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Privacy Policy

Last Updated: 04/10/2022

This Privacy Notice describes how Gifts Maxim LLP (“Gifts Maxim”, “we”, “us” or “our”) collects, uses, discloses, and otherwise processes Personal Information (as defined below) in connection with our website https://spells.help (the “Site”), and the related content, platform, services, and other functionality offered on or through our online services and mobile applications (which are referred to together with the Sites in this Privacy Notice as the “Services”).


GLOBAL APPLICABILITY AND REGION-SPECIFIC DISCLOSURES

This Privacy Notice is designed to apply to our Site visitors, users of our Services and other companies and users on a global basis. We may choose or be required by law to provide additional disclosures relating to the processing of Personal Information in certain countries, regions or states. Please refer below for disclosures that may be applicable to you:

 

California: These Additional California Privacy Disclosures (the “CA Disclosures”) supplement the information contained in our Privacy Noticeand apply solely to individual residents of the State of California (“consumers” or “you”).

These CA Disclosures provide additional information about how we collect, use, disclose and otherwise process Personal Information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our Privacy Notice or as otherwise defined in the CCPA. 

For purposes of these CA Disclosures, “personal information” has the meaning provided by the CCPA and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with us, or that is excluded from the CCPA’s scope.  This section does not apply to information relating to our employees, contractors, and other personnel.

Nevada: Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident.  Note we do not sell your Personal Information within the meaning of Chapter 603A. However, if you would still like to submit such a request, please contact us at maxim.gifts.help@gmail.com

European Economic Area, United Kingdom or Switzerland: If you are located in the European Economic Area (“EEA”), United Kingdom or Switzerland, or otherwise engage with "Gifts Maxim" European operations, please see the Privacy Disclosures for the European Economic Area, United Kingdom and Switzerland for additional European-specific privacy disclosures, including what constitutes your Personal Information, the lawful bases we rely on to process your Personal Information, how we use cookies when you access our Sites from the EEA, UK or Switzerland and your rights in respect of your Personal Information

 

  1. What is Personal Information?

When we use the term “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.

  1. Collection and Use of Personal Information

When you use our Services, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. See the list below for more information about what Personal Information we collect and why.

Information That You Provide


We collect Personal Information from you. The categories of information we collect can include:

 

 

  • Account Information 
    • Examples of Personal Information collected: name, email, address, phone number.
    • Purpose of collection: to provide products or services to you to fulfill our contract, manage your account, to provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Order Information 
    • Examples of Personal Information collected: name, billing address, shipping address, payment information, email address, and phone number. Note we use third-party payment processors to process your payments. Because we use third-party payment processors, we do not retain any personally identifiable financial information such as credit card numbers. Rather, all such information is provided directly to the third-party processor. The payment processor’s use of your Personal Information is governed by their privacy notice. Please review each processor’s privacy notice to understand how they will manage or otherwise process your Personal Information, including your financial data.
    • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Communications and Customer Support Information 
    • Examples of Personal Information collected: name, billing address, shipping address, email address, phone number, or any other Personal Information you choose to provide us.
    • Purpose of collection: to provide customer support, to investigate and respond to your inquiries, and to communicate with you, to enhance the services we offer to our users and to manage and grow our organization. If you register for our newsletters or updates, we may communicate with you by email.
  • AR Features (Photos and Images) 
    • Examples of Personal Information collected: individual photos which may include backgrounds or other objects by which your general location could be derived. 
    • Purpose of collection: to provide products or services to you to fulfill our contract. 
  • Marketing emails
    • Examples of Personal Information collected: email and applicable interests and communication preferences.
    • Purpose of collection: send you regular updates about our products or services, manage our communications with you, and send you information about products and services we think may be of interest to you.
  •  

Personal Information Collected from Other Sources and Third Parties

 

Although we often collect the Personal Information described above directly from you, we also collect this information through service providers and other third parties that collect it on our behalf, as noted below. Please note that our systems may record Personal Information that you type into our websites and other online Service even if you do not choose to submit it. 

 

Social Media. When you interact with our Service through various social media, such as when you click on the social media icon on the Service, follow us on a social media site, or post a comment to one of our pages.

