Terms and conditions of use

1.Purpose

The purpose of the APP is to help users get gifts right: create and share their wish lists, browse those of their friends and family, reserve gifts so they are not duplicated, organise Secret Santa draws and remember birthdays and other special dates.

Among those who can benefit from this project are people who want to share what they would like to receive with friends and family, those looking for gift ideas, and groups of friends, families or colleagues organising group gifts or a Secret Santa. Specialist professionals have taken part in the design and development of this APP.

The APP is made available to users for personal use only (never for business use).

It works on mobile phones running Android or iOS.

2.Features

For unregistered users: the APP allows them to create an account, log in, and read these terms and conditions and the privacy policy. Registration is required to use the remaining features.

For registered users:

• Create their wish list by adding gifts from any shop link or manually, with photos, description, price and desire level.
• Organise gifts into folders and mark gifts or folders as private.
• Add friends, browse their wish lists and secretly reserve the gifts they are going to give.
• Create shared folders to prepare group gifts.
• Organise Secret Santa draws, even with participants who do not have the APP, and exclude pairings.
• See their friends' birthdays, create their own events and receive reminders.
• Explore gift ideas by category.
• Share their profile, folders or gifts via a link.

Permissions

The APP may request the following permissions:

• Camera: to take photos that the user can use as a profile picture or attach to a gift, event or draw.
• Photos / gallery (read only): so the user can select a photo for the same purpose.
• Notifications: to send alerts about birthdays, events, reservations, draws and other activity related to the user's account.

The camera and gallery are only used while the APP is running in the foreground and at the user's express request. Notifications may be received even when the APP is not open.

Users can grant or revoke these permissions at any time from their device settings (Settings > MyGiftie on iOS, or Settings > Apps > MyGiftie > Permissions on Android). Denying a permission only prevents the related feature from being used; the rest of the APP keeps working normally.

3.Intellectual and industrial property rights

The intellectual and industrial property rights over the APP belong to the CONTROLLER, who holds the exclusive right to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.

Third-party holders of intellectual and industrial property rights over photographs, logos and any other symbols or content included in the APP have granted the corresponding authorisations for their reproduction, distribution and making available to the public.

The user acknowledges that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques or any other means of obtaining the source code, transformation or publication of any unauthorised benchmark test results of any of the elements and utilities integrated in the development constitutes an infringement of the CONTROLLER's intellectual property rights, and therefore undertakes not to carry out any of the aforementioned actions.

4.Privacy policy

Who is responsible for processing your personal data?

The CONTROLLER is responsible for processing the user's personal data and informs the user that this data will be processed in accordance with Regulation (EU) 2016/679 of 27 April (GDPR) and Spanish Organic Law 3/2018 of 5 December (LOPDGDD). The following information about the processing is therefore provided:

Why do we process your personal data?

We process your personal data for the purposes described in section "1. Purpose" of these terms and conditions, namely to manage your user account and provide you with the features of the APP: wish lists, friends, reservations, group gifts, Secret Santa draws, special dates and notifications. This includes, among others, information about:

• Data required for basic operation: name, email address, password (stored encrypted), date of birth and country. If the user signs up with Apple or Google, the account identifier and the basic profile data authorised by the user are received from them.
• Optional data: phone number, profile picture and surnames.
• Content the user creates in the APP: gifts, photos, links, folders, events, reservations and draws.
• Third-party data entered by the user: when adding a person who does not have the APP to a draw, their name and email address, which are used solely to tell them the result of the draw. The user guarantees that they have that person's permission.
• Technical data: the device identifier used to send notifications.

The date of birth is shown to the user's friends so they can remember their birthday. Gifts and folders are visible to the user's friends unless the user marks them as private.

On what grounds can we process your personal data?

The processing of your data is based on:

• it being necessary for the contractual relationship to which you are a party, which involves accepting these terms and conditions of use (art. 6.1.b GDPR).
• your consent given for one or more specific purposes (art. 6.1.a GDPR) when filling in any of the forms and/or contact methods we make available in this APP and ticking the box provided for that purpose.
• our legitimate interest in responding to your requests made through any of the forms and/or contact methods we make available in the APP (art. 6.1.f GDPR).

How long will we keep your personal data?

We will keep your personal data for no longer than necessary to fulfil the purpose of the processing, that is, for as long as the contractual relationship arising from the use of the APP lasts (including the obligation to keep it during the applicable limitation periods). When it is no longer needed for that purpose, it will be deleted with appropriate security measures to guarantee its anonymisation or complete destruction. Users can delete their account at any time from the APP or at www.mygiftie.app/en/delete/account.

Who do we share your personal data with?

Your personal data will be disclosed to:

• Public Administrations and other private entities, to comply with the legal obligations to which the CONTROLLER is subject as a result of its activities.
• Providers that need access to the user's personal data to provide the services the CONTROLLER has contracted from them, or that, due to the very operation of the electronic services (app, website and emails), may have access to certain personal data. The CONTROLLER has signed with all of them the confidentiality and data processing agreements required by law to protect your privacy (art. 28.3 GDPR).

User registration and session management are handled by MyGiftie's own system. Optionally, users can sign up and log in with their Apple account (Sign in with Apple) or Google account (Google Sign-In), in which case the terms of use and privacy policies of Apple and Google, respectively, also apply.

Push notifications are sent through Google's Firebase Cloud Messaging and the Apple Push Notification service (APNs), which only receive the device identifier and the content of the notification.

The CONTROLLER may use the personal information you provide in a dissociated form (without personal identification) for internal purposes, such as compiling statistics.

What rights do you have as a user?

• The right to withdraw your consent at any time.
• The right to access, rectify, port and erase your data, and to restrict or object to its processing.
• The right to lodge a complaint with the supervisory authority (www.aepd.es) if you consider that the processing does not comply with current regulations.

Contact details to exercise your rights: hello@mygiftie.app

5.Mandatory or optional nature of the information provided by the user

By ticking the corresponding boxes and entering data in the fields marked with an asterisk (*) in the APP's forms, users expressly, freely and unequivocally accept that their personal data is necessary for the provider to handle their request, the inclusion of data in the remaining fields being voluntary. The user guarantees that the personal data provided to the CONTROLLER is truthful and is responsible for notifying any changes to it.

The CONTROLLER informs users that all data requested through the APP is mandatory, as it is necessary to provide an optimal service to the User. If not all the data is provided, there is no guarantee that the information and services provided will fully meet their needs.

6.Security measures

In accordance with current personal data protection regulations, the CONTROLLER complies with all the provisions of the GDPR and the LOPDGDD for the processing of the personal data for which it is responsible, and expressly with the principles described in article 5 of the GDPR, under which data is processed lawfully, fairly and transparently in relation to the data subject, and is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.

The CONTROLLER guarantees that it has implemented appropriate technical and organisational policies to apply the security measures established by the GDPR and the LOPDGDD in order to protect users' rights and freedoms, and has provided them with the appropriate information to exercise them.

All information transferred between the APP and cloud servers, whether its own or third-party, is encrypted and secured using the Hypertext Transfer Protocol Secure (HTTPS), which also ensures that the information cannot be intercepted.

Passwords are stored hashed and never in plain text. Access to the APP's API requires a signed session token, so each user can only access their own data and the data other users have chosen to share with them.

For more information about how your privacy is protected, you can contact the CONTROLLER at hello@mygiftie.app.

7.Disclaimer

The CONTROLLER reserves the right to edit, update, modify, suspend, delete or terminate the services offered by the APP, including all or part of its content, without prior notice, as well as to change the form or type of access to it.

Such changes may be made for reasons such as adapting to new legislation and changes in the APP itself, as well as those arising from existing codes of conduct in this field, or for strategic or corporate reasons.

The CONTROLLER shall not be liable for the use of the APP by a minor, the download and use of the APP being the sole responsibility of the user.

The APP is provided "as is" and without any warranty of any kind. The CONTROLLER is not responsible for the final quality of the APP, nor for it serving or fulfilling all of its objectives. Notwithstanding the above, the CONTROLLER undertakes, as far as possible, to help improve the quality of the APP, but cannot guarantee the accuracy or timeliness of its content.

Responsibility for the use of the APP lies solely with the user. Except as set out in these Terms and Conditions, the CONTROLLER is not liable for any loss or damage arising in connection with the download or use of the APP, such as that caused by failures, breakdowns or crashes in the operation of the APP (for example, and without limitation: errors in communication lines, defects in the APP's hardware or software, or Internet network failures). Likewise, the CONTROLLER shall not be liable for damage resulting from improper or inappropriate use of the APP by users.

8.Governing law and jurisdiction

The user agrees that the applicable law and the competent Courts and Tribunals to hear any disputes arising from the interpretation or application of these terms are those of Spain, and submits, expressly waiving any other jurisdiction, to the courts and tribunals closest to the city of Palma de Mallorca.