Privacy Policy

Last Updated: Apr 7, 2023

 

Overview

This privacy policy governs the manner in which givafifth collects, uses, maintains and discloses information collected from users (each, a "User" or “you”) of the www.givafifth.com Website ("Website"), irrespective of where the User is located. This privacy policy applies to the Website and all products and services offered by givafifth.

In conjunction with this Privacy Policy, you should also review our Terms of  Use for a more complete understanding of the rules governing our Website, products and services.

PLEASE NOTE: IF ANY PROVISIONS OF THIS POLICY ARE INCONSISTENT WITH, OR CONFLICT WITH, THE PROVISIONS UNDER THE CAPTION “INFORMATION ABOUT THE CALIFORNIA CONSUMER PRIVACY ACT” BELOW, THE PROVISIONS UNDER SUCH CAPTION SHALL GOVERN for any california principals. ANY TERMS USED UNDER SUCH CAPTION, HAVE THE SAME MEANING AS DEFINED IN CAL. CIV. CODE SECTION 1798.140.

Please note that the Website may contain links to other third-party websites that are not controlled or operated by givafifth. This Privacy Policy does not apply to such third-party websites, and givafifth is not responsible for the content of such third-party websites or the privacy practices of such parties.
 
Personal identification information
 
We may collect personal identification information from Users in a variety of ways including in the course of the following activities:

  • Visiting our Website.
  • Registering on the Website.
  • Placing an order on the Website.
  • Subscribing to the newsletter.
  • Providing product feedback.
  • Participating in consumer contests, sweepstakes or other promotions.
  • Responding to a survey or requests for user’s opinions, concerns, and preferences regarding givafifth products.
  • Filling out a form. This includes information you may provide when you request additional information about givafifth products or services.
  • Using any other features of the Website that may be offered from time to time and may require such information in order to utilize the feature.

Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information, and any other information you may choose to provide. If you provide us with your phone number and consent to text marketing, you agree to receive text messages to that number from givafifth. If you submit your email address in connection with an order or request, you agree that givafifth and its third-party service providers may use your email address to contact you about the status of your order or request and for other administrative purposes.

We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Website related activities. If at any time, you do not wish to receive communications from givafifth, you can unsubscribe from such communications by using the unsubscribe function located on every promotional email or by contacting us at support@givafifth.com. You may also request to have any personal identification information provided to us deleted by emailing support@givafifth.com.

Financial Information

Givafifth may require billing and payment information such as credit and debit card information when you create your account.  However, all payment transactions entered into on www.givafifth.com are processed by a third-party payment processor which is currently: Shopify Payments(“payment processor”).  At checkout, you will provide your payment information to the payment processor, and that payment processor’s Privacy Policy and Terms and Conditions of Use will govern use and disclosure of that information.  We encourage you to read carefully the payment processor’s Privacy Policy and Terms and Conditions of Use which can be accessed from its website.  Givafifth does not use or store your financial information.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Website. Non-personal identification information may include, but is not limited to, demographic information, precise location information from GPS, cell tower proximity, browser information, type of computer and technical information about Users' means of connection to our Website, such as the operating system and the Internet service providers utilized and other similar information. This non-personal information is aggregated by using certain tools and mechanisms such as the use of cookies and web beacons, including pixels and GIFs, or collection of IP addresses and is kept and used in aggregate form, unless stated otherwise.

We do not knowingly collect or solicit personal information from users under 18. Please see our Terms of Use.

Web browser cookies and Web beacons
 
Our Website may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Website may not function properly.

In addition, our Website may use web beacons, also known as pixel tags, web bugs, or GIFs. A web beacon is a tiny graphic image of one pixel that can be delivered to your computer; pixels can be used to retrieve information from your device, like your device type or operating system or IP address and time of visit. They are also used to serve and read cookies in your browser.

