PRIVACY POLICY
Last updated: March 24, 2021
This Privacy Policy describes Our policies and procedures on the collection, use and
disclosure of Your information when You use the Service and tells You about Your privacy
rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You
agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless of
whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of
our Service.
Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to
the Company as the legal entity that collects Consumers’ personal information and
determines the purposes and means of the processing of Consumers’ personal
information, or on behalf of which such information is collected and that alone, or
jointly with others, determines the purposes and means of the processing of
consumers’ personal information, that does business in the State of California.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to Memorable Party LLC, 1810 Weirfield Street, Ridgewood NY
11385.
For the purpose of the GDPR, the Company is the Data Controller.
Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a
natural person who is a California resident. A resident, as defined in the law,
includes (1) every individual who is in the USA for other than a temporary or
transitory purpose, and (2) every individual who is domiciled in the USA who is
outside the USA for a temporary or transitory purpose.
Cookies are small files that are placed on Your computer, mobile device or any
other device by a website, containing the details of Your browsing history on that
website among its many uses.
Country refers to: New York, United States
Data Controller, for the purposes of the GDPR (General Data Protection
Regulation), refers to the Company as the legal person which alone or jointly with
others determines the purposes and means of the processing of Personal Data.
Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US regulatory
authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet
industry to develop and implement a mechanism for allowing internet users to
control the tracking of their online activities across websites.
Personal Data is any information that relates to an identified or identifiable
individual.
For the purposes for GDPR, Personal Data means any information relating to You
such as a name, an identification number, location data, online identifier or to one or
more factors specific to the physical, physiological, genetic, mental, economic,
cultural or social identity.
For the purposes of the CCPA, Personal Data means any information that identifies,
relates to, describes or is capable of being associated with, or could reasonably be
linked, directly or indirectly, with You.
Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling,
renting, releasing, disclosing, disseminating, making available, transferring, or
otherwise communicating orally, in writing, or by electronic or other means, a
Consumer’s personal information to another business or a third party for monetary
or other valuable consideration.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on
behalf of the Company. It refers to third-party companies or individuals employed
by the Company to facilitate the Service, to provide the Service on behalf of the
Company, to perform services related to the Service or to assist the Company in
analyzing how the Service is used. For the purpose of the GDPR, Service Providers
are considered Data Processors.
Third-party Social Media Service refers to any website or any social network
website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the
Service or from the Service infrastructure itself (for example, the duration of a page
visit).
Website refers to Memorable Party, accessible from www.memorableparty.com
You mean the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the Service, as
applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the
Data Subject or as the User as you are the individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, we may ask You to provide Us with certain personally identifiable
information that can be used to contact or identify You. Personally, identifiable information
may include, but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP
address), browser type, browser version, the pages of our Service that You visit, the time
and date of Your visit, the time spent on those pages, unique device identifiers and other
diagnostic data.
When You access the Service by or through a mobile device, we may collect certain
information automatically, including, but not limited to, the type of mobile device You use,
Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating
system, the type of mobile Internet browser You use, unique device identifiers and other
diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or
when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and
store certain information. Tracking technologies used are beacons, tags, and scripts to
collect and track information and to improve and analyze Our Service. The technologies We
use may include:
- Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can
instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent.
However, if You do not accept Cookies, you may not be able to use some parts of our
Service. Unless you have adjusted Your browser setting so that it will refuse Cookies,
our Service may use Cookies. - Flash Cookies. Certain features of our Service may use local stored objects (or Flash
Cookies) to collect and store information about Your preferences or Your activity on our
Service. Flash Cookies are not managed by the same browser settings as those used for
Browser Cookies. For more information on how You can delete Flash Cookies, please
read “Where can I change the settings for disabling, or deleting local shared objects?”
