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privacy policyprivacy policy

Last Revised: November 19, 2013

I. GENERAL MATTERS

A. Overview

At AG Interactive, Inc. ("AG"), protecting your privacy and security is a top priority. We have adopted the following policy (the "Privacy Policy") to advise you of our use of your personal information collected as part of the use of the Just Wink application and our website (the "Application"), and your choices regarding that use. The purpose of the Application is to allow the sending and receiving of electronic cards or other messages or any other content (the "Cards"). This Privacy Policy describes what types of information we gather about you, how we use it, under what circumstances we disclose it to third parties, and your rights to change or delete it. By downloading or using the Application, you acknowledge that you have read, understand, and agree to be bound to this Privacy Policy and to comply with all applicable laws and regulations. If you do not agree to this Privacy Policy, please do not use the Application.

The Application is operated by AG. Our offices are located at One American Road, Cleveland, Ohio, 44144.

B. Scope of Privacy Policy

This Privacy Policy applies to information collected through the use of the JustWink Application, and applies all users of the Application, including each sender of the Cards (the "sender") and each recipient of the Cards (the "recipient"). This Privacy Policy does not apply to the websites or applications of other companies or organizations, even if we link to those websites or applications. You should carefully review the privacy policies of those websites or applications in order to determine how they treat your personal information.

II. INFORMATION ABOUT YOU

A. Information Gathered From Users of the Application

1. When You Send A Card Electronically

When a sender uses the Application to send a Card or any other content electronically, we collect the sender's e-mail address and the recipient's e-mail address or phone number. This information is necessary to send the Card and provide confirmation that it has been received.

As a sender, it is important that you have received the consent of the recipient to receive the Card by e-mail or SMS. Except as set out in this Policy, we do not use the recipient's information for any purpose other than to send the Card. If you send a Card via Facebook, we do not collect any information about the recipient.

PLEASE NOTE: Our products are neither intended nor appropriate for anonymous communications, and such activity is expressly prohibited by the acceptable use policy in our Terms of Service.

2. Aggregate Data

We gather certain generic information about the use of our Application, such as the frequency with which you open it, and the content that you favor. We may collect information from you based on the application or applications that you elect to use from us. For example, we may track how much time you spend using the Application.

These statistics are very much like television ratings that tell the networks how many people tuned in to a program. We only use this type of data in aggregate--that is, we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our users use certain parts of our Application, which, in turn, enables us to make it as appealing as possible. This data does not contain any personally identifiable information about you.

We may also use the geographic location provided by your device for a variety of purposes, including to notify you of stores or products near you. Unless otherwise stated, this location information is not tied to your personally identifiable information, and you may, of course, prevent the use of your location through your device settings. We will not use your location data for any other purpose and do not disclose it to third parties.

3. When You Send a Paper Card - For Users in the United States and Canada

When you use our Application to send a Paper Card, we collect your personal information, including your address and payment information, and your recipient's physical address. This information is necessary to send the Paper Card, and we will share this with third parties necessary to process your order. These partners will not use your information for any purpose but to process your order. We will not use your recipient's information for any purpose other than to send the Paper Card.

4. When You Use the Application to Send A Gift Card

When you use our Application to send a gift card, we and our third party service providers may collect information about you and the gift card recipient, such as payment information and both your and the gift card recipient's name and email address. We and our service providers may also collect your IP address and location information for anti-fraud purposes.

B. Technology We Use To Gather Data

When you download the Application, we use software code to collect technical information about your device, including the type of device it is and the operating system it uses, your use of the Application, and the IP address or other device identifier of your device. We may engage third parties to collect this information.

III. AG's Uses of Information

We will use your information as described in this Policy. In all circumstances, we will delete your information when that information is no longer required for any of the purposes for which it was collected.

1. Research

We may conduct demographic or other research about the users of our Application to determine how users engage with our content.

2. Business Partners

We may provide information about how our customers collectively use our Application to advertisers, sponsors, and other companies with which we do business ("Business Partners"). This data does not include any personally identifiable information about you.

3. Information Sharing Between Affiliates

We are a member of the American Greetings family. This means we are an Affiliate of American Greetings and its subsidiaries, including but not limited to Egreetings.com, BlueMountain.com, Cardstore.com, and Recycled Paper Greetings. We reserve the right to share your personally identifiable information, including your e-mail, postal address and phone number with our Affiliates, provided that they will only contact you in connection with similar products and services. We may share your personally identifiable information with Affiliates in order to conduct similar promotions, offer special premiums, and share databases and equipment. We will not share your credit card information or other payment information with anyone, including Affiliates, without your express permission. We reserve the right to share your information with other companies that become Affiliates of AG.

For International Use - United Kingdom, Australia, and New Zealand

European Data Protection Statement: The Application and the data that we collect from you through the Application is stored on a host server located in the United States, which is outside of the European Economic Area. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

4. Communications From AG

We send exclusive AG content and offers to all of our users who provide us with permission. From time to time, we may also send you offers for similar products and services from AG, special premiums, or special offers from our Affiliates and our sponsors. We do not share your personally identifiable information with any third parties in connection with these communications.

You can always decline the these communications by simply following the "unsubscribe" link at the bottom of each communication.

5. Communications From Our Business Partners

If you have opted-in, we may offer you money-saving coupons, discounts, and promotions from our Business Partners. These communications may come from AG or directly from the Business Partners themselves. If you have opted-in to these communications, we may also share with our Business Partners certain demographic, geographic, preference, and other personally identifiable information we have gathered about you. This will help them in directing offers that are more likely to be of interest to you.

These communications are done strictly on an opt-in basis. In order to receive the offers, you must affirmatively check the clearly marked box on your My Account page. To access this page, use the "My AG" link to navigate to the "My Account- Change Personal Information" page. If you do sign up for the program but later change your mind, you may opt-out at any time by following the procedures outlined in Opt-Out/Changing Your Status, below.

6. Mandatory Communications

We reserve the right to communicate with you from time to time about important administrative, policy, legal, credit card, and billing matters that affect your use of our Application, including without limitation any alleged violations of our Just Wink Terms of Service. These communications are mandatory.

7. Third Party Information Sharing

Generally, we do not share your information with third parties. We do reserve the right to share your information with third-party companies we may use to perform other service functions for us. However, at all times, we will control and be responsible for the use of your information and will ensure that sufficient contractual mechanisms are in place to ensure that the information remains secure. We do not share equipment or databases with these companies and will not share your credit card information with them without your express permission. Additionally, any company we use for these reasons will not share, sell, or distribute your information, or otherwise use your information except to provide us services.

8. Service Providers

We may share information, including personal information, with our service providers who perform services on our behalf; and in some instances, our service providers may collect information from you directly. Such services include, for example, hosting or maintaining the Application, providing customer support, sending email, gift cards, or other communications, providing marketing assistance, and providing analytics services. We do not authorize these organizations to use or disclose the information they obtain for any purpose other than the purposes for which they obtained the information or to comply with legal requirements.

C. Disclosure Exceptions

  • We reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary:
  • To comply with legal process such as a search warrant, subpoena or court order;
  • To protect the company's rights and property;
  • To investigate reports of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages;
  • To protect against misuse or unauthorized use of our website, products, or services; or
  • During emergencies, such as when we believe someone's physical safety is at risk.

IV. Your Control Over Your Information

A. Opt-Out/Changing Your Status

At any time, you can change choices you have previously made about the use of your personal information. Except for mandatory communications, every communication we send you will contain a clearly worded "Opt-Out" or "Unsubscribe" link allowing you to withdraw your permission for future mailings. Permission changes will be honored as soon as possible after receipt. Please allow five to seven days for processing. Permission changes will not affect any information that you provided to us and that we previously shared with our Business Partners. You can edit your account information by going to the "more" tab and clicking "my account." There you will be able to edit/update your name, email address, password and birthday.

B. Resolve Issues

If you are concerned about our use of your personal information or wish to have it deleted, please contact us at support@justwink.com with "personal information" in the subject line, or call us at 800-711-4474 between 9am and 5pm eastern standard time.

We have further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism the BBB EU Safe Harbor, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by AG, please visit the BBB EU Safe Harbor Website at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

V. OTHER MATTERS

A. Protection For Children - COPPA Compliance

We are committed to protecting the privacy and rights of children online. To that end, we do not collect any personally identifiable information from users whom we know are under the age of 13.

B. Sale of Assets

In the event that AG or its units or subsidiaries are ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer our user databases together with any personally identifiable information contained in them, to a third-party acquiring AG's assets. In the event we do so, we will place a prominent notice of the sale on the homepage of our site, with links to information about how you can change your privacy preferences.

C. Data Security

We take steps to protect your personal information. All of your information, not just your personally identifiable information, is restricted in our offices. Employees are granted access on a need-to-know basis (for example, our billing clerk or a customer support representative). Furthermore, all employees are kept up-to-date on our security and privacy practices.

Our main servers are operated from a dedicated Internet hosting facility with state-of-the-art physical security features, including smoke detection and fire suppression systems, motion sensors, 24x7 secured access, and video camera surveillance and security breach alarms.

Unfortunately, the transmission of information via the Internet or over mobile networks is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Application or over mobile networks; any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorized access.

D. Changes to the Privacy Policy

Unfortunately, the transmission of information via the Internet or over mobile networks is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Application or over mobile networks; any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorized access.

As always, if you have any questions, please feel free to review our FAQ or contact us through our Customer Support Department.

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