Privacy Policy

We respect your privacy. Here is how we do so.

Opinion Polls and Surveys

We want to know what you think. Therefore, you will be asked from time to time to give your opinion. Questions and answers are stored but they are not linked to identifying information about you. We may share this information with third parties occasionally. If we do so, the poll will be labeled as such.

Sharing Your List and Privacy Settings

We will sometimes ask to share your Hintd list on the website (because it is interesting or unique), and if you agree, we will feature it on the Homepage of the website. We also love to create this site from shared content, or User Generated Content, (UGC) along with Curated Content, and we want you to know that we want you to share your taste in Hints. The Hints you upload to your list will appear on other parts of the site, specifically the Hint Stream (the Aggregator that is searchable by topic such as Fashion, Gear, Travel, Tech, Home, etc.). If you choose to not share the fact that you uploaded a hint or list to the site, please check the box at registration that asks: Is this list Private? If so your hints will list on the site but your name will not be attached to them. And if you choose to share your list, it will only go to the people you share it with. If you choose to post it to Facebook or Tweet it or share it via test, that is how others will find your list.

Contests and Sweepstakes

Sweepstakes. When you enter a contest or sweepstakes by Hintd and/or one of our partners, we may ask you to provide additional information or answer certain questions in order to participate in a promotion. We may contact you in connection with a particular contest or sweepstakes in order to update you regarding your status, administer the promotion, let you know that a promotion has ended or for other prize-fulfillment needs or contest- and sweepstakes-related messages.

Search

When you search on our site, we store the search terms and the visited pages so that we can continuously improve the quality of our search results. We also will use this information to send you updates about when an item you have Hinted goes on sale, or out of stock, so you can react by either buying a hint or replacing it on your list with one that is in stock. If someone buys you a Hint we are also going to track that information as well, so that we can offer the change to make a Hint list also.

Log Information

When you visit our site, our servers will automatically log information. This information may include your Web page request, Internet Protocol (IP) address, browser type, browser language, the date and time of your request, and one or more cookies that may uniquely identify your browser. We collect log information so that we can properly administer our system and gather aggregate information about how our site is being used, including the pages visitors are viewing.

Cookies

We and our retail partners do collect anonymous information about your use of our site through cookies. The cookie does not tell us who you are. Only you can tell us that. We do not store any identifying information in any cookies on your computer. Cookies are used to tailor advertising specifically to you and to make sure that you do not see the same advertisement repeatedly. Our Web retail partners will employ their technology to do this. These ads will be targeted only on the basis of the non-personal information that is automatically transmitted on the Internet, such as information collected in our Web logs and the approximate geographic location of your computer.

We also may have agreements with companies, sometimes called Ad Networks, that serve advertising on behalf of third parties. These Ad Networks may place or recognize a unique cookie, sometimes called a third party cookie, on your browser. We do not control Ad Networks or what they do with the information they collect, we have relationships only with organizations that have agreed to participate in the Network Advertising Initiative (NAI) and abide by NAI principles, which prohibit members from connecting personally identifiable information to information they collect through cookies without your explicit consent.

Your browser software can be set to reject all cookies or to accept cookies only from our site. Most browsers offer instructions on how to reset the browser to reject cookies in the Help section of the toolbar. If you reject our cookies, we won't take it personally, but you may not be able to log in or use certain functions and conveniences of our site.

We may obtain third party information and correlate that information with information we have collected under this policy with the intent of being smarter at providing you with the information you find most helpful. If we do this, we will treat the acquired information like the information that we collected ourselves. We will not share information we obtain from third parties in personally identifiable form. However, we may share aggregated, non-personal information, as described in this policy - that may include information we obtained from third parties in a form that does not permit you to be identified.

We will not rent, sell or share personal information about you with third parties except to provide you with a product or service you request or under certain circumstances as described below. In all other cases, we will ask for your permission before we disclose your personal information.

Disclosure for Legal Reasons

There will be occasions when it is imperative that we do release personal information to third parties. Here are the circumstances that will dictate such an action from us: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a physical threat to you or others, a threat to homeland security, a threat to our system or network, or cases in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse or illegal conduct. In the event that we are legally compelled to disclose your personal information to a third party, we will make reasonable efforts to notify you unless doing so would violate the law or court order.

Agents and Contractors

Contractors sometimes have access to your personal information in the course of assisting in operating our business and providing products, ideas or services to you. These contractors include vendors and suppliers that provide us with technology, services and/or content for the operation and maintenance of our site. Access to your personal information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function. Contractors have an obligation under their contracts with us to keep your information confidential and to comply with our privacy and security policies.

Aggregated, Non-Personal Information: We may share aggregated information about you with third parties. This is information that is combined with the non-personal information of other users and does not allow you to be identified or contacted. Depending on the circumstances, we may or may not charge third parties for this aggregated information. We also may not limit the third parties' use of the aggregated information.

Our Promise to You

If we need to collect personal information from you that is not provided through registration, we will be very clear on why we need this information, how it will be used and who it will be shared with. You can always decline to provide us with this information.

