Updated 27 June 2012

1. General

This Privacy Policy is intended to inform you of Mystery Gift Machine (“MGM”) policies and practices regarding the collection, use and disclosure of any information about you that directly or indirectly may be associated to you, such as your name, email address, MGM user ID number and also transactional information and other information (”Personal Data”) that you submit or disclose to MGM when accessing the MGM Platform and/or using the MGM Services (irrespective of whether it is public or non-public information).

2. Definitions

In this Privacy Policy the terms (identified with initial capitalization) used herein shall have the meanings specified in the Terms of Service (available at http://www.Mysterygiftmachine.com/tos). Additional definitions are also provided in this Privacy Policy.

In this Privacy Policy, “MGM” means Mystery Gift Machine.

3. User Consent

By registering a MGM Account and accessing the MGM Platform from your Device, you consent to the collection and use of your Personal Data as we have outlined in this Privacy Policy, which is incorporated into and forms part of our Terms of Service. You unconditionally consent to MGM’s collection and processing of your Personal Data as specified in this Privacy Policy (and as amended from time to time) by allowing the MGM Platform to access your Facebook or other Social Network account.

4. Controller of Personal Data

MGM is the data controller of the Personal Data expressly requested by MGM and such Personal Data may be transferred to, processed and stored by MGM’s affiliates and group companies as well as third parties providing services to MGM. Some of these third parties may be located in a country outside the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. MGM is committed to protecting your Personal Data at all times and the Personal Data will not be used or disclosed for purposes for which you have not given consent to pursuant to this Privacy Policy or which is not permitted under applicable laws.

5. Age Restrictions

Children under the age of 13 are not permitted to use MGM Services, and we do not intentionally collect or maintain Personal Data from persons who are under the age of 13. By using MGM Services, you represent that you are at least 18 years of age, or that you are between 13 and 17 years of age and have a parent’s or guardian’s permission to use MGM Services. If we obtain actual knowledge that we have collected Personal Data from a person under the age of 13 or a person between 13 and 17 years of age who does not have a parent’s or a guardian’s consent to use MGM Services, we will take steps to remove that person’s Personal Data permanently from our databases.

6. Collection of Personal Data

Personal Data That You Provide

MGM collects information that you voluntarily enter, including Personal Data, within the MGM Platform. MGM collects Personal Data about you and your friends who use MGM Services, from you and from the Social Network connected to the MGM Platform (including your profile photo), in order to provide you with a more personalized experience. We may collect information from your Social Network that you have permitted to be displayed through the MGM Platform and we may also collect information that you submit when using MGM Services. For example, when you send a gift to your friends, we may collect and associate certain of your friends’ non-personally identifiable demographic information (like age, gender, tastes, and geographic location) with specific merchants in order to create a better value and a more sophisticated product experience. We may also request optional information from you to support and enhance your use of MGM Services.

The information relating to you that is being processed by MGM includes:

Identification data (e.g. name, email address);

Profile information (e.g. age, gender, nationality);

Electronic identification data (e.g. IP address, cookies); and

Content that you submit during your use of MGM Services, such as photos, reviews, greetings and other information you choose to submit.

When you purchase a Gift, you will need to submit credit card or other payment information so that our service providers can process your payment. All payments are processed with due observance of any applicable security obligations.

When you sign up for or win any contests, sweepstakes or other activities that we make available on the MGM Platform, we will also collect the information designated along with such activity, which may include your contact information such as your address and phone number in order to provide you with MGM Services. When you win a contest, sweepstakes, or other activity, or you post content publicly accessibly on social networks, MGM may also use your content for promotional purposes.

Personal Data from Other Sources

We may receive Personal Data about you and your friends from other sources such as the Social Network connected to the MGM Platform, as well as Merchants and other third parties that help us improve your experience of MGM Services and generally make MGM Services better. MGM may associate this information with the other Personal Data that MGM has collected about you.

Email and Email Addresses

If you send an email to us at hello@mysterygiftmachine.com, we will collect your email address and the full content of your email, including attached files and other information you provide in order to document and to further develop MGM Services based on user feedback. If you provide feedback to us, we may use and disclose such feedback to our Merchants to improve or modify MGM Services.

MGM may use and display your full name and email address when you send an email or electronic notification to a friend through the MGM Platform or the Social Network connected to MGM Services (such as in an invitation or when sharing your content). Additionally, we may use your email address or Social Network to contact you on behalf of your friends (such as when someone sends you a personal message) or to help deliver MGM services.

When you choose to sign up to receive information about products or services that may be of interest to you, MGM may collect your email address and other related information also for that purpose. MGM may use this email address to contact you for things such as notifications of limited-edition shop sales and other related advertisement information. You may at any time opt-out from any further advertisements to your email address by sending a notice to MGM at support@Mysterygiftmachine.com.

Information Collected via Technology

As you use MGM Services, certain information may also be passively collected and stored on our or our service providers’ server logs, including your IP address, browser type and operating system. We may also use cookies (as defined below) and navigational data like Uniform Resource Locators (”URLs”) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on the MGM Platform you clicked. This type of information is collected to make MGM Services more useful to you and to tailor the experience with MGM Services to meet your special interests and needs.

For example, we, or our service providers, may track your IP Address when you access the MGM Platform to assist with ad targeting. An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your Device when you use the Internet. In some cases your IP Address stays the same from browser session to browser session, but if you use a consumer Internet access provider, your IP Address probably varies from session to session.

Cookies

“Cookies” are small pieces of information that MGM sends to and stores on the Device that you use when accessing the MGM Platform.