Examples of Personal Information collected: profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. The data we receive complies with your privacy settings with the social media network.

Purpose of collection: We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.

Information from Other Sources.  We may obtain information from other sources, including through third-party information providers, customers, public sources, or through transactions such as mergers and acquisitions. We may combine this information with other information we collect from or about you. In these cases, our Privacy Notice governs the handling of the combined Personal Information. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you. 

 

Personal Information Automatically Collected

 

As is true of most digital platforms, we and our third-party providers and partners collect certain Personal Information automatically when you visit or interact with our websites and:

 

Log Data: Including your internet protocol (IP) address, operating system, browser type, browser ID, the URL you entered and the referring page/campaign, date/time of your visit, the time you spent on our Service and any errors that may occur during your visit to our Service.

Analytics Data: Including the electronic path you take to our Service, through our Service and when exiting our Service, as well as your usage and activity on our Service, such as the links, objects, products and benefits you view, click or otherwise interact with (also known as “Clickstream Data”). This data will allow us to better understand how you are using our Service and help improve your user experience

Location Data: Including your general geographic location based on the Log Data we collect or more precise location when permitted by 

 

 

For information about our, and our third-party providers and partners’, use of cookies and related technologies to collect information automatically on our online Service, and the choices you may have in relation to  those practices

 

Other Uses of Personal Information

 

In addition to the uses described above, we may collect and use Personal Information for the following purposes:

 

For our business activities, including to operate the Service and to provide you with the features and functionality of the Service;

To communicate with you and respond to your requests, such as to respond to your questions, contact you about changes to the Service, and communicate about account related matters;

For analytics and research purposes;

To enforce our Terms and Conditions to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;

To comply with contractual and legal obligations and requirements;

To fulfill any other purpose for which you provide Personal Information; and

For any other lawful purpose, or other purpose that you consent to.

 

III. Legal Requirements. We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights, including enforcing our Terms of Service or other agreements, or protect the security or integrity of the services.

Consent: We may disclose Personal Information about you to certain other third parties with your consent.

Aggregated and Anonymized Information: We may share your Personal Information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.

 

  1. Children’s Personal Information

Our Service is not directed to, and we do not intend to, or knowingly, collect or solicit Personal Information from children under the age of 13. If you are under the age of 18, please do not use our Site or otherwise provide us with any Personal Information either directly or by other means. If a child under the age of 18 has provided Personal Information to us, we encourage the child’s parent or guardian to contact us to request that we remove the Personal Information from our systems. If we learn that any Personal Information we collect has been provided by a child under the age of 18,  we will promptly delete that Personal Information.


  1. Updates to this Privacy Notice

We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on our Service, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. 

  1. Contact Us

If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to maxim.gifts.help@gmail.com

Alternatively, inquiries may be addressed:

Gifts Maxim LLP, Kazakhstan, Nur-Sultan, Saryarka district, Beybitshilik street, building 14, office 908



Collection and Use of Personal Information

We collect Personal Information from and about you for a variety of purposes, as described in the Collection and Use of Personal Information section of the Privacy Notice. In the last 12 months, we have collected the following categories of Personal Information:

  • Identifiers, such as your name, address, phone number, email address, or other similar identifiers;
  • Commercial information, such as records of services purchased, obtained or considered;
  • Internet/Network information, such as device information, logs and analytics data;
  • Geolocation data, such as approximate location data generated based on your IP address or other information; and
  • Inferences about your interests and preferences, generated from your use of our sites.

We collect this information directly from you, from our business partners and affiliates, from your browser or device when you visit our websites, or from third parties that you permit to share information with us.


Your California Privacy Rights

As a California resident, you may be able to exercise the following rights (subject to certain limitations at law): 

  • The Right to Know any or all of the following information relating to your Personal Information we have collected and disclosed in the last 12 months, upon verification of your identity: 
    • The specific pieces of Personal Information we have collected about you; 
    • The categories of Personal Information we have collected about you; 
    • The categories of sources of the Personal Information; 
    • The categories of Personal Information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed; 
    • The categories of Personal Information we have sold and the categories of third parties to whom the information was sold; and 
    • The business or commercial purposes for collecting or selling the Personal Information.
  • The Right to Request Deletion of Personal Information we have collected from you, subject to certain exceptions.
  • The Right to Opt Out of Personal Information Sales to third parties now or in the future.

