or actual sale, lease, license, assignment, acquisition, merger, reorganization or change of control of the Company, our Affiliates, or the division responsible for the Service with which your information is associated, or as part of a bankruptcy proceeding (or otherwise, with respect to the foregoing, of part, or all, of our business).

D. For Legal Purposes.

In certain situations, we may be required to disclose personal information in response to lawful requests from public authorities, including to comply with national security or law enforcement requirements. We reserve the right to disclose information we collect from you, or that you provide to us, as required by law, in response to legal process and law enforcement requests, when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, respond to a government or legal request, comply with a government requirement, or to protect the rights or property of the Company, its Affiliates, users, customers, recipients, Members, Sponsors, Providers, Licensors, Merchants and Associates (as these terms are defined in the Terms of Use ).

E. Public Forums

Please note that any personal information you reveal or post on one of our public forums (as defined in the Terms of Use ), such as a message board, chat room, blog, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, and all User Submissions, are not protected by this Privacy Notice and may be collected, shared and used by us, and with third parties, including to contact you. Information you provide or post on our public forums, you disclose at your own risk.

WHERE WE STORE YOUR INFORMATION

Our Service is operated in the United States and internationally. If you are located outside the United States, please be aware that any information you provide to us may be transferred to, and stored in, any country in which we conduct business, including the United States, the EU and the UK. By using the Service or otherwise providing us with information, you hereby consent to this transfer. At times, for orders originating within the EU or UK or being delivered to the EU or UK, we may use third parties located within the EU or UK to process such orders. In so doing, we take steps to ensure those entities will process your information in a manner consistent with this Privacy Notice.

Although personal information collected by us through the Service will be used by us in accordance with this Privacy Notice, laws generally applicable to the protection of personal information in the U.S. or elsewhere may not be as stringent as those in your home country.

HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We may retain your information in accordance with our data retention policies and for as long as your account is active or as needed to provide you services, comply with our legal obligations, and resolve disputes and enforce our agreements, as well as for any additional purpose based on the choices you have made, such as to receive marketing communications.

If you have questions about our data retention policies, please contact us as noted below.

HOW YOUR INFORMATION IS SECURED

The security of your personal information is important to us. If you have any questions about the security of your personal information, you can contact us at support@memoryboards.com

If you place an order on our Website, it encrypts the credit/debit card number you submit prior to transmission over the Internet using Transport Layer Security (TLS) encryption technology. This technology works best when the Website is viewed using Microsoft Edge®, Google Chrome®, Mozilla Firefox®, and Apple Safari® browsers. However, no transmission of data over the Internet or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of information we receive.

Portions of the Service (such as our Member registration and Address Book) may require registration and log-in processes in which you will select a user ID and password (collectively, the “Password”). Passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of the Service (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.

YOUR PRIVACY CHOICES

We want to communicate with you only to the extent you want to hear from us.

Any promotional email we send to you will include a link to “unsubscribe” from promotional emails from that sender or to otherwise manage your email communication preferences. Alternatively, you can email us at: support@memoryboards.com from the email address that you wish to have unsubscribed from promotional messages.

If you wish to set other preferences concerning promotional communications, or you prefer not to have your personal information shared with third parties, please let us know by contacting us as noted below in the “How to Contact Us” section and identify your preferences regarding promotional communications and the sharing of your personal information. Your instructions will be processed as soon as reasonably practicable and in accordance with law.

What If I Choose Not to Give You My Personal Information?

You are not obligated to provide us your personal information. However, if the personal information is necessary to supply goods or services to you under an order between you and the Company and you do not give us your personal information, then we will not be able to enter honor that order for goods or services.

ADDITIONAL U.S. STATE PRIVACY CHOICES AND DISCLOSURES

California, Colorado, Connecticut, Nevada, Utah, and Virginia residents may have certain rights under state privacy laws with respect to personal information we collect. This Section contains disclosures required by law and explains rights that may be available to you.

Personal Information We Collect and Disclose

In the preceding 12 months, we may have collected and disclosed the following categories of personal information about You, as described in greater detail in the “What Information We Gather” and “How We Use and Share the Information We Collect” sections of the Privacy Notice:

Categories of personal information

Disclosed to the following categories of third parties for our business purposes

Shared for targeted advertising purposes or otherwise sold to the following categories of third parties

Personal and online identifiers (such as first and last name, email address, or unique online identifiers)

Service providers, Business partners, Affiliates, Advertising companies

Affiliates, Advertising companies, Third party advertisers

Recordkeeping information (such as bank account number, credit card number, debit card number, or any other financial information)

Service providers, Business partners, Affiliates

N/A

Characteristics of legally protected classifications (such as age, date of birth, gender)

Service providers, Business partners, Affiliates, Advertising companies

Affiliates, Advertising companies, Third party advertisers

Commercial or transaction information (such as records of products purchased, received, or considered)

Service providers, Business partners, Affiliates, Advertising companies

Affiliates, Advertising companies, Third party advertisers

Internet or other electronic network activity information (such as browsing history, search history, interactions with a website, email application, or advertisement)

Service providers, Business partners, Affiliates, Advertising companies

Affiliates, Advertising companies

General device location information (such as zip code)

Service providers, Business partners, Affiliates, Advertising companies

Affiliates, Advertising companies

Audiovisual information (such as videos and photos you may provide to us)

Service providers, Business partners Affiliates, Advertising companies

Affiliates

Inferences drawn from the above information about your predicted characteristics and preferences

Service providers, Business partners, Affiliates, Advertising companies

Affiliates, Advertising companies

Other information about you that is linked to the personal information above

Service providers, Business partners, Affiliates, Advertising companies

Affiliates, Advertising companies

For purposes of the chart above, “Advertising companies” refers to parties who are in the business of providing advertising services to a variety of clients, including us. “Third party advertisers” refers to parties who receive personal information for purposes of their own advertising efforts.