available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objectsflash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_sha
red_objects_ - Web Beacons. Certain sections of our Service and our emails may contain small
electronic files known as web beacons (also referred to as clear gifs, pixel tags, and
single-pixel gifs) that permit the Company, for example, to count users who have visited
those pages or opened an email and for other related website statistics (for example,
recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your
personal computer or mobile device when You go offline, while Session Cookies are deleted
as soon as You close Your web browser. You can learn more about cookies here: All About
Cookies by TermsFeed.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through
the Website and to enable You to use some of its features. They help to authenticate
users and prevent fraudulent use of user accounts. Without these Cookies, the
services that You have asked for cannot be provided, and We only use these Cookies
to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the
Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the
Website, such as remembering your login details or language preference. The
purpose of these Cookies is to provide You with a more personal experience and to
avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third Parties
Purpose: These Cookies are used to track information about traffic to the Website
and how users use the Website. The information gathered via these Cookies may
directly or indirectly identify you as an individual visitor. This is because the
information collected is typically linked to a pseudonymous identifier associated
with the device you use to access the Website. We may also use these Cookies to test
new pages, features or new functionality of the Website to see how our users react
to them.
For more information about the cookies, we use and your choices regarding cookies, please
visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes: - To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The
Personal Data You provide can give You access to different functionalities of the Service
that are available to You as a registered user. - For the performance of a contract: the development, compliance and undertaking of
the purchase contract for the products, items or services You have purchased or of any
other contract with Us through the Service. - To contact You: To contact You by email, telephone calls, SMS, or other equivalent
forms of electronic communication, such as a mobile application’s push notifications
regarding updates or informative communications related to the functionalities,
products or contracted services, including the security updates, when necessary or
reasonable for their implementation. - To provide You with news, special offers and general information about other goods,
services and events which we offer that are similar to those that you have already
purchased or enquired about unless You have opted not to receive such information. - To manage Your requests: To attend and manage Your requests to Us.
- To deliver targeted advertising to You: We may use Your information to develop and
display content and advertising (and work with third-party vendors who do so) tailored
to Your interests and/or location and to measure its effectiveness. - For business transfers: We may use Your information 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 Data held by Us about our Service users is among
the assets transferred. - For other purposes: We may use Your information for other purposes, such as data
analysis, identifying usage trends, determining the effectiveness of our promotional
campaigns and to evaluate and improve our Service, products, services, marketing and
your experience.
We may share Your personal information in the following situations: - With Service Providers: We may share Your personal information with Service
Providers to monitor and analyze the use of our Service, to advertise on third party
websites to You after You visited our Service, for payment processing, to contact You. - For business transfers: We may share or transfer Your personal information in
connection with, or during negotiations of, any merger, sale of Company assets,
financing, or acquisition of all or a portion of Our business to another company. - With Affiliates: We may share Your information with Our affiliates, in which case we
will require those affiliates to honor this Privacy Policy. Affiliates include Our parent
company and any other subsidiaries, joint venture partners or other companies that We
control or that are under common control with Us. - With business partners: We may share Your information with Our business partners
to offer You certain products, services or promotions. - With other users: when You share personal information or otherwise interact in the
public areas with other users, such information may be viewed by all users and may be
publicly distributed outside. If You interact with other users or register through a ThirdParty Social Media Service, your contacts on the Third-Party Social Media Service may
see Your name, profile, pictures and description of Your activity. Similarly, other users
will be able to view descriptions of Your activity, communicate with You and view Your
profile. - With Your consent: We may disclose Your personal information for any other purpose
with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the
purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the
extent necessary to comply with our legal obligations (for example, if we are required to
retain your data to comply with applicable laws), resolve disputes, and enforce our legal
agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is
generally retained for a shorter period of time, except when this data is used to strengthen
the security or to improve the functionality of Our Service, or We are legally obligated to
retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices
and in any other places where the parties involved in the processing are located. It means
that this information may be transferred to — and maintained on — computers located
outside of Your state, province, country or other governmental jurisdiction where the data
protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information
represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated
securely and in accordance with this Privacy Policy and no transfer of Your Personal Data
will take place to an organization or a country unless there are adequate controls in place
including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be
transferred. We will provide notice before Your Personal Data is transferred and becomes
subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data
if required to do so by law or in response to valid requests by public authorities (e.g. a court
or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is
necessary to: - Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us but remember that no method of
transmission over the Internet, or method of electronic storage is 100% secure. While We
strive to use commercially acceptable means to protect Your Personal Data, We cannot
guarantee its absolute security.