We may also allow third-party advertising companies to target and show you advertisements when you visit the Website.  These third-party advertisers may send “cookies” to your computer or other device to gather information about your preferences to provide you with advertising that is more likely to relate to your interests. On occasion, givafifth may permit third-party advertisers and ad networks to place their own cookies on our Website to track visitors’ activities on the Website. This enables such companies to recognize visitors so that when those visitors visit a third-party’s website, advertising can be delivered that is tailored to the visitor’s individual interests (whether for givafifth’s products or for the products or services of others), based on what has been learned from the visitors’ activity on our Website or elsewhere. This practice is called “interest-based advertising,” and the practices of these third parties are not covered by this Privacy Policy. Givafifth offers you choices about the collection of information on our Website. Givafifth adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. If you decide you do not want to receive personalized ads from third-party advertisers and ad networks please visit www.AboutAds.info/choices, where you can learn more about opting out from receiving interest-based advertising. You can also learn more about your opt-out choices by visiting www.networkadvertising.org. Please be aware that opt-out tools are device and browser specific, so you must repeat any opt-outs you select for each of your browsers and devices.

Givafifth uses cookies to collect information around abandoned shopping carts. A cart is considered abandoned after one hour of inactivity/lack of purchase. Once the timer has expired an SMS message will be sent as a reminder. 
 

Mobile Terms & Conditions

Givafifth offers its customers mobile alerts regarding marketing alerts by SMS message (the "Service"). If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us including cart reminders (each, a “text message”) sent through an automatic dialing system. By providing your prior written consent and participating in the Service, you are agreeing to these additional Mobile Terms and Conditions  ("Mobile Terms”).

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these Mobile Terms. You may not enroll in the Service if you are under 18 years old. Before the Service will start, you will need to agree to the overall Terms of Use and these additional Mobile Terms. Givafifth reserves the right to stop offering the Service at any time with or without notice.

By opting-in to the Service, you:

  1. Authorize givafifth to use auto dialer or non-auto dialed technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please email support@givafifth.com. To view and retain an electronic copy of these Mobile Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails. 

Content You May Receive

Once you affirm your choice to opt-in to the Service, your message frequency may vary. When you sign up to receive text messages, we may send you information and alerts about promotional offers and more. These instances include but are not limited to:

  1. When you are welcomed into the Service
  2. Sale promotions
  3. Event information
  4. Product launch announcements
  5. Cart reminders

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

The Service may not be available on all wireless carriers. Givafifth may add or remove any wireless carrier from the Service at any time without notice. Givafifth and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

The Services are provided on an “AS IS” basis. Data obtained from you in connection with any text message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.

To Stop the Service

To stop receiving text messages from givafifth, text the word STOP to 833-218-1824. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that givafifth and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from givafifth through any other programs you have joined until you separately unsubscribe from those programs. These Mobile Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.

Questions

You can email us at support@givafifth.com   for help at any time. We will then provide you a link to the Mobile Terms.  

These Mobile Terms are subject to change at any time without notice.

How we use collected information 

Givafifth collects and uses Users' personal information for the following purposes:

  • To improve our Site: We continually strive to improve our Website offerings based on the information and feedback we receive from you. We may also use applications provided by third parties, such as Google Analytics, to evaluate the usage of our Website. These tools help us improve the user experience and performance of our Website.
  • To improve customer service: Your information helps us to more effectively respond to your customer service requests and support needs.
  • To provide you with marketing and promotional material mailings once you order from us through our Website. If at any time a User no longer wants to receive promotional mailings from us, you can contact us by email at support@givafifth.com.
  • To process transactions: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  • To send periodic emails: The email address a User provides for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If a User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions in each email we send you.
  • To process transactions and purchases that you make on the Website, or through the Website.
  • To protect our rights or comply with law - We may disclose personal identification information to enforce our rights arising from any contracts entered into between you and givafifth; to comply with any court order, legal process, or respond to any governmental or regulatory request; or to protect givafifth’s rights or property or the safety of givafifth, our customers, employees, or others.
  • Sale or merger - We also may disclose personal identification information to a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of givafifth’s assets. 