In addition to the disclosures listed in the chart, we may be required to disclose any of the personal information categories above in response to lawful requests from public authorities, as described in the “How We Use and Share the Information We Collect” section above.

Categories of Sources

We collect personal information from the following categories of sources, as described in greater detail in the “How We Collect Information About You” section above: • You; • Our customers who may send gifts to You; • Our service providers; • Our business partners; • Affiliates; • Commercial data providers; • Social media networks; and • Government entities.

Our Purposes for Processing Personal Information.

We use and disclose the personal information we collect for the business and commercial purposes described in the “How We Use and Share the Information We Collect” section above. As described in this Privacy Notice, our processing may include allowing third parties to use personal information collected through our Website for targeted advertising. However, we do not process personal information to conduct profiling that produces legal or other similarly significant effects concerning a consumer.

Your Rights. Residents of certain states have rights with respect to the personal information we collect. You may be able to exercise the following rights regarding personal information, subject to certain exceptions and limitations:

  • The right to confirm whether we are processing personal information about you.
  • The right to correct inaccuracies in the personal information we have collected about you.
  • The right to know the categories and specific pieces of personal information we collect, use, disclose, and sell about you; the categories of sources from which we collected personal information about you; our purposes for collecting or selling personal information about you; the categories of personal information about you that we have sold or disclosed for a business purpose; and the categories of third parties with which we have shared personal information.
  • The right to request that we delete the personal information we have collected about you.
  • The right to opt out of (i) the processing or sharing of personal information for targeted advertising; and (ii) the sale of personal information. You may submit your request to opt-out of these activities by emailing support@memoryboards.com.
  • The right not to receive discriminatory treatment for the exercise of the above privacy rights.

To exercise any of the above rights, please contact us using the following information and submit the required verifying information, as further described below:

Opt Out Signals. Certain mechanisms or technologies may be used to signal your opt-out preferences to entities that process personal information. To the extent that we are able to recognize these signals and they are legally sufficient, we will process these signals as requests to opt out of processing or sharing for the purposes of targeted advertising or the sale of personal information. Depending on the signal you select, the opt-out may apply only to certain interactions, such as a specific browser or device.

Verification Process and Required Information. To respond to certain rights exercise requests, we may need to verify your identity by having you provide information about yourself or your account. Authorized agents can make a request on your behalf if you have given them legal power of attorney or we are provided verification of your identity, and, in some cases, confirmation that you provided the agent permission to submit the request.

Nevada Privacy Rights. As a Nevada resident, you may submit a request directing us not to make certain disclosures of personal information we maintain about you. You may submit your request to opt-out of the sale of your information by emailing support@memoryboards.com or calling us as 1-801-921-9610.

NOTICE OF FINANCIAL INCENTIVE FOR CALIFORNIA RESIDENTS

Memory Boards LLC may provide you with opportunities to receive a variety of special offers, such as discount codes, in exchange for allowing us to collect, retain, and sell your personal information as described in this Notice. This includes all categories of personal information listed in this Notice. In exchange for providing personal information, such as your email address or phone number, you may receive discounts on our products, additional products, or other financial incentives. The terms of each offer are presented at the time that you choose to provide information to us.

You can opt into our special offers by providing the requested information associated with a specific offer. You have the right to withdraw from receiving special offers at any time. These instructions may vary by offer. Please see the section of this Notice entitled “Your Privacy Choices” for more information.

The special offers available to you are based upon our reasonable determination of the value that we receive from collecting, retaining, and selling personal information for our business. This estimated value takes into account a variety of factors as permitted by law, including (but not limited to) our expenses incurred in collecting and selling the information and our expenses incurred in providing special offers to you.

LINKS TO OTHER WEBSITES

Memoryboards.com want you to be aware that when you click on links and/or ad banners that take you to affiliated or third-party services you will be subject to the privacy policies and terms of use of those services, not ours. We encourage you to read the posted privacy statement and user terms whenever using, and prior to providing any personal information to, any other service.

We may provide you with the ability to log into our Service using a social media account, such as Facebook Connect. We do not control the activities of such social media services and have no control over the data they collect or their privacy practices. You should review their privacy practices before using any such social media service.

LINKS TO OTHER WEBSITES

Memoryboards.com welcomes feedback concerning this Privacy Notice, please contact us by any method indicated below:

Write to us at: Data Privacy Officer 731 S 320 W, Provo, UT 84601.

Telephone us at: 1-801-921-9610

Email us at: support@memoryboards.com

When contacting us, please include or tell us your mailing address, and if you have a catalog, brochure or other mailing label from us, please include it with your request or have it ready when you call.

If you have a privacy or data use issue, please contact support@memoryboards.com.

CHANGES TO THIS PRIVACY NOTICE

The Company may change this Privacy Notice from time to time in the future. Any changes will be posted here and reflect the date of such changes on the first page of this Privacy Notice. We advise you to check back frequently to see any updates or changes.

By using the Website and the Service, after such changes take effect, you agree to be legally bound and to this Notice is a part.