The only personal data to which SendGift will have access through the Website will be those that the User voluntarily provides and that will be treated pursuant to the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee. of digital rights (hereinafter, "LOPDGDD") and with the Regulation of Protection of Personal Data of the EU 679/16 (hereinafter "RGPD"), and its implementing regulations. In this sense, the User must know that for registration and registration of the services offered through the Website, personal data will be requested, the collection of some of which is absolutely necessary for the provision of the services that the User may have requested. In compliance with current regulations, SendGift expressly states that it has adopted all the necessary technical and organizational measures to guarantee the security and integrity of the personal data it processes, as well as to avoid its possible loss, alteration and/or access from unauthorized third parties.
1. Processing and purposes of personal data provided through the Website
In accordance with the data protection regulations, SendGift, with address at Calle Raval Convent 6, 25200, Guissona (Spain), informs all Users of the Website that provide their personal data that they will be incorporated into an automated personal data file ownership of SendGift. In this sense, the User at the time of registration on the Website, as well as during the purchase process of a service and/or product offered by SendGift on the Website, provides SendGift some personal data with the following purposes:
Allow access to the services and products offered on the Website.
Manage, maintain, develop, control and promote the services and products offered on the Website.
Manage and develop the contractual relationship between both parties, as well as the contractual relationship between the User and third companies.
Economic, fiscal, accounting, administrative and billing management between the parties.
Send commercial and/or service communications about SendGift's services and products.
2. Data processing legitimization
The legal basis for the processing of the User's data is the provision and execution of the services contracted by the User. Without prejudice that the sending of commercial communications is based on the specific consent, which at the time of the collection of your data has been provided to us, such sending of commercial communications is legitimized by the existence of a prior contractual relationship between the parties. In this way, if the User does not want to continue receiving commercial communications from SendGift, he may communicate it to SendGift through any of the aforementioned contact addresses, without the withdrawal of this consent conditioning the execution of the provision of services signed between the parts.
SendGift informs the User of the mandatory collection of the data requested in the registration forms that appear on the screen during the contracting process of the services offered through the Website, except in those cases where it is indicated that it is optional. Consequently, if the User does not provide the data that has been requested on a mandatory basis, the User will not be able to access or use the aforementioned services.
3. Rights in personal data provided
At any time you can exercise your rights of access, rectification, cancellation and opposition, as well as the right of portability and limitation of processing, contained in the RGPD, by contacting: Calle Raval Convent 6, 25200, Guissona (Spain), or by email to email@example.com. In accordance with the applicable regulations on data protection, the request must contain the following data on the person affected: name and lastname, address for notification purposes, and a photocopy of the National Identity Document or any other document, valid in law, that prove your identity and request. Similarly, the consent to send commercial communications can be revoked by the User at any time by request to SendGift, to the address aforementioned at the beginning of this clause, or to the email address firstname.lastname@example.org. In any case, you can contact the Spanish Data Protection Agency www.aepd.es, to start the appropriate procedures in defense of your rights, indicating in the subject "Data Protection".
4. Rights in relation to the data provided of gift recipients
SendGift will not use recipient data that is provided by SendGift customers for any commercial, advertising or other purpose, except to send the gift to the recipient. The veracity of the data will always be the responsibility of the SendGift customer. SendGift is committed to store them and ensure compliance with the security measures established for providers of trusted electronic and privacy or data protection services, established by applicable laws, with the exception of the processing indicated below.
5. Legal age
Only natural persons over 18 years of age with full legal capacity to act can register on the Website, acting in their own name or in the name and representation of legal persons. In certain jurisdictions, the age of majority may be over 18, in which case you must meet this requirement in order to purchase services. Although those under 18 who wish to use the service can only do so with the commitment, supervision and authorization of their parents or guardians.
This Website uses a technology called "cookies" in order to collect information about its use. Cookies are small data storage and recovery devices that are installed on your computer equipment for the purposes set forth herein; In no case will our cookies process personal data or data that compromise your privacy.
By using this Website, you consent to and agree that we host these cookies on your computer or device for the purposes stated herein. If you choose not to accept our cookies, you may continue to use our Website in the normal way, although your user experience may be slightly impaired.