You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process Personal Information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.

How to Exercise Your California Privacy Rights 

To exercise your Right to Access, Right to Know or your Right to Deletion, please submit a request by:

  • Emailing us at maxim.gifts.help@gmail.com with the subject line, “California Rights Request”;
  • Filling out our California Consumer Rights Request Form

Authorized Agents

In certain circumstances, California residents are permitted to use an authorized agent to submit requests to know or delete Personal Information on their behalf through the designated methods set forth in this Notice, where we can verify the authorized agent’s authority to act on their behalf by:

  • receiving a power of attorney valid under the laws of California from the consumer or their authorized agent; or
  • receiving sufficient evidence to show that the consumer has:
    • provided the authorized agent signed permission to act on their behalf;
    • verified the consumer’s own identity directly with us pursuant to the procedures set forth in this Notice; or directly confirmed with us that the consumer provided the authorized agent permission to submit the request on their behalf.
  • For requests to opt-out of Personal Information “sales”, we require a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.

California’s Shine the Light 

 

 

California's “Shine the Light” law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of Personal Information to third parties for their direct marketing purposes. To opt-out of having your Personal Information disclosed to third parties for their direct marketing purposes, please contact us at maxim.gifts.help@gmail.com  and provide your contact information to be added to our suppression list.

 

 

 

PRIVACY DISCLOSURES FOR THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM AND SWITZERLAND



Personal Data:  When we use the term “personal data” in this section, we mean information relating to an identified or identifiable natural person.

  1. PERSONAL DATA WE COLLECT FROM YOU WHEN YOU USE THE Gifts Maxim EUROPEAN SERVICES, AND HOW WE USE IT

We collect the categories of personal data that you voluntarily submit directly to us when you use the European Services, as set forth in our Privacy Notice under the section entitled Collection and Use of Personal Information. sets out in detail the categories of personal data we collect about you and how we use that information when you use the European Services, as well as the legal basis which we rely on to process the Personal Information and recipients of that Personal Information.

  1. INFORMATION WE COLLECT ABOUT YOU AUTOMATICALLY

We also automatically collect Personal Information indirectly about how you access and use the European Services, and information about the device you use to access the European Services. For example, we may collect:

  • information about the features you use and the pages you view on the European Services;
  • information about your device (such as your IP address, device identifier, device type, model and manufacturer); and
  • information about your usage patterns (such as how often you use the Gifts Maxim European Services and your language settings).

We use this information to provide you the features and functionality of the European Services, to monitor and improve the European Services and to develop new services.

sets out further information about the categories of Personal Information we collect about you automatically and how we use that information. The table also lists the legal basis which we rely on to process the Personal Information and recipients of that Personal Information. 

We may link or combine the Personal Information we collect about you and the information we collect automatically. 

We may anonymise and aggregate any of the Personal Information we collect (so that it does not directly identify you). We may use anonymised information for purposes that include testing our IT systems, research, data analysis, improving the Gifts Maxim European Services. We may also share such anonymised and aggregated information with others.

 

HOW LONG WILL WE STORE YOUR PERSONAL INFORMATION

We will usually store the Personal Information we collect about you for no longer than necessary for the purposes set out in Annex 1 and Annex 2, in accordance with our legal obligations and legitimate business interests. 

The criteria used to determine the period for which Personal Information about you will be retained varies depending on the legal basis under which we process the Personal Information:

(a) Legitimate Interests. Where we are processing Personal Information based on our legitimate interests, we generally will retain such information for a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of data subjects.

(b) Where we are processing Personal Information based on your consent, we generally will retain the information until you withdraw your consent, or otherwise for the period of time necessary to fulfil the underlying agreement with you or provide you with the applicable service for which we process that Personal Information.

