Date of Last Revision: January 21, 2022.
Welcome to the websites, mobile application or widgets (as the case may be) operated by Wish Lay, LLC (including its subsidiaries, affiliates, agents, and service providers, collectively, “WishLay,” “we,” “us,” or “our”). Wishlay provides (a) a platform through its website at www.Wishlay.com and attendant mobile applications (collectively, with any new features and applications, the “Platform”) and the Wishlay Community and related services (collectively, with the Platform, the “Wishlay Services”). The Platform provides information about Wishlay, and explains how users can post a fundraiser, accept monetary donations and details our related services (together with the Platform, the “Services”) to users and visitors (“you” or “your”).
If you are in the European Economic Area, the United Kingdom or Switzerland (collectively “Europe”):
If you are a resident of California, the California Consumer Privacy Act of 2018 provides you with additional rights. Please see the California Consumer Privacy Act Notice for more information.
INFORMATION WE COLLECT
As further described below, when you use or otherwise access the Services, we collect information in multiple ways, including when you provide information directly to us, and when we passively collect information from your browser or device (e.g., by logging how you interact with our Services).
A. Information That You Provide Directly to Us:
I. Registration information:
When you register for our Services or open an account, we collect your email address and login details, your zip code, your country, your phone number (for purposes of multi-factor authentication and to provide you with important messages) and any information you choose to provide us (such as a profile picture).
If you are a charity or nonprofit organization and are established as such under the applicable laws of incorporation (“Charity”), then we collect your name, address and email address. Thereafter, we will ask that you select your Charity and provide information to verify that you are a representative of said Charity.
II. Creation of a fundraiser:
When you create a fundraiser on the Platform, we collect the information you choose to provide us in relation to your fundraiser and we display it through our Platform. For example, you can provide a fundraiser title, choose a fundraiser category, upload images and describe your fundraiser goal(s). You might, in creating a fundraiser, choose to provide us with information relating to third parties by organizing a fundraiser for a family member or friend, and in doing so, you disclose the name or circumstances of that family member or friend. By providing information in a fundraiser, you consent to our collection, storage and use of your data. If you upload personal data related to third parties, you acknowledge and agree that you have the authority of the relevant third parties for us to access and use the relevant data and that you have notified the third parties and informed them of how their information is collected and used by Wishlay to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. Our payment processors also collect and maintain information related to your withdrawal of funds from any fundraiser.
III. Setting up withdrawals:
When you are the beneficiary (or the recipient of funds or products from a fundraiser), we collect your contact details (such as name and email address), zip code, country, your phone number (for purposes of multi-factor authentication and to send you important messages) and any information you choose to provide us. Our payment processors collect your bank details as well as other information necessary to set up the withdrawals.
IV. Donation information:
On the Platform, when you donate to a fundraiser, we collect your contact details (such as name and email address), zip code, country, and any information you choose to provide us (such as a description of why you have donated). Our payment processors collect your credit card details and other information necessary to process the donation such as your home address.
V. Public Communications:
You can post comments, leave feedback, send thank-you notes or otherwise communicate with other users through our Platform. Any content, including such comments, feedback, and notes that you choose to post through our Platform are available to the public by default.
Please remember that any information that is disclosed in these areas becomes public information for both us and other users to use and share. Take care not to share personal data unless you intend for that data to become public. Please also be considerate and respectful of others while using the community to share your opinions. We reserve the right, but do not have the obligation, to review and monitor such posting or any other content on our Services, and to remove postings or content that may be viewed as inappropriate or offensive to others.
VI. Communications to Wishlay:
You may contact us via a contact form, email, by chat services or by other means (for example, with questions about our Services, for customer support, or to let us know your ideas for new products or modifications to existing products). You may also choose to respond to surveys that we send out, or queries about your fundraisers. When you do so, we collect the information you choose to provide us, such as your contact details, any images you choose to upload and the contents and nature of your message.
We would ask that you take care not to send financial information or other sensitive personal data to us through our chat services or other means, unless we ask you specifically for that data as part of providing our Service to you. When you provide such information to us directly, you consent to the processing of this data by Wishlay and/or our service providers. We collect the information listed in this section for the purposes described below in the sections “Our Use of Information Collected” and “Our Disclosure of Information Collected Through the Services.” While you are under no obligation to provide us with such information, should you choose to withhold such information, we may not be able to provide you with some or all of the Services.