Type of Cookies and Purpose
Below SendGift S.L. sets out the type of cookies used on the Website, as well as its purpose and, where appropriate, the cookies used by third parties (service provider):
This Website uses the following own cookies::
User authentication or identification cookies: Authenticate users in our system.
Cookies for personalization of the user interface: Save the language preferred by the user.
This website uses the following third-party cookies:
Google Analytics: Stores cookies to be able to develop statistics on the traffic and volume of visits to this Website. By using this Website you are consenting to the processing of information about you by Google. Therefore, the exercise of any right in this regard must be done by communicating directly with Google.
Facebook Píxel: Stores cookies to be able to develop statistics on the traffic and volume of visits to this Website. By using this Website you are consenting to the processing of information about you by Facebook. Therefore, the exercise of any right in this regard must be done by communicating directly with Facebook.
Uninstallation of Cookies
Sometimes your browser can generate an instant message that will give you the possibility to reject the installation of these cookies. If your browser does not automatically provide you with this possibility, you can disable their installation by following the instructions of your browser. To allow, know, block or eliminate the cookies installed on your computer, you can do so by configuring the options of the browser installed on your computer. You can find information on how to do it at the following websites:
Changes in Cookies Policy.
At any time SendGift S.L. can modify the cookies policy so we ask you to check it periodically as changes may occur.
Terms and Conditions
1. Ownership of the Web Portal
SendGift S.L. (hereinafter, “SendGift”), with VAT number B01625938, address: Calle Raval Convent 6, 25200, Guissona (Spain) and registered in the Mercantile Registry of Lleida, . If you want to contact SendGift you can use the postal address indicated above or, if you prefer, through email email@example.com. SendGift is the company that owns the web portal www.sendgift.io (hereinafter, the "Website"). The term Website refers to and includes both the part visible during navigation (public part), as well as any area or navigation of a private nature (only visible to Registered Users, a term defined below). Thus, these terms and conditions regulate the conditions applicable to navigation by users within the Website.
SendGift makes this Website available to users in order to provide useful information on the activities and services offered by the company and to allow the purchase of the services offered at any time through the Website (hereinafter, the “ Service (s) ”). The user (hereinafter, the "User" or "Users") is defined as the person who interacts within the Website as (i) a registered user who has purchased any of the services, (ii) a registered user, but not have purchased any service, or (iii) user browsing within the Website. The first two Users mentioned (i) and (ii) will also be identified in these terms and conditions with the name of registered user (hereinafter, the “Registered User (s)”). Being a User implies acceptance of these terms and conditions (hereinafter, the "Terms and Conditions") that expressly regulate the contractual relationships between SendGift and third parties that contract products or services offered on the Website.
2. Purpose and scope
Next, we will describe the conditions that regulate the acquisition of products through the Website and the obligations and rights resulting from the subscription of these services. The purchase of the products must be carried out according to the instructions mentioned in these Terms and Conditions, as well as any other specific conditions indicated on the screen during navigation or in any other way, so that the Registered User declares to know and accept such procedures as necessary to access the services offered on the Website.
3. Procedures for the acquisition of the Services
The services offered through SendGift allow you to wrap and send digital gifts. SendGift is not responsible for the content of what our customers can wrap and send digitally through our application. On a mandatory basis, Users who wish to purchase SendGift products must be over eighteen (18) years of age or, if they are not, have the express authorization of their legal representatives to purchase the products. At the time of purchase, the User expressly declares and guarantees that he has full legal capacity to contract the services provided by SendGift or, in case of needing any type of authorization from a third party, who owns it and can demonstrate it.
To acquire the services offered through the Website, the User must previously read these Terms and Conditions carefully. The services offered on the Website, together with their characteristics and price, will appear on the explanatory screens of each of them. The price indicated on the screen will be shown in Euros or in Dollars and will include the applicable indirect taxes, unless otherwise stated. This price will be at all times the one when the User makes the purchase, except for typographical errors. SendGift regularly carries out promotional campaigns that may include discounts on the price of services, for example, through vouchers or discounts. At the time of payment, discount codes, vouchers or any other method established by SendGift may be entered, which reduce the order price by the amount previously established.