Detailed Information on the Processing
of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party
vendors collect, store, use, process and transfer information about Your activity on Our
Service in accordance with their Privacy Policies.
Analytics
We may use third-party Service providers to monitor and analyze the use of our Service.
Microsoft
Their Privacy Policy can be viewed at https://privacy.microsoft.com/enus/privacystatement#mainnoticetoendusersmodule
Payments
We may provide paid products and/or services within the Service. In that case, we may use
third-party services for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is provided directly
to Our third-party payment processors whose use of Your personal information is governed
by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS
as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa,
Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure
handling of payment information.
Wix
Their Privacy Policy can be viewed at https://www.wix.com/about/privacy
QuickBooks
Their Privacy Policy can be viewed at https://www.intuit.com/privacy/
Behavioral Remarketing
The Company uses remarketing services to advertise to You after You accessed or visited
our Service. We and Our third-party vendors use cookies and non-cookie technologies to
help Us recognize Your Device and understand how You use our Service so that We can
improve our Service to reflect Your interests and serve You advertisements that are likely to
be of more interest to You.
These third-party vendors collect, store, use, process and transfer information about Your
activity on Our Service in accordance with their Privacy Policies and to enable Us to: - Measure and analyze traffic and browsing activity on Our Service
- Show advertisements for our products and/or services to You on third-party websites
or apps - Measure and analyze the performance of Our advertising campaigns
Some of these third-party vendors may use non-cookie technologies that may not be
impacted by browser settings that block cookies. Your browser may not permit You to block
such technologies. You can use the following third-party tools to decline the collection and
use of information for the purpose of serving You interest-based advertising: - The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
- The EDAA’s opt-out platform http://www.youronlinechoices.com/
- The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
You may opt-out of all personalized advertising by enabling privacy features on Your mobile
device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See
Your mobile device Help system for more information.
We may share information, such as hashed email addresses (if available) or other online
identifiers collected on Our Service with these third-party vendors. This allows Our thirdparty vendors to recognize and deliver You ads across devices and browsers. To read more
about the technologies used by these third-party vendors and their cross-device capabilities
please refer to the Privacy Policy of each vendor listed below.
The third-party vendors We use are:
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the
Google Display Network ads by visiting the Google Ads Settings page:
http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on –
https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics
Opt-out Browser Add-on provides visitors with the ability to prevent their data from
being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google
Privacy & Terms web page: https://policies.google.com/privacy
Pinterest
Pinterest remarketing service is provided by Pinterest Inc.
You can opt-out from Pinterest’s interest-based ads by enabling the “Do Not Track”
functionality of your web browser or by following Pinterest instructions:
http://help.pinterest.com/en/articles/personalization-and-data
You can learn more about the privacy practices and policies of Pinterest by visiting
their Privacy Policy page: https://about.pinterest.com/en/privacy-policy
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions: - Consent: You have given Your consent for processing Personal Data for one or more
specific purposes. - Performance of a contract: Provision of Personal Data is necessary for the
performance of an agreement with You and/or for any pre-contractual obligations
thereof. - Legal obligations: Processing Personal Data is necessary for compliance with a legal
obligation to which the Company is subject. - Vital interests: Processing Personal Data is necessary in order to protect Your vital
interests or of another natural person. - Public interests: Processing Personal Data is related to a task that is carried out in the
public interest or in the exercise of official authority vested in the Company. - Legitimate interests: Processing Personal Data is necessary for the purposes of the
legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the
processing, and in particular whether the provision of Personal Data is a statutory or
contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to
guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within the EU, to: - Request access to Your Personal Data. The right to access, update or delete the
information We have on You. Whenever made possible, you can access, update or
request deletion of Your Personal Data directly within Your account settings section. If
you are unable to perform these actions yourself, please contact Us to assist You. This
also enables You to receive a copy of the Personal Data We hold about You. - Request correction of the Personal Data that We hold about You. You have the right
to to have any incomplete or inaccurate information We hold about You corrected. - Object to processing of Your Personal Data. This right exists where We are relying on
a legitimate interest as the legal basis for Our processing and there is something about
Your particular situation, which makes You want to object to our processing of Your
Personal Data on this ground. You also have the right to object where We are processing
Your Personal Data for direct marketing purposes. - Request erasure of Your Personal Data. You have the right to ask Us to delete or
remove Personal Data when there is no good reason for Us to continue processing it. - Request the transfer of Your Personal Data. We will provide to You, or to a thirdparty You have chosen, Your Personal Data in a structured, commonly used, machinereadable format. Please note that this right only applies to automated information
which You initially provided consent for Us to use or where We used the information to
perform a contract with You. - Withdraw Your consent. You have the right to withdraw Your consent on using your
Personal Data. If You withdraw Your consent, we may not be able to provide You with
access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by
contacting Us. Please note that we may ask You to verify Your identity before responding to
such requests. If You make a request, we will try our best to respond to You as soon as
possible.
You have the right to complain to a Data Protection Authority about Our collection and use
of Your Personal Data. For more information, if You are in the European Economic Area
(EEA), please contact Your local data protection authority in the EEA.
CCPA Privacy
This privacy notice section for California residents supplements the information contained
in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the
State of California.
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being
associated with, or could reasonably be linked, directly or indirectly, with a particular
Consumer or Device. The following is a list of categories of personal information which we
may collect or may have been collected from California residents within the last twelve (12)
months.
Please note that the categories and examples provided in the list below are those defined in
the CCPA. This does not mean that all examples of that category of personal information
were in fact collected by Us but reflects our good faith belief to the best of our knowledge
that some of that information from the applicable category may be and may have been
collected. For example, certain categories of personal information would only be collected if
You provided such personal information directly to Us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online
identifier, Internet Protocol address, email address, account name, driver’s license
number, passport number, or other similar identifiers.
Collected: Yes.
Category B: Personal information categories listed in the California Customer
Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or
description, address, telephone number, passport number, driver’s license or state
identification card number, insurance policy number, education, employment,
employment history, bank account number, credit card number, debit card number,
or any other financial information, medical information, or health insurance
information. Some personal information included in this category may overlap with
other categories.
Collected: Yes.
Category C: Protected classification characteristics under California or federal
law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship,
religion or creed, marital status, medical condition, physical or mental disability, sex
(including gender, gender identity, gender expression, pregnancy or childbirth and
related medical conditions), sexual orientation, veteran or military status, genetic
information (including familial genetic information).
Collected: No.
Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Collected: Yes.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or
activity patterns used to extract a template or other identifier or identifying
information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans,
keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Collected: No.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
Category G: Geolocation data.
Examples: Approximate physical location.
Collected: No.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: No.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Collected: No.
Category J: Non-public education information (per the Family Educational
Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an
educational institution or party acting on its behalf, such as grades, transcripts, class
lists, student schedules, student identification codes, student financial information,
or student disciplinary records.
Collected: No.
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person’s preferences, characteristics, psychological
trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: No.
Under CCPA, personal information does not include: - Publicly available information from government records
- Deidentified or aggregated consumer information
- Information excluded from the CCPA’s scope, such as:
- Health or medical information covered by the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical
Information Act (CMIA) or clinical trial data - Personal Information covered by certain sector-specific privacy laws, including the
Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California
Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of
1994
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories
of sources: - Directly from You. For example, from the forms You complete on our Service,
preferences You express or provide through our Service, or from Your purchases on our
Service. - Indirectly from You. For example, from observing Your activity on our Service.
- Automatically from You. For example, through cookies We or our Service Providers
set on Your Device as You navigate through our Service. - From Service Providers. For example, third-party vendors to monitor and analyze the
use of our Service, third-party vendors to deliver targeted advertising to You, thirdparty vendors for payment processing, or other third-party vendors that We use to
provide the Service to You.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose personal information We collect for “business purposes” or
“commercial purposes” (as defined under the CCPA), which may include the following
examples: - To operate our Service and provide You with our Service.
- To provide You with support and to respond to Your inquiries, including to investigate
and address Your concerns and monitor and improve our Service. - To fulfill or meet the reason You provided the information. For example, if You share
Your contact information to ask a question about our Service, we will use that personal
information to respond to Your inquiry. If You provide Your personal information to
purchase a product or service, we will use that information to process Your payment
and facilitate delivery. - To respond to law enforcement requests and as required by applicable law, court order,
or governmental regulations. - As described to You when collecting Your personal information or as otherwise set forth
in the CCPA. - For internal administrative and auditing purposes.
- To detect security incidents and protect against malicious, deceptive, fraudulent or
illegal activity, including, when necessary, to prosecute those responsible for such
activities.
Please note that the examples provided above are illustrative and not intended to be
exhaustive. For more details on how we use this information, please refer to the “Use of
Your Personal Data” section.
If We decide to collect additional categories of personal information or use the personal
information We collected for materially different, unrelated, or incompatible purposes We
will update this Privacy Policy.
Disclosure of Personal Information for Business Purposes or Commercial
Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the
following categories of personal information for business or commercial purposes: - Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records
statute (Cal. Civ. Code § 1798.80(e)) - Category D: Commercial information
- Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not
mean that all examples of that category of personal information were in fact disclosed but
reflects our good faith belief to the best of our knowledge that some of that information
from the applicable category may be and may have been disclosed.
When We disclose personal information for a business purpose or a commercial purpose,
We enter a contract that describes the purpose and requires the recipient to both keep that
personal information confidential and not use it for any purpose except performing the
contract.
Sale of Personal Information
As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing,
disseminating, making available, transferring, or otherwise communicating orally, in
writing, or by electronic or other means, a consumer’s personal information by the business
to a third party for valuable consideration. This means that We may have received some
kind of benefit in return for sharing personal information, but not necessarily a monetary
benefit.
Please note that the categories listed below are those defined in the CCPA. This does not
mean that all examples of that category of personal information were in fact sold but
reflects our good faith belief to the best of our knowledge that some of that information
from the applicable category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the following categories of
personal information: - Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records
statute (Cal. Civ. Code § 1798.80(e)) - Category D: Commercial information
- Category F: Internet or other similar network activity
Share of Personal Information
We may share Your personal information identified in the above categories with the
following categories of third parties: - Service Providers
- Payment processors
- Our affiliates
- Our business partners
- Third party vendors to whom You or Your agents authorize Us to disclose Your personal
information in connection with products or services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age
We do not knowingly collect personal information from minors under the age of 16 through
our Service, although certain third-party websites that we link to may do so. These thirdparty websites have their own terms of use and privacy policies and we encourage parents
and legal guardians to monitor their children’s Internet usage and instruct their children to
never provide information on other websites without their permission.
We do not sell the personal information of Consumers We actually know are less than 16
years of age, unless We receive affirmative authorization (the “right to opt-in”) from either
the Consumer who is between 13 and 16 years of age, or the parent or guardian of a
Consumer less than 13 years of age. Consumers who opt-in to the sale of personal
information may opt-out of future sales at any time. To exercise the right to opt-out, you (or
Your authorized representative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has provided Us with
personal information, please contact Us with sufficient detail to enable Us to delete that
information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their personal
information. If You are a resident of California, you have the following rights: - The right to notice. You have the right to be notified which categories of Personal Data
are being collected and the purposes for which the Personal Data is being used. - The right to request. Under CCPA, you have the right to request that We disclose
information to You about Our collection, use, sale, disclosure for business purposes and
share of personal information. Once We receive and confirm Your request, we will
disclose to You: - The categories of personal information We collected about You
- The categories of sources for the personal information We collected about You
- Our business or commercial purpose for collecting or selling that personal
information - The categories of third parties with whom We share that personal information
- The specific pieces of personal information We collected about You
- If we sold Your personal information or disclosed Your personal information for a
business purpose, we will disclose to You: - The categories of personal information categories sold
- The categories of personal information categories disclosed
- The right to say no to the sale of Personal Data (opt-out). You have the right to
direct Us to not sell Your personal information. To submit an opt-out request please
contact Us. - The right to delete Personal Data. You have the right to request the deletion of Your
Personal Data, subject to certain exceptions. Once We receive and confirm Your request,
We will delete (and direct Our Service Providers to delete) Your personal information
from our records, unless an exception applies. We may deny Your deletion request if
retaining the information is necessary for Us or Our Service Providers to: - Complete the transaction for which We collected the personal information, provide
a good or service that You requested, take actions reasonably anticipated within the
context of our ongoing business relationship with You, or otherwise perform our
contract with You. - Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal
activity, or prosecute those responsible for such activities. - Debug products to identify and repair errors that impair existing intended
functionality. - Exercise free speech, ensure the right of another consumer to exercise their free
speech rights, or exercise another right provided for by law. - Comply with the California Electronic Communications Privacy Act (Cal. Penal Code
§ 1546 et. seq.). - Engage in public or peer-reviewed scientific, historical, or statistical research in the
public interest that adheres to all other applicable ethics and privacy laws, when the
information’s deletion may likely render impossible or seriously impair the
research’s achievement, if You previously provided informed consent. - Enable solely internal uses that are reasonably aligned with consumer expectations
based on Your relationship with Us. - Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the
context in which You provided it. - The right not to be discriminated against. You have the right not to be discriminated
against for exercising any of Your consumer’s rights, including by: - Denying goods or services to You
- Charging different prices or rates for goods or services, including the use of
discounts or other benefits or imposing penalties - Providing a different level or quality of goods or services to You
- Suggesting that You will receive a different price or rate for goods or services or a
different level or quality of goods or services
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if You are a California resident,
You can contact Us: - By visiting this page on our website: www.memorableparty.com/contact
Only You, or a person registered with the California Secretary of State that You authorize to
act on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us must: - Provide sufficient information that allows Us to reasonably verify You are the person
about whom We collected personal information or an authorized representative - Describe Your request with sufficient detail that allows Us to properly understand,
evaluate, and respond to it
We cannot respond to Your request or provide You with the required information if We
cannot: - Verify Your identity or authority to make the request
- And confirm that the personal information relates to You
We will disclose and deliver the required information free of charge within 45 days of
receiving Your verifiable request. The time period to provide the required information may
be extended once by an additional 45 days when reasonably necessary and with prior
notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable
request’s receipt.
For data portability requests, We will select a format to provide Your personal information
that is readily useable and should allow You to transmit the information from one entity to
another entity without hindrance.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of Your personal information. Once We receive and
confirm a verifiable consumer request from You, we will stop selling Your personal
information. To exercise Your right to opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or advertising partners)
may use technology on the Service that sells personal information as defined by the CCPA
law. If you wish to opt out of the use of Your personal information for interest-based
advertising purposes and these potential sales as defined under CCPA law, you may do so by
following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on
every browser that You use.
Website
You can opt out of receiving ads that are personalized as served by our Service Providers by
following our instructions presented on the Service: - The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
- The EDAA’s opt-out platform http://www.youronlinechoices.com/
- The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
The opt out will place a cookie on Your computer that is unique to the browser You use to
opt out. If you change browsers or delete the cookies saved by your browser, you will need
to opt out again.
Mobile Devices
Your mobile device may give You the ability to opt out of the use of information about the
apps You use in order to serve You ads that are targeted to Your interests: - “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
- “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from Your mobile device by
changing the preferences on Your mobile device.
“Do Not Track” Policy as Required by
California Online Privacy Protection Act
(CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third-party websites do keep track of Your browsing activities. If You are
visiting such websites, you can set Your preferences in Your web browser to inform
websites that You do not want to be tracked. You can enable or disable DNT by visiting the
preferences or settings page of Your web browser.
Children’s Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect
personally identifiable information from anyone under the age of 13. If You are a parent or
guardian and You are aware that Your child has provided Us with Personal Data, please
contact Us. If We become aware that We have collected Personal Data from anyone under
the age of 13 without verification of parental consent, we take steps to remove that
information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your
country requires consent from a parent, we may require Your parent’s consent before We
collect and use that information.
Your California Privacy Rights
(California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California
residents with an established business relationship with us can request information once a
year about sharing their Personal Data with third parties for the third parties’ direct
marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if You
are a California resident, you can contact Us using the contact information provided below.
California Privacy Rights for Minor
Users (California Business and
Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under
the age of 18 who are registered users of online sites, services or applications to request
and obtain removal of content or information they have publicly posted.
To request removal of such data, and if You are a California resident, you can contact Us
using the contact information provided below and include the email address associated
with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of
content or information posted online and that the law may not permit or require removal in
certain circumstances.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a
third-party link, You will be directed to that third party’s site. We strongly advise You to
review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or
practices of any third-party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by
posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the
change becoming effective and update the “Last updated” date at the top of this Privacy
Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this
Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, you can contact us: - By visiting this page on our website: www.memorableparty.com/contact
TERMS AND CONDITIONS
Last updated: March 24, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless of
whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control
with a party, where “control” means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or other
managing authority.
Country refers to: New York, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to Memorable Party LLC, 1810 Weirfield Street, Ridgewood, New
York 11385.
Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the
attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the
Service.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and
Conditions that form the entire agreement between You and the Company regarding
the use of the Service.
Third-party Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that may be displayed,
included or made available by the Service.
Website refers to Memorable Party, accessible from www.memorableparty.com
You mean the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the Service, as
applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement
that operates between You and the Company. These Terms and Conditions set out the rights
and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance
with these Terms and Conditions. These Terms and Conditions apply to all visitors, users
and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If
You disagree with any part of these Terms and Conditions, then You may not access the
Service.
You represent that you are over the age of 18. The Company (Memorable Party) does not
permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and
compliance with the Privacy Policy of the Company (Memorable Party). Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of Your personal
information when You use the Application or the Website and tells You about Your privacy
rights and how the law protects You. Please read Our Privacy Policy carefully before using
Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, you warrant that You are legally capable
of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, you may be asked to supply
certain information relevant to Your Order including, without limitation, Your name, Your
email, Your phone number, Your credit card number, the expiration date of Your credit card,
Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit
card(s) or other payment method(s) in connection with any Order; and that (ii) the
information You supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to
payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including
but not limited to: - Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal
transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and
Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns
Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition
as You received them. You should also include all of the product’s instructions, documents
and wrappings. Goods that are damaged or not in the same condition as you received them,
or which are worn simply beyond opening the original packaging will not be refunded. You
should therefore take reasonable care of the purchased Goods while they are in Your
possession.
We will reimburse You no later than 14 days from the day on which We receive the
returned Goods. We will use the same means of payment (including gift cards) as You used
for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods: - The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned,
deteriorate rapidly or where the date of expiry is over. - The supply of Goods which are not suitable for return due to health protection or
hygiene reasons and were unsealed after delivery. - The supply of Goods which are, after delivery, according to their nature, inseparably
mixed with other items. - The supply of digital content which is not supplied on a tangible medium if the
performance has begun with Your prior express consent and You have acknowledged
Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on
Our Service may be mispriced, described inaccurately, or unavailable, and We may
experience delays in updating information regarding our Goods on the Service and in Our
advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including
prices, product images, specifications, availability, and services. We reserve the right to
change or update information and to correct errors, inaccuracies, or omissions at any time
without prior notice.
Prices Policy
The Company (Memorable Party) reserves the right to revise its prices at any time prior to
accepting an Order.
The prices quoted may be revised by the Company (Memorable Party) subsequent to
accepting an Order in the event of any occurrence affecting delivery caused by government
action, variation in customs duties, increased shipping charges, higher foreign exchange
costs and any other matter beyond the control of the Company (Memorable Party). In that
event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through
various payment methods we have available, such as Visa, MasterCard, Affinity Card,
American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and
authorization by Your card issuer. If we do not receive the required authorization, We will
not be liable for any delay or non-delivery of Your Order.
Promotions
Any Promotions made available through the Service may be governed by rules that are
separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our
Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules
will apply.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users),
features and functionality are and will remain the exclusive property of the Company
(Memorable Party) and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and
foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service
without the prior written consent of the Company (Memorable Party).
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company
(Memorable Party). If for any reason such assignment is ineffective, you agree to grant the
Company (Memorable Party) a non-exclusive, perpetual, irrevocable, royalty free,
worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and
exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or
controlled by the Company (Memorable Party).
The Company (Memorable Party) has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third-party web sites or services. You
further acknowledge and agree that the Company (Memorable Party) shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any such content, goods or services
available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any thirdparty web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for
any reason whatsoever, including without limitation if You breach these Terms and
Conditions.
Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company
(Memorable Party) and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You
through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company
(Memorable Party) or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for loss of
profits, loss of data or other information, for business interruption, for personal injury, loss
of privacy arising out of or in any way related to the use of or inability to use the Service,
third-party software and/or third-party hardware used with the Service, or otherwise in
connection with any provision of this Terms), even if the Company (Memorable Party) or
any supplier has been advised of the possibility of such damages and even if the remedy
fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above limitations may
not apply. In these states, each party’s liability will be limited to the greatest extent
permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects
without warranty of any kind. To the maximum extent permitted under applicable law, the
Company (Memorable Party), on its own behalf and on behalf of its Affiliates and its and
their respective licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Service, including all implied
warranties of merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance, usage or
trade practice. Without limitation to the foregoing, the Company (Memorable Party)
provides no warranty or undertaking and makes no representation of any kind that the
Service will meet Your requirements, achieve any intended results, be compatible or work
with any other software, applications, systems or services, operate without interruption,
meet any performance or reliability standards or be error free or that any errors or defects
can or will be corrected.
Without limiting the foregoing, neither the Company (Memorable Party) nor any of the
company’s (Memorable Party) provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any
information or content provided through the Service; or (iv) that the Service, its servers, the
content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan
horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations
on applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to You. But in such a case the exclusions and limitations set forth
in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and
Your use of the Service. Your use of the Application may also be subject to other local, state,
national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, you agree to first try to resolve the
dispute informally by contacting the Company (Memorable Party).
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of
the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United States
government as a “terrorist supporting” country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in full force
and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Terms shall not affect a party’s ability to exercise such right or require
such performance at any time thereafter nor shall be the waiver of a breach constitute a
waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to
You on our Service. You agree that the original English text shall prevail in the case of a
dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If
a revision is material, we will make reasonable efforts to provide at least 30 days’ notice
prior to any new terms taking effect. What constitutes a material change will be determined
at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree
to be bound by the revised terms. If You do not agree to the new terms, in whole or in part,
please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us: - By visiting this page on our website: www.memorableparty.com/contact