VII. Information relating to third parties:
You can choose to provide us with information relating to third parties. For example, if you choose to share your fundraiser with family and friends through our Platform’s texting/e-mailing services. If you decide to do that, we give you the option to either add information to our Platform or to provide us access to information stored in your email and mobile device’s address books, such as names, email addresses, or phone numbers of your contacts (collectively, “Third-Party Data”).
If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a fundraiser or a donation), either by submitting Third-Party Data to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge, represent, and agree (a) that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data, and (b) that you have notified these third parties and informed them how their information is collected and used by Wishlay to provide the Services.
We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (1) contact such third party using the Third-Party Data provided, and/or (2) provide you with an editable template message designed to facilitate communication between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communications sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.
VIII. Sensitive information:
You can also provide us with information about yourself or third parties that is considered sensitive, such as political opinions, health information or religious beliefs. If you post this information in a fundraiser, you choose to provide such information to be published publicly in relation to your fundraiser, donation or otherwise.
When you provide such information to us directly, you consent to the processing of this data by Wishlay and/or its service providers. We collect the information listed in this section for the purposes described below in the sections “Our Use of Information Collected” and “Our Disclosure of Information Collected Through the Services.
B. Information That is Passively or Automatically Collected:
I. Device & Usage Information:
When you interact with Wishlay through the Services, we automatically receive and store certain information from devices that you use to access the Services. This information is collected passively by using various technologies and includes the type of internet browser or mobile device you use, any website from which you have come to the Services, your operating system, and location data through an IP address that identifies the city and state where you logged into the Platform or your precise geo-location if you have permitted your mobile device to provide that information to us. Wishlay either stores such information itself or such information is included in databases owned and maintained by Wishlay, and/or its agents or service providers.
II. Location Information:
When you use the Services to organize a fundraiser, the Services request that you provide your zip code, city or town, and state or province of residence. Please keep in mind that other users of the Services can view your zip code, city or town, and state or province of residence in connection with the fundraiser, if it is made available within Wishlay’s Public Search Directory. We also use your location information as described above under “Device & Usage Information”, and in an aggregate way, as described below in the “Aggregated Data” section.
III. Cookies and Other Electronic Technologies:
i. Type of Cookies
Some Cookies are strictly necessary to make our Services available to you (“Essential Cookies”). For example, Essential Cookies are used to provide the chat and login functionality and to remember your consent and privacy choices. We cannot provide our Services without these Essential Cookies.
ii. Information to and from Social Networking Services Non-Essential Cookies include Cookies we use in conjunction with the Social Networking Services. One of the special features of the Services is that it allows you to enable or log into the Services via various Social Networking Services, like Facebook or Twitter, or to upload videos using YouTube APIs (“Social Networking Service(s)”). By directly integrating these services, we aim to make your online experiences richer and more personalized. To take advantage of these features, we will ask you to provide your credentials for the applicable Social Networking Service in order to log in to our Services. When you add a Social Networking Services account to the Services or log into the Services using your Social Networking Services account, we will collect relevant information necessary to enable the Services to access that Social Networking Service. As part of such integration, the Social Networking Service will provide us with access to certain information that you have provided to the Social Networking Service (for example, your name and photograph, as well as other information that you permit the Social Networking Service to share with us).
For more information on how Criteo uses data collected from your use of Platform for advertising purposes and to adjust your advertising settings, you can visit here.
v. Your Cookie Preferences
Most web and mobile device browsers automatically accept Cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about Cookies by visiting www.allaboutcookies.org, which includes additional useful information on Cookies and how to block Cookies using different types of browsers or mobile devices.
You can also consult the “Help” section of your browser for more information (e.g., Internet Explorer, Google Chrome, Mozilla Firefox, or Apple Safari). If you receive tailored advertising on your computer, you can generally control Cookies from being put on your computer by visiting the following:
You can also manage the use of Flash technologies, including Cookies and local storage objects with the Flash management tools available at Adobe’s website. Please note that by blocking any or all Cookies, you may not have access to certain features or offerings of the Services.