(c) Where we are processing Personal Information based on contract, we generally will retain the information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from the contractual relationship.

(d) Legal Obligation. Where we are processing Personal Information based on a legal obligation, we generally will retain the information for the period of time necessary to fulfil the legal obligation.

(e) Legal Claim. We may need to apply a “legal hold” that retains information beyond our typical retention period where we face threat of legal claim.  In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.

In all cases, in addition to the purposes and legal bases, we consider the amount, nature and sensitivity of the Personal Information, as well as the potential risk of harm from unauthorised use or disclosure of your Personal Information.

 

.  MARKETING AND ADVERTISING

From time to time we may contact you with information about our services, including sending you marketing messages and asking for your feedback on our services. Most marketing messages we send will be by email. For some marketing messages, we may use Personal Information we collect about you to help us determine the most relevant marketing information to share with you.



STORING AND TRANSFERRING YOUR PERSONAL INFORMATION

Security. We implement appropriate technical and organisational measures to protect your Personal Information against accidental or unlawful destruction, loss, change or damage. All Personal Information we collect will be stored by our cloud hosting provider on secure servers. We will never send you unsolicited emails or contact you by phone requesting credit or debit card information or national identification numbers.

International Transfers of your Personal Information. The Personal Information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations. If you are located in the EEA, United Kingdom or Switzerland, your Personal Information may be processed outside of those regions, including in the United States and Kazakhstan. 

In the event of such a transfer, we ensure that: (i) the Personal Information is transferred to countries recognised as offering an equivalent level of protection; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard data protection clauses adopted by the European Commission. 

If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of these Privacy Disclosures.

  1. PROFILING

We may analyze personal data we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively send product updates. We may also use personal data about you to detect and reduce fraud. and credit risk.

 

YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION

In accordance with applicable privacy law, you have the following rights in respect of your Personal Information that we hold:

(a) Right of access. You have the right to obtain:

(i) confirmation of whether, and where, we are processing your Personal Information;

(ii) information about the categories of Personal Information we are processing, the purposes for which we process your Personal Information and information as to how we determine applicable retention periods;

(iii) information about the categories of recipients with whom we may share your Personal Information; and

(iv) a copy of the Personal Information we hold about you.

(b) Right of portability. You have the right, in certain circumstances, to receive a copy of the Personal Information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.

(c) Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete Personal Information we hold about you without undue delay.

(d) Right to erasure. You have the right, in some circumstances, to require us to erase your Personal Information without undue delay if the continued processing of that Personal Information is not justified.

(e) Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your Personal Information if the continued processing of the Personal Information in this way is not justified, such as where the accuracy of the Personal Information is contested by you.

(f) Right to withdraw consent. There are certain circumstances where we require your consent to process your Personal Information. In these instances, and if you have provided consent, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your Personal Information before your withdrawal.

You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your Personal Information, and we will assess and inform you if that is the case.  You can object to marketing activities for any reason.



If you wish to exercise one of these rights, please contact us using the contact details at the end of these Privacy Disclosures, or you can email us at mag.maksim2012@gmail.com

 

 

Due to the confidential nature of data processing we may ask you to provide proof of identity when exercising the above rights. This can be done by providing a scanned copy of a valid identity document or a signed photocopy of a valid identity document.

  1. COOKIES AND SIMILAR TECHNOLOGIES USED ON OUR EUROPEAN SERVICES

Our European Services uses cookies and similar technologies such as pixels and Local Storage Objects (LSOs) like HTML5 (together "cookies") to distinguish you from other users of our European Services. This helps us to provide you with a good experience when you browse our European Services and also allows us to monitor and analyse how you use and interact with our European Services so that we can continue to improve our European Services. It also helps us and our advertising partners to determine products and services that may be of interest to you, in order to serve you targeted advertisements.

Cookies are pieces of code that allow for personalisation of our European Services experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. 

We use the following types of cookies:

(a) Strictly necessary cookies. These are cookies that are required for the operation of our European Services. They include, for example, cookies that enable you to log into secure areas of our European Services.

(b) Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our European Services when they are using it. This helps us to improve the way our European Services works, for example, by ensuring that users are finding what they are looking for easily.

