Thnks (“Thnks,” “we” or “us”) is committed to protecting your privacy while providing you the best possible online functionality and customer service that we can (our “Services”).  We also care (a whole lot) about your privacy.  We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy, too.

1. Overview

• Information We May Collect About You
• How We Collect Information About You
• Cookies and Automatic Data Collection Technologies
• Third Party Content, Apps, and Links
• How We Use Your Information
• Disclosure of Your Information
• Your Choices About Your Information
• Data Security
• Children’s Online Privacy
• Your rights
• Your California Privacy Rights
• Nevada Privacy Rights
• EU privacy rights
• Changes to Our Privacy Policy
• Contact Information

2. Information We May Collect About You

Personal information, or personal data, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows:

• Identity or Contact Data includes name, postal, business or shipping address, email address, telephone number, or similar identifier.
• Technical Data includes internet protocol (IP) address, browser type and version, time zone setting, location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Platform.
• Transaction Data includes details about products that we may send to you and the details of each particular transaction on the Platform, such as (i) the time, date and fact that a transaction took place on the Thnks Platform, (ii) the item or service sent, (iii) the cost of the item or service sent, including the components of such cost, (iv) actions taken or not taken by the recipient, including without limitation, opening, donating, or redeeming a Thnks or contacting our customer service, (v) any information provided by a recipient to a provider of third party products or services or to our customer service, or (vi) the name, email address and cell phone number of all senders and recipients, and any message included in the transaction by the sender.
• Profile Data includes your interests, preferences, feedback and survey responses, if applicable.
• Usage Data or Navigation Data includes information about how you use the Platform.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
• (Optional) “Contacts Information” includes information that identifies your potential recipients and includes information such as name, address, telephone number, email address, and interactions such as calendar meetings. Here are some examples of ways in which we may collect your Contacts Information on the Platform:
  • We will connect your Contacts Information only if you optionally connect and authorize Thnks to access your Google account, Outbox account and/or phone contacts using the “connect contacts” feature.
  • For users who optionally elect to connect to their email and calendars service, we will also use Contacts Information to assist our Service send to recipients.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose, which we do not treat as personal information. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a feature on the Platform. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this privacy policy.

3. How We Collect Information About You

We use different methods to collect information from and about you including through:

• Direct interactions. You may give us information about you by filling in forms or by communicating with us via e-mail or otherwise. This includes information we collect, such as your first and last name, email address and phone number when you create an account with us, or when you contact us with a question or comment, or when you contact us to place an order;
• Automated technologies or interactions. As you interact with the Platform, we may automatically collect technical data about your equipment, browsing actions and patterns as specified above. We collect this information by using cookies, server logs, web beacons, and other similar technologies (see Cookies and Automatic Data Collection Technologies). We may combine this information with other personal information about you so that we can deliver Services to you that meet your needs.
• From our Platform Vendors. This includes businesses that collect your personal information on our behalf in order to help us respond to consumer inquiries, conduct market research, and comply with legally mandated disclosure requirements.
• Other third parties or publicly available sources. We may receive information about you if you visit other websites employing our cookies or from third parties including, for example, business partners, sub-contractors in technical, delivery services, social network platforms, analytics providers, and search information providers.
• We may track your usage of our Services so that we can deliver services to you that meet your needs; and
• We may collect your name, email address or phone number if you contact us with a question or comment.

4. Cookies and Automatic Data Collection Technologies

The Platform uses automatic data collection technologies to distinguish you from other Platform users. This helps us deliver a better and more personalized service when you browse our Platform. It also allows us to improve the Platform by enabling us to:

• Estimate our usage patterns
• Determine the most valuable features for your use
• Recognize you when you return to the Platform.

We use tools like Google Analytics to perform analytics services for us, which may include tracking your interactions with the Platform and to storing information, such as what time you visited it, whether you have visited it before and what Platform referred you to it. Platform measurement statistics may be used to improve your website experience, as well as to evaluate – anonymously and in aggregate – statistics on website activity. We use this information to measure the effectiveness of our Services and to compile statistical reports. Additional information about how Google Analytics and collects and processes data can be found here.

The technologies we may use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. For information about managing browser settings to refuse cookies, see Your Choices About Your Information.
• Flash Cookies. Certain features of the Platform may use Flash cookies (local stored objects) instead of browser cookies to collect and store information about your preferences and navigation to, from, and on the Platform. For information about managing Flash cookies see Your Choices About Your Information.
• Web Beacons. Our Platform pages and e-mails may contain small transparent embedded images or objects known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording Platform content popularity or verifying system and server integrity. For information about managing your browser or email program to not download web beacons, see Your Choices About Your Information.

5. Third Party Content, Apps, and Links

Some content or applications on the Platform may be served by third parties, content providers and application providers. For example, we may make available the option for you to use “plug ins” that are operated by social media companies. If you choose to use one of these plugins, then it may collect information about you and send it back to the social media company that owns it. This may happen even if you do not click on the plug in, if you are logged into the social media website that owns the plugin when you visit our Platform. Information collected by a plug in is subject to the privacy policy and terms of the social media company that makes it. These are non-essential cookies and only work if you accept cookies. If you are logged into your social media account when you visit our Platform, you permit us (and are directing us to) disclose information to these social media plug in owners.

6. How We Use Your Information

We use your personally identifiable information that is collected on the Platform primarily for the following purposes:

• To process your orders, and to update you on the status of your account and of items you have sent;
• To deliver items on behalf of our users.  If you are a recipient , you may need to create an account with one of our Platform Vendors in order to receive the item.  If you create an account with one of our Platform Vendors, that account and relationship will be governed by that Platform Vendor’s terms of service and privacy policy and not by Thnks.
• To alert you to updated information and new products and services from Thnks, or third parties, or to forward certain notices to you;
• To contact you in response to sign-up forms such as “Contact Us” or other inquiry;
• To continuously improve your experience and the quality of the Services provided by Thnks.