If you are accessing our Services through a mobile device, you can also update your privacy settings on your device by setting the “Limit Ad Tracking” and Diagnostics and Usage setting property located in the settings screen of your Apple iPhone or iPad, or by resetting your Android ID through apps that are available in the Play Store. You can also limit information collection by uninstalling the App on your device and you can use the standard uninstall process available as part of your device for this purpose. Finally, and in connection with the Social Networking Services, you can visit your settings with each of the Social Networking Services to exercise your choice about those technologies.
OUR USE OF INFORMATION COLLECTED
Wishlay uses the information collected from the Services in a manner that is consistent with this Policy. We use the information that you provide (or otherwise permit the Services to access) for the following purposes:
A. Communicating With You
We use the information we collect to contact you for administrative purposes (e.g., to provide services and information that you request or to respond to comments and questions). For instance, if you contact us by email, we will use the information you provide to answer your question or resolve your problem. In addition, we may call you if you are not responding to email and your fundraiser is subject to refunds.
We also use the information we collect to send you communications relating to the Services, such as updates on events, communications relating to products and services offered by us and by third parties, and communications about services we believe will be of interest to you. For example, we can send periodic emails to registered users of the Services relating to their recent interactions with the Services, such as donating to a fundraiser.
If you are located in Europe, we processing this information as necessary (i) to fulfill our obligations under our contract with you or in order to take steps at your request prior to entering into a contract, or (ii) for our legitimate interest, such as, to maintain our relationship with you or to protect you and us against fraud.
B. Mobile Services: If you access the Services through a mobile device and if you have chosen to provide us with your mobile number, or other electronic means to your mobile device, you agree that we can communicate with you regarding your Wishlay account by SMS, MMS, text message. Further, when setting up your Wishlay account, if you click “Send code” by “Text Message,” you agree to receive automated text messages related to your account from or on behalf of Wishlay at the phone number provided. You can reply STOP to such text messages to cancel. Message frequency will vary. Message and data rates may apply. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Wishlay account information to ensure that your messages are not misdirected. Please note that your wireless service carrier’s standard charges, data rates, and other fees may apply where you access the Services through a mobile device. In addition, downloading, installing, or using certain Services on a mobile device may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices.
If you are located in Europe, we process this information as necessary (i) to fulfill our obligations under our contract with you or in order to take steps at your request prior to entering into a contract, or (ii) for our legitimate interest, such as, to maintain our relationship with you or to protect you and us against fraud.
C. Providing the Services
We use the information we collect to operate, maintain, and provide our Services such as enabling access to the Platform, customer support or to complete transactions.
If you are located in Europe, we process this information as necessary (i) to fulfill our obligations under our contract with you or in order to take steps at your request prior to entering into a contract, or (ii) for our legitimate interest, such as, to maintain our relationship with you or to protect you and us against fraud.
D. Security and Fraud Prevention
We use the information we collect to secure our Services and to verify identity, prevent fraud, and to continually improve these aspects of our Services. This includes our request for your (mobile) telephone number to conduct multi-factor authentication when you create an account and/or at the time you set up withdrawals as a beneficiary.
If you are located in Europe, we process this information as necessary for our legitimate interest in maintaining the security or our systems, protecting our business, and/or protecting you and us against fraud.
E. Analytics, Research and Product Development
We use the information we collect to analyze data usage trends and preferences in order to improve the accuracy, effectiveness, security, usability or popularity of our Services. We further use data in connection with our research on our customer demographics, interests and behavior.
If you are located in Europe, we process this information (i) to fulfill our obligations under our contract with you or in order to take steps at your request prior to entering into a contract, or (ii) for our legitimate interest to monitor and improve our Services and your experience on the Platform or to maintain our relationship with you; or (iii) to protect our business or protect you and us against fraud.
We use the information we collect, such as device identifiers, to learn how users interact with our Services in order to personalize the content of our Services, such as customizing the language and fundraisers on our homepage based on your location.
If you are located in Europe, we process this information (i) to fulfill our obligations under our contract with you or in order to take steps at your request prior to entering into a contract; or (ii) for our legitimate interest to monitor and improve your experience on the Platform.
We use information we collect to defend our legal rights, comply with state, local, federal or international laws, and to enforce our Terms of Service and this Policy.
If you are located in Europe, we process information to comply with legal obligations.
OUR DISCLOSURE OF INFORMATION COLLECTED THROUGH THE SERVICES
There are certain circumstances in which we share information collected through the Services with certain third parties without further notice to you, as set forth below.