Submitted Materials

Please recognize that if you submit a photograph, caption, or content in any format for publication on the site, we will assume that you have secured the permission of those mentioned or shown in the submitted materials. We will not and cannot assume any liability for materials submitted. If materials are submitted that breach our privacy policy and terms of use and those materials are displayed on the site, the Disclosure for Legal Reasons clause will apply. See Terms of Service for further clarification.

Email Communications

Email communication that you send to us via the email links on our site may be shared with a Customer Care representative, employee or the expert that is most likely to be able to address your inquiry. If you provide personal information in your email, it will be used only for the purposes of answering your email. From time to time we may send you service-related emails, such as a welcome email when you register with our site, or a weekly update about what is going on at Hintd. We may also send you an email that will give you information about sales, items, experiences, services and other news and noteworthy “hints” to know about or add to your own list.

Invitations

When you invite a friend to join our site, your circle (network of friends) or your group, we will automatically send your friend an email invitation on your behalf. We will not use your friend's email address for any other purpose. Similarly, when you email a message using the Invite a Friend function, the email addresses are used to facilitate the email communication and are not retained by us. If you use a third party to communicate or share your list, such as Facebook or Twitter, the terms of their Privacy Policy applies to that action. We will let you know when we are collecting information from those sites relating to you, and we will assume you have read their privacy policies.

Newsletters and Alerts

At various times you will be given the option of receiving recurring newsletters and posts about sales, lists, events and ideas for content or reminders. You can unsubscribe from these email newsletters by clicking on the Unsubscribe link. You can manage your alerts in the My List area.

Keeping Your Information Secure

Choose your passwords carefully. Always create a password that's easy for you to remember but difficult for someone else to figure out. Don't use your name, address, phone number, initials, Social Security number, license plate or birthday. Don't use names of your friends, family or pets, company names, common numerical sequences or the word "password".

Log Out and Close Your Browser

Open browsers invite snoops. When you finish your online session, close your browser to erase any information it may have temporarily stored on your computer. This is especially true in public places.

Install Antivirus Software and Spyware Protection. Viruses are dangerous. Many viruses are sent as email attachments. They can slip into your system without your knowledge the moment you open the email. Some viruses such as Trojan Horses can capture the contents of your system, including your passwords. Installing up-to-date antivirus software and running it will help thwart these and other unwanted programs.

Spyware is a program or technology that aids in gathering information about a person or organization often without their knowledge and includes programs like hijackers and keyloggers. The best way to identify whether or not spyware is installed on your computer is to run and regularly update antispyware programs. Similar to antivirus software, antispyware software identifies and helps you remove spyware.

Changes to this Policy

We may update this Policy from time to time. We will notify you about material changes in the way we treat personal information by sending a notice to the email address specified in your account. We may also make nonmaterial changes to our Policy that generally will not affect our use of your personal information. If you don't agree with the new Policy, you always have the option of closing your account. Please see instructions for closing your account above. Our current Policy, identified by its effective date, will be posted on the site and you should check it frequently.

How to Contact Us

If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at editors@hintd.com.

You also may write to us at:

Hintd
Attn: Legal Department
1133 Park Avenue #3W
New York, NY 10128

By email: editors@hintd.com

Terms of Service

These Terms of Service ("TOS") govern your use of Hintd

Welcome to the website (the "Site") of Hintd, Inc. ("Hintd"). These Terms of Service ("TOS") govern your use of the Service (defined below) and the Site. By using the Site or Service, you are stating that you have read and understand, and agree to be bound by, these TOS. You agree that these TOS incorporate and include Hintd"s Privacy Policy available at http://www.Hintd.com/privacy. The Site offers a wide range of services and sometimes additional terms (“Additional Terms”) may apply to your use thereof. For example, if you link your Hintd list on Facebook, then all the Terms of Service for Facebook applies. The same is true of any Third Party site you link to (Twitter, Instagram, Pinterest, etc.) Plus we at Hintd maintain the option of creating Additional Terms later as we update the site. Certain portions of the Site may not be available to you unless you have registered. If you do not agree to be bound by these TOS and the Privacy Policy, you may not use the Site in any way.

Description of Services

In the Site, Hintd provides users with access to lists of “hints” or items and experiences users are asking for as gifts, or suggesting as gifts, that link to the vendor, retailer or seller or these experiences and items. These “hints” may be bought, shared, gifted, re-hinted and deleted or edited as necessary to keep the site up to date and active ("the Service"). You are responsible for obtaining access to the Site, and that access may evolve and require fees to access in the future as it grows, expands and requires maintaining by the owners and users of the site. In addition, you must provide and are responsible for all equipment necessary to access the Site.

License and Site Access

Hintd grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Hintds sole discretion) an unreasonable or disproportionately large load on Hintd’ infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Hintd to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by Hintd.

Membership Eligibility

You are not permitted to access the Service or Site if you are under the age of 13 or if your account has been suspended or removed by Hintd for any reason. You may not have more than one active account on Hintd, unless the owners and operators of the Site give you specific permission. Additionally, you are prohibited from selling, trading, or otherwise transferring your Hintdy account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Service or the Site.

Your Account

You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration fields and forms. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Hintd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hintd has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Hintd immediately of any unauthorized use of your account or any other breach of security. Hintd reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.