• To personalize your online experience while using the Platform and to help us administer, run, evaluate, and improve the Platform.
• To help maintain the safety, security, and integrity of the Platform, databases and other technology assets, and business.
• To respond to law enforcement requests and other requests as required by applicable law, court order, or governmental regulations.
• To protect and enforce our and others’ intellectual property rights; to protect or defend our legal rights or property, the Platform, or other users; and to protect the health and safety of the Platform users, our employees, or the general public.
• To verify your identity so that we can respond to a request you make under applicable law.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about consumers is among the assets transferred.
• Contact you about our Services that may be of interest to you. In limited cases, for example when we offer a product or event promotion.  If you do not want us to use your information in this way, please see Your Choices About Your Information.
• As described to you when collecting your personal information.
• Use for any other purpose with your consent.
• Contacts Information. We use your Contacts Information that you authorize us to access primarily for the following purposes:
  • To help search and select contacts from your address book when you specify a recipient;
  • To optionally suggest recipients based on scheduled meetings in your calendar, if you choose to enable these suggestions.
• We may use non-personal information for any purpose.

7. Disclosure of Your Information

We may also disclose your personal information to third parties in the following instances:

• To fulfill a service. For example, if you give an item to someone through the Platform, we will let the recipient know who sent the item.
• To protect against potential fraud, we may verify with third parties the information collected from the Platform. In the course of such verification, we may receive personally identifiable information about you from such services.
• To fulfill the purpose for which you provide it.
• With your consent.
• To a buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, where one of the transferred assets is the personal information we hold.
• To comply with any court order, law, or legal process, including responding to any government or regulatory request.
• To meet our obligations and enforce our rights arising from any contracts with you.
• To protect the rights, property, or safety of our business, our employees, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection and credit risk reduction.
• We do not share or disclose Contacts information.

8. Your Choices About Your Information

We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. We have established the following control mechanisms over your information:

• Cookies and Automatic Data Collection Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. However, if you disable or refuse cookies, please note that some parts of this Platform may become inaccessible or not function properly. Unless you adjust your browser settings to refuse cookies, our system will issue them. If you do not want Google Analytics to be used in your browser, Google Analytics provides an op-out tool. In some cases, you may be able to set your browser or email program to not download web beacons.
• Third Party Websites. Our Platform may, from time to time, contain links to and from the websites of our partner networks, and affiliates, or plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these third parties.
• California Residents. If you are a California resident, you may have additional personal rights and choices with regard to your personal information. Please see Your California Privacy Rights for more information.
• Nevada Residents. If you are a Nevada resident, you may have additional personal rights and choices with regard to your personal information. Please see our Nevada Privacy Rights section below for more information.
• Persons in the EEA or United Kingdom. If you are in the European Economic Area, United Kingdom, or are otherwise subject to the General Data Protection Regulation, you may have more rights and choices with regard to your personal information. Please see our European Privacy Rights section below for more information.

9. Data Security

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to Thnks is done at your own risk.

Once we receive your transmission, we make reasonable efforts to ensure security on our systems. 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 Sites. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.

If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps.

10. Children’s Online Privacy

Thnks does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use the Platform. If you are under 13 please do not attempt to register on the Platform or send us any personal information.

11. Your rights

Your rights related to your personal information will vary by jurisdiction and may include:

• The right to be fully informed of what personal information we collect, why we collect the data, and whether we intend to transfer it.
• The right to access your personal information and correct or update any errors;
• The right to have your personal information deleted;
• The right to receive notices relating to our use of your personal information;
• The right to restrict the use of personal data;
• The right to object to some forms of processing or use;
• The right to lodge a complaint with the competent supervisory authority.

If our use of personal information is based on your consent, you may withdraw it at any time by contacting us in writing as indicated below.

12. Your California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Platform that 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 email [email protected] or give us a call (see Contact Us for more details). Please note – we do not respond to do not track signals.

13. Nevada Privacy Rights

Nevada residents have the right to opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information.

14. EU privacy rights

If you are in the European Economic Area, United Kingdom, or are otherwise subject to the General Data Protection Regulation, then this section of our Privacy Policy applies to you.

a. Data controller

Thnks acts as a data controller with respect to personal data it collects from its clients and prospective clients (i.e., its own customer relationship management data).

Thnks acts as a data processor under GDPR to the extent it processes personal data about EU citizens on behalf of its clients. In this instance, our clients are considered data controllers. Thnks processes the personal data according to contract and written instructions from the data controller.

b. Additional information about data we collect about you

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

c. Lawful basis

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

d. Your data subject rights

Data subjects have the right, at any time, to request access to, rectification or erasure of his/her personal data, or restriction or objection to processing, to lodge a complaint with the applicable supervisory authority as well as the right to data portability or to withdraw the consent given by addressing a written communication to Thnks, 231 Public Square, Suite 200, Franklin, TN 37064 or by sending an e-mail to: [email protected] providing a copy of your identity document or any document proving your identity.

Thnks reserves the right to verify the truthfulness of personal data provided at any time.

e. Data retention

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

15. Changes to Our Privacy Policy

We will post any changes we may make to our privacy policy on this page and indicate on the Platform that we updated this privacy policy. Please check back frequently to see any updates or changes to our privacy policy.

16. Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

[email protected].

Thnks

231 Public Square

Suite 200

Franklin, TN 37064