How we protect your information

We adopt appropriate data collection, storage and processing practices, and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Website. Sensitive and private data exchange between the Website and its Users happens over a SSL secured communication channel  which is encrypted and protected with digital signatures. While we use security measures to protect sensitive and personal information transmitted online, please be aware that no security measures are perfect or impenetrable. If you have any questions about the security of personal information collected by givafifth, please contact: support@givafifth.com
 
Sharing your personal information
 
We do not sell, trade, or rent Users' personal identification information to others.

Givafifth may disclose your personal information to its subsidiaries and affiliates and to third parties whom givafifth hires to provide services on givafifth’s behalf, including but not limited to, support services, Website services, delivering promotional materials, contests and answering customer questions about products. givafifth will only provide those third parties with the personal information that they need to deliver the services to givafifth and/or on givafifth’s behalf. We share your payment information, including your credit or debit card number, card expiration date, CVV code, and billing address with payment service providers to process payments; prevent, detect and investigate fraud or other prohibited activities, or for other purposes associated with the use of credit or debit cards.

We may share or disclose non-personal, generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. Givafifth will only provide those third parties with the information that they need to deliver services to givafifth and on givafifth’s behalf. Notwithstanding anything to the contrary in this Privacy Policy, we may disclose your information if we believe it is reasonably necessary to comply with a law, regulation, legal process or government request; to protect the safety of any individual; to address fraud, security or technical issues; to protect our or other users’ rights or property.


Accessing your personal information

You may log in to www.givafifth.com to update your registration information.


Your California Privacy Rights and Choices

Because we value your privacy, we will not provide personal identification information about you to third parties for their solicitation or marketing purposes.

California law permits Users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@givafifth.com with "California Shine the Light Privacy Request" in the subject line and your full name, email address, postal address and specific services you have used in the body of your email. 

See California Privacy Policy Supplement . 

Do Not Track Signals

Certain web browsers provide users with an option by which you may have your browser send a “Do Not Track” signal to websites that you are visiting, advising the recipient websites that you do not want to have your online activity tracked. However, the way browsers communicate such “Do Not Track” signals are not yet uniform and, accordingly, our Website does not take any action in response to such signals. In the event a final standard is developed and accepted, we may reassess how we should respond to such signals. 


Children’s information

Our Site is not directed to children under the age of 18, and our Terms prohibit children under 18 from using our Site. We do not knowingly collect any information from children under 18.


U.S. Website Data Protection Rights

Givafifth operates in the United States of America under U.S. law. Any information you choose to send to this Site or givafifth will be subject to the laws of the United States. If you do not wish your information to be subject to U.S. law, please do not send it to givafifth.

Givafifth does not intentionally collect or store personal identification information from residents of the European Union. To the extent any personal identification information is received from non-U.S. residents, givafifth will protect the personal identification information of non-U.S. visitors in the same way as it does U.S. visitors. Some jurisdictions, such as the European Union, do not consider the U.S. legal system to offer privacy and data protections that are “adequate” in their judgment, and require us to warn you about their determination.

Givafifth does not intend to offer its product or Services in any jurisdiction where the offering of such products or Services would be contrary to applicable local law, and any such offer of products or Services is void if illegal under applicable law.


Changes to this privacy policy
 
Givafifth has the discretion to update this privacy policy at any time. The most current version of the policy will govern our use of your information and will always be at  https://www.givafifth.com/pages/privacy-policy. When we do, we will revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
 
Your acceptance of these terms
 
By using this Website, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Website. Your continued use of the Website following the posting of changes to this policy will be deemed your acceptance of those changes.
 
Contacting us
 
If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, please contact us at:

G5 Givafifth LLC

www.givafifth.com

support@givafifth.com