MGM uses cookies to provide you with a more personal and interactive experience with the MGM Platform and to improve MGM Services. Cookies help us evaluate what types of information that might be of interest to you and other users, to improve our and our Merchants’ advertisements and to protect you and MGM from unlawful activities. We also use cookies to know when you are interacting with Merchants or other third parties.

In order to use MGM Services, your Device must accept cookies. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed or blocked by following your Internet browser´s help file directions. But some aspects of the MGM Platform may not work properly and you may not be able to use MGM Services if our cookies are removed or blocked.

Location

If the settings on your Device allow us to receive location information, MGM will collect that information in order to provide you with a more geographically targeted experience of MGM Services and provide you with nearby offers, Merchant information, etc.

7. Use and Disclosure of Personal Data

Personal Data that you submit to us is used by MGM to provide you with access to the MGM Platform and MGM Services; to administer your MGM Account; to improve MGM Services; to better tailor the features, performance and support of the MGM Platform; and to offer you additional information, advertisements, opportunities, promotions and functionality from us (including in cases when we contact you in connection with specific Merchant advertisements, opportunities and promotions).

MGM may provide your Personal Data to third-party service providers who work on behalf of or with us to provide some of the services and features of the MGM Platform and to help us communicate with you. Examples of such services include sending email, analyzing data, providing marketing assistance, processing payments (including credit card payments) and providing customer service. Such third-party service providers may only process Personal Data to provide the relevant services to MGM and in accordance with MGM’s instructions.

The Personal Data that you provide will allow MGM to inform you of MGM Services, such as gift occasions as well as other services and products that may be of interest to you. MGM may use your Personal Data for processing, managing and providing you with retail offers, advertisements and other information related to your profile and interests. By using MGM Services you agree that MGM may contact you to conduct targeted advertising based on the information provided by you and collected by MGM. This type of targeting is performed to make MGM Services and solutions more useful to you and to tailor the experience with the MGM Platform to meet your special interests and needs. Sometimes this type of targeting and other offers, advertisements and promotions is performed by MGM on behalf of Merchants. MGM does not disclose your Personal Data to Merchants, but may make certain of your non-personally identifiable demographic information (like age, gender and general location) available in connection with our agreements with Merchants. None of the information provided to Merchants would allow them to identify you or your Personal Data.

We may promote third-party products and/or services by placing advertisements on the MGM Platform on behalf of Merchants and ad servers. These Merchants may use cookies and/or “Web Beacons” (which are usually small, transparent graphic images) in order to monitor information related to served advertisements. Clicking on such advertisements will direct you to the website of such Merchants. This Privacy Policy does not cover the privacy practices of any such Merchants, as further described in Section 7 (Third-Party Websites) in the Terms of Service.

Your Personal Data may also form part of MGM’s statistics but then we will exclude, for instance, your name. MGM will generally aggregate this information and use it in statistical analysis to help us analyze patterns in the use of MGM Services and to help Merchants indirectly (via MGM) target users with the desired demographics.

In the event MGM is subject to a business transition such as a merger, acquisition by another company or a sale of all or a portion of MGM’s assets, your Personal Data may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of MGM or its assets may continue to process your Personal Data as set forth in this Privacy Policy.

In addition to the above, MGM may disclose your Personal Data if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on MGM or pursuant to any other legal claims or (b) to protect and defend MGM’s rights, property or interests or (c) to protect your rights or any third-party rights or (d) fight against fraud or (e) to enforce our policies (including this Privacy Policy and our Terms of Service).

8. Ability to View Your Information

When you register a MGM Account, your Social Network friends may be notified of your use of MGM Services.

It is up to you to make sure that you are comfortable with the information that you choose to provide to MGM and the information you choose to publish either directly on the MGM Platform or through your Social Network, which is connected to the MGM Platform.

You acknowledge that when you use MGM Services, certain information that you post or provide through the MGM Platform (such as your name, profile, comments, collections and reviews,) may be shared with other users and posted on publicly available portions of the MGM Platform, including, without limitation, social media applications and other public fora in which you choose to participate. Please keep in mind that if you choose to disclose Personal Data when posting comments or other information or content through the MGM Platform, this information may become publicly available and may be collected and used by others, including people outside the MGM Platform. We will not have any obligations with respect to any information that you post via the MGM Platform and make available to others, and recommend that you use caution when giving out Personal Data to others through Social Networks.

9. Security of Collected Information

MGM is committed to protecting the security of your Personal Data. We will take appropriate technical and organizational measures with due observance of the applicable obligations under relevant legislation to protect provided or otherwise collected Personal Data and traffic data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized or unlawful access, use or disclosure and accidental loss, destruction and damage. Even though MGM has taken significant steps to protect your Personal Data, no company, including ours, can fully eliminate security risks associated with Personal Data.

10. Access to, Rectifying and Deleting Your Personal Data

You are entitled, once a year, to request information from MGM about the Personal Data relating to you which is being processed by MGM and to request, where relevant, that such Personal Data is rectified by sending a notice to MGM at support@mysterygiftmachine.com or at the following address:

Mystery Gift Machine

PO Box 391032

Cambridge, MA 02139

MGM will make all reasonable efforts to accommodate a request to delete Personal Data, unless such data is required to be retained pursuant to applicable laws, or for lawful business purposes, or to protect and defend MGM’s rights, property or interests, or to fight against fraud, or to enforce our policies (including this Privacy Policy and our Terms of Service).

You may also, at any time, ask us to discontinue processing your Personal Data for direct marketing purposes by notifying us at the address above that you would like us to stop sending you promotional communications.