A. Business Transfers:
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, similar event, or steps taken in anticipation of such events (e.g., due diligence in a transaction), user information may be part of the transferred assets.
B. Affiliates and Subsidiaries:
We share your personal information among the Wishlay entities, including our affiliates and subsidiaries, in order to provide our Services including: hosting, marketing and publicizing fundraisers; providing you with customer support; administering funds in connection with fundraisers; authenticating donors; sending you communications; and conducting the other activities described in this Policy.
C. Agents, Consultants, Vendors and Related Third Parties:
Wishlay contracts with other companies to perform certain business-related functions on Wishlay’s behalf, and we provide access to or share your information with these companies so they can perform services for us. Examples of such functions include marketing, mailing information, data storage, security, identity verification, fraud prevention, payment processing, legal services, and maintaining databases. We limit the personal information provided to these service providers and entities to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
D. Third Parties that Partner With Us or Offer Services You Choose to Link
Wishlay shares personal information with third parties that partner with us on various initiatives and/or that offer services you choose to link to your Wishlay fundraiser or that are linked to a Wishlay fundraiser to which you may donate. Examples of this are Social Networking Services and their integrated social media tools or “plug-in”.. When Wishlay shares personal information with third parties, we require those third parties to handle the information in accordance with relevant laws. When you link to or interact directly with third-party companies (or you donate to Wishlay fundraisers that are linked), their use of your personal information and your use of their features are governed by the privacy notices of those companies. We encourage you to carefully read their privacy notices.
E. Legal Requirements:
Wishlay can access, disclose, transfer and preserve your information when we have a good faith belief that doing so is necessary to: (i) comply with the law including with subpoenas, search warrants, court orders, and other legal process; and respond to inquiries or requests from government, regulatory, law enforcement, public authorities, or content protection organizations; (ii) protect and defend the legal rights, privacy, safety or property of Wishlay, its affiliates, subsidiaries, employees, agents, contractors, or its users; (iii) permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages we may sustain; or (iv) enforce this Policy or any applicable Terms of Service.
F. Organizers and beneficiaries of fundraisers:
We share your information with organizers and, if not the same, the beneficiaries of the fundraiser. For example, if you donate to a fundraiser, we share your name, email address and donation information you’ve provided in connection with your donation with the organizer or beneficiary, who may contact you. For example, if an individual starts a fundraiser for a Charity and you donate to that fundraiser, then if the information is requested, (i) the Charity can receive information about both the organizer, if not the same, and donors, and (ii) organizer can receive donor information. In the same scenario, the beneficiary may communicate with you about your donation and/or may rely on your information in order to comply with its legal and auditing requirements.
G. Your Consent
In certain situations, we may share your information in the event that you consent to the sharing of your information. For example, we may partner with third party organizations to arrange for specific fundraisers. If you consent to our providing your contact information to a specific partner, we share, with the partner organization, your name, email address and other information you’ve provided in connection with your donation to the specific fundraiser.
H. Aggregated Data
We aggregate, anonymize and/or de-identify information collected actively or passively about you so that the information no longer relates to you individually. We then use that data for various lawful purposes, including but not limited to our research on our customer demographics, interests and behavior. We also share this information with our affiliates, agents, business partners, research facilities or other third parties (e.g., Google Analytics).
I. Cookies and Other Electronic Technologies
Information is shared as stated in the Section entitled “Cookies and Other Electronic Technologies.”
J. Other Users of Our Services
We provide your information to other users of our Services if you choose to make your information publicly available in a publicly accessible area of the Services, such as in your fundraiser or in the comments.
Please be advised that some information you provide may be publicly accessible, such as information posted in forums or comment sections. We also collect information through forums and communities, surveys and customer support communications, your communication to us of ideas for new products or modifications to existing products, feedback and other solicited or unsolicited submissions (collectively, with publicly-accessible information, “Volunteered Information”). By sending us Volunteered Information, you further (a) agree that we are under no obligation of confidentiality, express or implied, with respect to the Volunteered Information, (b) acknowledge that we may have something similar to the Volunteered Information already under consideration or in development, (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Volunteered Information, and (d) irrevocably waive, and cause to be waived, against Wishlay and its users any claims and assertions of any moral rights contained in such Volunteered Information. This Volunteered Information section shall survive any termination of your account or the Services.