For the acquisition of the services on the Website, the User must select the desired service and click on the "Buy" button or similar expression and proceed to complete the required information, after which he must make the payment. To do this, you must previously check the characteristics displayed on the Website about the specific service, price, or applicable taxes if any, to assess whether it suits your needs.
4. Characteristics, guarantee and withdrawal Characteristics
A user registered in SendGift will have access to their private area for free, although if they do not have any contracted services at that time, they will not be able to design or send any digital wrap, except those that are part of the free plan. Each Digital Wrap created in SendGift, will have an associated expiration date depending on the contracted plan. In the section “Pricing” of the Website, the duration of the digital gift wraps for each plan is reported. The expiration will start counting the moment the wrap is activated. Understanding "activation" in two different ways:
If the customer decides to schedule the delivery of the gift to the recipient through SendGift: the moment specified as the delivery date is the moment the gift wrap will be “activated”. From that moment onwards, the gift wrap will have the expiration mentioned in the contracted plan, being understood that after that period of time, the link to access the digital gift wrap will not be available to the recipient or to the registered user of SendGift who has purchased the service.
If the customer decides to send the gift wrap personally to the recipient, SendGift will provide an access Link to the gift wrap that can be shared with the recipient until the expiration time indicated by the contracted plan expires. In this case, the gift wrap will be considered to be “active” when SendGift creates and displays the access Link of the gift wrap to the buyer of the service.
Once ONE gift is wrapped and delivered, ONE credit will be spent from the customer's private area. The rest of the credits that have been purchased but have not yet been “activated”, will remain on deposit in the customer's account without any expiration date. The above does not apply to monthly/annual subscription plans, in which the credits will be unlimited. The expiration of the access link to the gift wrap that SendGift provides does not imply, in any case, that the content of the gift that is sent has an expiration date. SendGift assumes no responsibility for content that customers choose to wrap and send via SendGift. Customers are fully responsible for the content of the gift they send through SendGift, the content of the gift being understood as all the images, videos, texts, descriptions or attached files that they may include on the Website.
SendGift will provide the services with the maximum possible efficiency with the current existing means and technologies. However, the User must be aware that SendGift cannot fully guarantee the reliability, continuity, usefulness, absence of failures and/or harmful software, or the veracity of absolutely all the information and/or services on the Website, nor of the usefulness or veracity of the contents made available through it. SendGift does not guarantee and is not responsible for: (i) the continuity of the contents of the Website; (ii) the absence of harmful components on the Website or on the server that supplies it; (iii) the invulnerability of the Website and/or the impregnability of the security measures adopted; (iv) damages caused to himself or to a third party by any person who violates the conditions, rules and instructions that SendGift establishes on the Website or through the violation of the Website's security systems.
Without prejudice the above, SendGift declares that it has adopted all the necessary measures, within its possibilities, to guarantee the operation of the Website and avoid the existence and transmission of harmful components. SendGift will not be responsible for the veracity, integrity or updating of the information published on the Website from external sources (external news, user opinions, etc.). SendGift will not assume responsibility for hypothetical damages that may appear from the use of the aforementioned information. In no case, the aforementioned content, opinions, comments and/or links will be considered as a recommendation, sponsorship, promotion or advertising by SendGift.
SendGift will not be responsible for reasons beyond its control, among which may be listed in a non-limiting manner: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the owner of the Website, actions or omissions of third parties, any fact related to the hiring or not of the Website Users, etc. In all the aforementioned cases, beyond the control and due diligence of SendGift, there will be no compensation from SendGift to the Users for damages or losses, to the extent permitted by current legislation. The non-execution by SendGift of any right or provision contained in these Terms and Conditions will not constitute a waiver thereof, unless acknowledgment and agreement in writing by you.