(c) Functionality cookies. These are used to recognise you when you return to our European Services. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

(d) Targeting cookies. These cookies record your visit to our European Services, the pages you have visited and the links you have followed. We will use this information to make our European Services and the advertising displayed on it, and the marketing messages we send to you more relevant to your interests. We may also share this information with third parties who provide services to us for this purpose.

(e) Third party cookies. Please be aware that advertisers and other third parties may use their own cookies tags when you click on an advertisement or link on our European Services. These third parties are responsible for setting out their own cookie and privacy policies.

Other than strictly necessary cookies, which are required for the operation of our European Services, we will only place cookies on your device if you give us your consent to do so. We will ask you to tell us which cookies you agree to receive when you first access our European Services.

 

TRACKING TECHNOLOGIES USED IN OUR EMAILS

Our emails may contain tracking pixels that identify if and when you have opened an email that we have sent you, how many times you have read it and whether you have clicked on any links in that email. This helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests and to understand if you have opened and read any important administrative emails we might send you.

Most popular email clients will allow you to block these pixels by disabling certain external images in emails. You can do this through the settings on your email client – these generally give you the option of choosing whether emails will display "remote images", "remote content" or "images" by default.

Some browsers also give you the option of downloading and installing extensions that block pixels and other tracking technologies.


COOKIE POLICY

  1. Scope of Notice

This Cookie Notice supplements the information contained in the Privacy Notice by explaining how we and our business partners and services providers use cookies and related technologies in the course of managing and providing our online services and our communications to you. It explains what these technologies are and why we use them, as well as your rights to control our use of them. 

In some cases, we may use cookies and related technologies described in this Cookie Notice to collect Personal Information, or to collect information that becomes Personal Information if we combine it with other information. For more details about how we process your Personal Information, please review the Privacy Notice.

  1. What Are Cookies and Related Technologies

Cookies are small data files that are stored on your computer that allow us and our third-party partners and providers to collect certain information about your interactions with our email communications, websites and other online services.  We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”).

III. What We Collect When Using Cookies

We and our third-party partners and providers may use cookies to automatically collect certain types of usage information when you visit or interact with our email communications, websites and other online services. For example, we may collect log data about your device and its software, such as your IP address, operating system, browser type, date/time of your visit, and other similar information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure usage and activity trends for our online services and better understand our customer base.

Third-party partners and providers may also collect Personal Information about your online activities over time and across different websites when you use our websites and online services.

  1. How We Use That Information

We use or may use the data collected through cookies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit our websites and online services; (b) provide and monitor the effectiveness of our websites and online services; (c) monitor online usage and activities of our websites and online services; (d) diagnose errors and problems with our websites and online services; (e) otherwise plan for and enhance our online services; and (f) facilitate the purposes identified in the Collection and Use of Personal Information section of our Privacy Notice.  We and our advertising partners also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver ads and information about products and services that may be of interest to you. 

Please note that we link some of the Personal Information we collect through cookies with the other Personal Information that we collect about you and for the purposes described in our Privacy Notice.

 

  1. Your Choices About Cookies

Most browsers also allow you to change your cookie settings to block certain cookies. Depending on your mobile device and operating system, you may not be able to delete or block all cookies.  Please note that if you choose to refuse all cookies you may not be able to use the full functionality of our European Services. These settings will typically be found in the "options" or "preferences" menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the "Help" option in your browser for more details.

Cookie settings in Internet Explorer

Cookie settings in Firefox

Cookie settings in Chrome

Cookies settings in Safari web and iOS.

If you would like to find out more about cookies and other similar technologies, please visit www.allaboutcookies.org. or the Network Advertising Initiative's online sources at www.networkadvertising.org. We and our third-party partners may also use cookies and tracking technologies for advertising purposes.  

Please note that deleting or blocking cookies may not be effective for all types of tracking technologies, such as Local Storage Objects (LSOs) like HTML5. 

You can also learn more about Google’s practices with Google Analytics by visiting Google’s privacy policy.  You can also view Google’s currently available opt-out options.

 

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