Submitted Content

The Site and Service may provide you and other users with the ability to send messages or post content (together, "Postings") to or for other users and non-users. Hintd is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Hintd may from time to time monitor the Postings on the Site or Service and may decline to accept and/or remove or edit any Postings. You acknowledge that you are responsible for any Postings you may submit through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings.

You may not upload to, distribute or otherwise publish through this Site any Posting that:

  • is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
  • may contain software viruses or malware;
  • contains advertisements or solicitations of any kind, or other commercial content;
  • is designed to impersonate others;
  • contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
  • contains messages by non-spokesperson employees of Hintd purporting to speak on behalf of Hintd or containing confidential information or expressing opinions concerning Hintd;
  • contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
  • contains multiple messages placed within individual folders by the same user restating the same point;
  • contains chain letters of any kind; or
  • contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

With respect to any Postings you submit or make available through the Site or Service (other than personal information, which is handled in accordance with the Privacy Policy), you grant Hintd a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive license, with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display, modify, adapt, publish, create derivative works, and sublicense such Posting or any part of such Posting, in any format or medium now known or hereafter developed. You hereby represent, warrant and covenant that any Posting you provide (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Hintd, and (ii) Hintd’s authorized use thereof, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

About Retailer Relationships

You acknowledge and agree that Hintd’s has no responsibility for what happens on the site of a retailer. When you hint, share, buy, return or otherwise engage in communication and transaction at the retailer, Hintd is not involved in that in anyway and we are not responsible for the customer experience or customer satisfaction on that site. Any third party site linked to Hintd is solely and fully responsible for fulfilling that transaction an for all information and promises that happen on that site. We do not take Credit Card information and we do not store Shipping information, nor do we get involved in the purchase or return of Hinted items or experiences at any time. This has to be understood by you as part of the Terms of Service and by signing onto this site you absolve Hintd of any responsibility herein. Brands, vendors, retailers and companies linked to or listed on Hint Lists on the Site are not partnered or affiliated with Hintd in any manner unless otherwise demarked with the words “Sponsored Hint” or the words “Partner List.” However, Hintd fully cooperates with these retailers and vendors seeking to track down any falsified information, fraudulent behavior or malicious postings, items, which includes revealing the contact information of users who may be deemed to be misusing or abusing the site in any way we determine to be defined as misuse of this Site.

Disclaimer of Warranty

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU AS A SERVICE AND IF YOU DO NOT LIKE THE SERVICE YOUR CHOICE IS TO NOT PARTICIPTE IN USING THE SITE. Hintd DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL Hintd BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hintd AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HintdHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

Indemnity

You will indemnify and hold harmless Hintd from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Hintd and such parties, and shall defend Hintd and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Hintd will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Hintd.

Force Majeure

Hintd shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Hintd. In the event that Hintd is temporarily unable to ship to you a purchased item because of such an event, Hintd will give you the option of deferring shipment or receiving a refund of your charges.

Electronic Communication

When you use the Site, Service or send emails to Hintd, you are communicating with Hintd electronically. You consent to receive communications electronically from Hintd and its Site Affiliates (as defined in the Privacy Policy). Hintd will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Links

The Site, Service or third parties may provide links to other websites or resources. Because Hintd has no control over such sites and resources, you acknowledge and agree that Hintd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Hintd 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 use of or reliance on any such content, goods or services available on or through any such website or resource.

Modification and Notification of Changes

Hintd reserves the right to make changes to the Service, Site, related policies and agreements, these TOS and the Privacy Policy at any time. If Hintd makes a material modification to these TOS, it will notify you by: (i) sending an email to the address associated with your account. Hintd is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add TheRealReal.com to the list of domains approved to send you email (commonly known as your “whitelist”); or (ii) displaying a prominent announcement above the text of these TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) or (ii) being deemed sufficient notification, of such changes.

After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Site or Service, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Hintd and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Hintd or such third party, which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.

Procedure for Claims of Intellectual Property Infringement

Hintd respects the intellectual property of others, and we ask our users to do the same. Hintd may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Hintd’s Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Hintd’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Hintd
1133 Park Avenue #3W
New York, NY 10128

By email: contact@hintd.com

Hintd may update these addresses from time to time.

Survival of Terms After Agreement Ends

Notwithstanding any other of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

General

If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Hintd may offer special promotional offers, which may or may not apply to your Hintd account. Headings are for reference purposes only and do not limit the scope or extent of such section. These TOS and the relationship between you and Hintd will be governed by the laws of the State of New York State, without regard to its conflict of law provisions. You and Hintd agree to submit to the personal jurisdiction of the federal and state courts located in the County of New York, with respect to any legal proceedings that may arise in connection with these TOS. The failure of Hintd to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Hintd does not guarantee it will take action against all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and Hintd and governs your use of the Site and Service (other than applicable Additional Terms), superseding any prior agreements between you and Hintd with respect to the Site or Service.

How to Contact Us

If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at editors@hintd.com.

You also may write to us at:

Hintd
Attn: Legal Department
1133 Park Avenue #3W
New York, NY 10128

By email: editors@hintd.com