Rights of withdrawal
Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter “TRLGDCU”) establishes the exceptions to the right of withdrawal, establishing that "The right of withdrawal will not be applicable to contracts that refer to: [...] m) The supply of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that consequently they lose their right of withdrawal. ” Furthermore, article 59.bis of the TRLGDCU itself defines “i) «digital content «: the data produced and supplied in digital format.” Directive 2011/83 / EU of the European Parliament and of the Council of October 25, 2011 on consumer rights in its recital (19) establishes that: “Digital content must be understood as data produced and supplied in digital format, such as programs, applications, games, music, videos or computer texts regardless of whether they are accessed through download or broadcast in real time, from a material medium or by other means. ”
Based on all of the above, SendGift informs the User that they will not be able to exercise this right of withdrawal when they first access any of the content that makes up the contracted service. In the specific case that the User has contracted the “Premium Max” plan corresponding to a monthly subscription, if he authorizes automatic monthly payment, the same calendar day number of each month will automatically be charged the amount corresponding to the following month. In case the User wants to withdraw from the service, you must request it through the client area, at least 5 days before the date that the receipt corresponding to the following month would be charged, in the "My profile" section, selecting the "Cancel Subscription" option . Once requested you will receive an email with a link to effect the cancellation of the account and automatically return to the "Free Pack"
5. SendGift Obligtions
SendGift agrees to meet the following obligations:
Show to the User on the Website the necessary information regarding the services to be purchased.
Once the user has registered on the website by entering the email and password, SendGift will send him an email that must be validated in order to use any service within the private area, whether the service provided is from a free plan or from a payment plan.
As long as you have not validated the email, you will be able to access your client area, but you will not be able to send any digital gift wrap.
Once the purchase of a service has been made, SendGift undertakes to make the service available to the registered User in the private area that will have been enabled exclusively for it.
Use all the attention and professionalism considered reasonable for the provision of the services it offers.
The User will be responsible for:
All those acts that violate these Terms and Conditions, the law, morality, generally accepted principles and public order.
Any act carried out differently than what SendGift designates in its indications or instructions regarding the use of the Website and the purchase of a Service.
The certainty, accuracy, validity and timeliness of the data with which you fill out each of the forms that SendGift exposes on the Website.
The direct or indirect damages that have been caused by any third party if the User lost, revealed, neglected or, in any way, let a third party know their personal data, necessary for registration on the SendGift Website or the purchase of a Service.
Use the Website in a way that can cause damage, interruptions, inefficiencies or defects in its operation.
The proper custody of your passwords and credentials, which you will not be able to share with any other person at any time.
Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files.
Use the Website to collect personal data from other users.
Alter or modify, totally or partially, the Website, bypassing, deactivating or manipulating the functions or services of the Website in any other way.
Access, or attempt to access without authorization to any section of the Website, other systems or networks connected to the Website, SendGift's servers, or the services offered through the Website, through hacking or falsification, extraction of passwords or any other illegitimate means.
Violate, or attempt to violate, the security or authentication measures of the Website or any network connected to it, or the security or protection measures of the content offered on the Website.
Reproduce, copy, distribute, allow public access through any form of public communication, transform or modify the content, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
Transmit or disseminate information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any obscene, offensive, vulgar or material that induces criminal, denigratory, defamatory actions, infamous, violent or, in general, contrary to the law, to generally accepted morals and good principles or to public order.
Violate intellectual or industrial property rights belonging to SendGift or third parties, for example, by distributing or exploiting in any way the content obtained through SendGift.
Carry out fraudulent transactions or that may facilitate unlawful or fraudulent conduct of any kind and use the content and services and, in particular, information of any kind obtained through the Website for any type of advertising purpose and, especially, to send advertising , communications for direct sale purposes or with any other kind of commercial purpose, unsolicited messages individualized or addressed to a plurality of people, as well as to market or disclose such information in any way.
Impersonate another person or User in the use of the Website.
In all the aforementioned cases, beyond the control and due diligence of SendGift, there will be no compensation from SendGift to the User for damages, to the extent permitted by current legislation. On the contrary, the User will be responsible for damages of any nature that SendGift may suffer as a consequence of non-compliance with any of the obligations to which the User is subject.
SendGift will not be responsible for any damages that the misuse of the Website and its content could cause to the User or to a third party, for reasons not attributable to SendGift. In any case, the liability that may be demanded from SendGift by the User will be limited to the price of the service purchased by the User. In particular, SendGift expressly excludes from the provision of its services the following guarantees and responsibilities:
SendGift reserves the right to remove any content that may damage its image, may cause commercial harm, and may harm the dignity of community members or others affected.
SendGift reserves the right to interrupt access to the Website, as well as the provision of any or all of the services provided through it, at any time and without prior notice, whether for technical or security reasons, control, maintenance or for any other cause. Consequently, SendGift does not guarantee the availability or continuity of the Website or the services offered, so the use of these is carried out at the own risk of the Users of the Website.
SendGift is not responsible for damages of any nature that may arise from the availability and technical continuity of the operation of the Website. In any case, SendGift will carry out all the necessary actions to restore its services in case of technical problems.
SendGift will use all available means to protect the data hosted on its servers. In case that any natural or legal person accesses this data lawfully or unlawfully and makes improper use of this information, they must comply with current legal regulations.
SendGift will not be responsible for damages of any nature that may arise from access to content, information, advertising, opinions, concepts and images provided by Users or third parties that are contrary to law, morality, good faith and to public order, or that infringe intellectual or industrial property rights or contain defects or computer viruses or similar software routine.
In any case, SendGift does not assume responsibilities for the contents and information outside the Website that are not managed by itself. SendGift is not aware of content hosted on the Website that is contrary to law, morals, good faith and public order, or that infringes intellectual or industrial property rights or contains vices, defects or computer viruses or similar software routines.
SendGift is not responsible for any damages that come from the knowledge that unauthorized third parties may have of user data, nor of the use they make of the Website through this data.
SendGift may commercialize advertising spaces (banners, sponsorships) or carry out collaborations on the Website. In case that the advertising or collaborating companies collect personal data from users (through a link or through a specific registry developed for this purpose), these companies will be responsible for complying with data protection regulations.
SendGift is not responsible for non-compliance with discounts and promotions announcements by companies, brands, institutions and other for-profit or non-profit entities that decide to advertise on the Website. These companies and entities will be responsible for complying with said promotions and discounts, and SendGift will not be liable for any damages that non-compliance with these promotions and discounts may cause to Users.
7. Intellectual and industrial property
All content displayed on the Website and especially videos, designs, drawings, texts, graphics, logos, icons, buttons, software, trade names, trademarks or any other signs that may generate intellectual or industrial property rights or the image itself, are the property of SendGift, or of third parties with whom an agreement has been reached for its exploitation. In no case shall it be understood that the access, navigation and use of the Website by a User implies a waiver, transmission, license or total or partial transfer of said rights by SendGift. The User has a right to use the contents and/or services of the Website within a strictly domestic environment. All references to registered trademarks or trade names, or other distinctive signs, whether owned by SendGift or by third companies, in which case they are licensed to SendGift for their use and/or exploitation, imply the prohibition on their use without consent of SendGift or its legitimate owners. At no time, unless expressly stated otherwise, access, navigation or use of the Website and/or its contents, gives the User any right over distinctive signs included therein.
All intellectual and industrial property rights over the contents and/or services offered on the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, make available, transform or distribute, by any means and in any form, the Website and/or all or part of the content included on the Website, including but not limited to, texts, images, brands, graphics, logos, buttons, software files , color combinations, as well as the structure, selection, arrangement and presentation of its contents, without prejudice to the rights that third parties may have over any of the elements that make up the content. All this, without prejudice to the prior, express and written authorization of SendGift or, where appropriate, of the holder of the corresponding rights. Also, for security reasons, it is not allowed to use “frames” or mechanisms that alter or vary the design, original configuration or content of the Website.
None of the content hosted on the Website can be downloaded, reproduced or used, in any other device or place other than the Website, unless SendGift has enabled the means for it. If the user becomes aware of the existence of any content that is illegal, illegal, contrary to the laws, security breach or that could suppose an infringement of intellectual and/or industrial property rights, they must immediately notify SendGift through the address of email firstname.lastname@example.org so that we can proceed to adopt the appropriate measures. SendGift will verify this report, as soon as possible, and will take the measures it deems appropriate. Similarly, in the case that any User or a third party considers that any of the contents of the Website violates their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to email@example.com with the following information:
Identifying data and contact of the claimant or his legal representative.
Documentation that proves his status as the owner of the rights allegedly infringed.
Detailed account of the rights allegedly infringed by SendGift, as well as their exact location within the Website.
Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.
8. Links 8.1. Links to other websites (outgoing links)
In the case that, on the Website, the User could find links to other web pages through different buttons, links, banners, etc., these would be managed by third parties. SendGift has no human or technical means to know, control or approve all the information, content, or services provided by other websites to which links can be established from the website. Consequently, SendGift cannot assume any type of responsibility for any aspect related to the web page to which a link could be established from the Website, specifically, by way of example and not limitation, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general. Accordingly, if Users have effective knowledge of the illegality of activities carried out through these third-party web pages, they must immediately notify SendGift in order to disable the access link to it. The establishment of any type of link from the Website to another third party website does not imply that there is any type of relationship, collaboration or dependency between SendGift and the person in charge of the third party website.
8.2 Links on other websites to the Website (inbound links)
SendGift makes available to Users, through different tools and applications, links that allow Users to access the Website through the official channels and pages that SendGift maintains on different platforms and social networks belonging to and/or managed by third parties (eg Facebook, Twitter, LinkedIn, Instagram, Pinterest, etc.). The purpose of including these links to the Website is to provide Users with access to the Website and the services provided therein. The establishment of these links does not imply the existence of any relationship between SendGift and the owner, manufacturer or distributor of the platform from which it is linked, nor does the acceptance and approval by SendGift of its contents and/or services, being its owner, manufacturer or distributor, the only person responsible for them.
The link can only be directed to the main or home page of the Website, unless expressly authorized in writing by SendGift.
The link must be complete, that is, it must take the user, with a click, to the address www.sendgift.io and must completely cover the entire length of the screen of the main page of the Website. In no case, unless SendGift expressly authorizes it and in writing, the website that makes the link may reproduce, in any way, the Website, include it as part of its website or within one of its "frames" or create a "browser" on any of the pages of the Website.
On the page that establishes the link, it cannot be stated in any way that SendGift has authorized such a link, unless SendGift has expressly done so in writing. If the entity that makes the link from your page to the website correctly will want to include on its website the brand, denomination, trade name, label, logo, slogan or any other type of identifying element of SendGift and/or the Website, must previously have their express written authorization.
SendGift does not authorize the establishment of a link to the Website from those web pages that contain illicit, illegal, degrading, obscene materials, information or content, and in general, that contravene morality, public order or generally accepted social rules.
SendGift has no power or human and technical means to know, control or approve all the information, content, or services provided by other websites that have established links to the Website.
SendGift does not assume any type of responsibility for any aspect related to the web established by this link to the Website, specifically, by way of example and not limitation, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
9. Terms and modification
The temporary validity of these Terms and Conditions agree with the time of their exposure, until such time as they are totally or partially modified. SendGift will notify Users of the modification of these Terms and Conditions with at least 15 days to the effective modification thereof. The acceptance of the purchase of the Services by the Users will be regulated by the Terms and Conditions published at that time on the Website.
11. Law and Jurisdiction
The purchase of any service through the Website will be governed by Spanish legislation, which will be applied in what is not provided in these Terms and Conditions regarding interpretation, validity and execution. In the case of any type of discrepancy or claim between the parties, in relation to compliance or the content of these Terms and Conditions, the parties will negotiate to try to resolve such discrepancy or claim within a maximum period of one month, counted from the date in which either of them formally notifies the other of the discrepancy arisen, or notifies the claim. No obstante, para el supuesto de que la discrepancia o la reclamación no se resolviera dentro del plazo máximo señalado y sólo en casos en los que la normativa prevea la posibilidad de las partes de someterse a un fuero, SendGift y el Usuario, con renuncia expresa a cualquier fuero que pudiera corresponderles, someten la decisión del asunto planteado a los Juzgados y Tribunales de la ciudad de Lleida (España).