Our Services are not designed for use by individuals under the age of 13 (or 16 for children located in Europe). If you are under the age of 13 (or 16 for children located in Europe), please do not use the Services and/or submit any information through the Services. If you have reason to believe that a child under the age of 13 (or 16 for children located in Europe) has provided personal information to Wishlay through the Services, please contact us at info@Wishlay.com, and we will delete that information from our databases to the extent required by law.
LINKS TO OTHER WEBSITES
This Policy applies only to the Services. The Services can contain links to other web sites not operated or controlled by Wishlay (the “Third-Party Sites”). The policies and procedures we described here do not apply to the Third-Party Sites. The links from the Services do not imply that Wishlay endorses or has reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their respective privacy policies.
While no organization can guarantee perfect security, Wishlay has implemented and seeks to continuously improve technical and organizational security measures to protect the information provided via the Services from loss, misuse, unauthorized access, disclosure, alteration, or destruction. For example, limiting access to information only to employees and authorized service providers who need to know such information for the purposes described in this Policy.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
RETENTION OF YOUR INFORMATION
We retain your information for as long as we deem necessary for the purpose for which that information was collected and for our legitimate business operations; provided, however, that your information is only retained to the extent permitted or required by applicable laws. When we no longer need to retain your information, we will take reasonable steps to remove it from our systems and records and/or take steps to anonymize it so that you can no longer be identified from it in accordance with our internal document retention policies.
When determining the retention period for your information, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the Services we provide to you if we delete some information about you, mandatory retention periods provided by law and the statute of limitations.
CROSS BORDER DATA TRANSFERS
Wishlay is a global organization headquartered in the United States, which processes your information in servers in a number of countries, including the United States. Wishlay has implemented other appropriate cross-border transfer solutions, such as Standard Contractual Clauses approved by appropriate regulatory authorities, to provide adequate protection for transfers of certain personal data from the European Economic Area, United Kingdom and Switzerland to the United States.
USERS FROM OUTSIDE THE UNITED STATES
The Platform is hosted in the United States. If you are visiting the Platform from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Platform, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Policy.
USERS IN EUROPE
If you are located in Europe, you have the right to ask for an overview of the information we process about you, and for a copy of your information. In addition, you may request us to update and correct inaccuracies, delete your information, restrict processing of your information, or exercise your right to data portability to easily transfer your information to another company. In some cases, you may object to the processing of your information and where we have asked you for your consent to process your information, you can withdraw it at any time. You may also withdraw a previously given consent for processing your personal information; the withdrawal of consent shall not affect the lawfulness of the processing based on consent before its withdrawal. The above rights may be limited under applicable law.
You can make a request to exercise any of these rights in relation to your information by sending the request to us at the email address or mailing address set forth under “Contacting Wishlay.” For your own privacy and security, at our discretion, we may require you to provide your identity before providing the requested information. Please note that Wishlay may take up to 30 days to fulfill such requests.
The above rights can be limited under applicable law. You also have the right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws. You also have the right to lodge a complaint with the supervisory authority of your residence, place of work or where the incident took place.
The Irish Data Protection Commissioner shall act as the competent supervisory authority for users in the European Economic Area. The Information Commissioner’s Office shall act as the competent supervisory authority for users in the United Kingdom.
Marketing opt out
Each marketing communication we send you will contain instructions permitting you to “opt out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us at the email address or mailing address set forth under “Contacting Wishlay.” If you opt out of receiving marketing communications or other information we think may interest you, we can still send you emails about your account or any Services you have requested or received from us.
Your access to and use of the Services is subject to Wishlay’s Terms of Service and such other terms, which may be made available to you in connection with your use of the Services.
Wishlay reserves the right to update or modify this Policy at any time and from time to time. We will notify you of any material updates or changes we make to this Policy. If you disagree with our revisions to the Policy, you can deactivate your account or discontinue the use of our Services. Please review this Policy periodically for any updates or changes to this Policy.
By using our Platform and Services after any such update or modification, you acknowledge that you have read and understood the terms of the Policy as updated or modified.
Please also feel free to contact us if you have any questions about this Policy or the information practices of the Services.
You can contact us as follows: