Terms and Conditions

This is a legal agreement (“Agreement”) between you and Inner Light Design, Inc., a Colorado corporation doing business as HSPConnection (“HSPConnection” , “us”, “our”, or “we”), which may be contacted at 3080 29th Street, Unit 14, Boulder, CO 80301 USA. This Agreement applies to the access and use of the HSPConnection website, HSPConnection.com, including each website’s mobile and online versions (each, a “Website” or the “Websites”) and to the download and use of any of our applications (including iOS and Android applications) (the ” Applications”), and registration to or use of any of the services provided by us through the aforementioned platforms (collectively, with the Websites and Applications, each, a “Service” or the “Services”). By using any of the Services, you agree to, and are bound by, these terms and conditions of service of this Agreement (including the Privacy Policy) for as long as you continue to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services and which are incorporated into and form part of this Agreement.

The HSPConnection Services (collectively known as “The Services”) consist of the following, without limitation: a Service for highly sensitive and gifted individuals seeking friendships (the “Friendship Service”), romantic relationships, (the “Dating Service”), business relationships (the “Networking Service”), and to connect with other parents of highly sensitive and gifted individuals (the “Parent Service”), a content Service such as HSPConnection Learning, containing articles about and related to high sensitivity and hi IQ, and any additional services currently offered or which will be offered in the future by or on behalf of HSPConnection. HSPConnection may offer new services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. HSPConnection also reserves the right to cease offering any of the Services.

This Agreement is subject to change by HSPConnection in its sole discretion at any time. We will notify you of any such changes by posting an updated version of the Agreement on this page. Your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

• 1. Eligibility
• 2. Use of the Services
• 3. Proprietary Rights
• 4. User Information
• 5. Links to Third-Party Websites / Dealings with Advertisers and Sponsors
• 6. Disclaimer of Warranty and Conditions
• 7. Limitation of Liability
• 8. Indemnification
• 9. Complaints / Law Enforcement Contact
• 10. Communication and Privacy
• 11. Term and Termination
• 12. Cancellations
• 13. **RENEWALS**
• 14. Governing Law & Venue
• 15. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver
• 16. General Provisions
• 17. Digital Millennium Copyright Act Notice
• 18. Revision Date

FOR PREMIUM MEMBERSHIP SUBSCRIBERS RESIDING IN ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, ILLINOIS, IOWA, MINNESOTA, NEW YORK, NORTH CAROLINA, OHIO, RHODE ISLAND AND WISCONSIN,YOU, THE BUYER, MAY CANCEL THE AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS AGREEMENT, YOU CAN EMAIL ADMIN@HSPCONNECTION.COM OR MAIL A SIGNED AND DATED NOTICE, OR TELEGRAM, WHICH STATES YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS MAILED NOTICE SHALL BE SENT TO INNER LIGHT DESIGN, INC., ATTN: CANCELLATIONS, 3080 29TH STREET, UNIT 14, BOULDER, COLORADRO 80301. PLEASE INCLUDE THE EMAIL ADDRESS ASSOCIATED WITH YOUR HSPCONNECTION ACCOUNT IN THIS NOTICE.

1. Eligibility.

a. Minimum Age. You must be at least 18 years old to register for The Services. By using the The Services, you represent and warrant that you are at least 18 years old.

b. Marital Status. By registering to use or using the Dating Service, you represent and warrant that you are single or (if legally married) separated. If you are married and not separated, you may not register to use or use the Dating Service.

c. Criminal History. By requesting to use, registering to use, and/or using The Services, you represent and warrant that you have never been convicted of a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity. HSPCONNECTION DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, to the extent permissible by applicable law, HSPConnection reserves the right to conduct any criminal background checks, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.

d. Meeting Matching System Criteria. You may be notified of “Matches” in your are. Matches are formed by combining what a user is “Open to” with what other users are “Interested in.” You may be emailed when matches are found.

2. Use of the Services.

As a user of any of the Services (a “Registered User”), you agree to the following:

a. Basic Membership. It is free to register for The Services, which may be used by you at no cost (“Basic Membership”). Once you have registered by providing preliminary information (including email address and password), you will be asked to complete your profile and upload a profile photo in order to be able to view others’ profiles. As a Basic member, you may send an unlimited number of predefined communications (for example, a smile) to your matches subject to the terms of this Agreement; however, you will only have a limited ability to send and read personalized messages. Please note that we may limit the number of predefined communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement.

b. Premium Membership. The Services includes a membership option that offers features not available under a Basic Membership, for which you will need to purchase a subscription (“Premium Membership”). As a Premium member, you will be able to:

• Send and receive email messages through the site.
• Send “Smiles” to other members as a way of initiating communication.
• Contact and initiate communication with matches (including video chat)
• Conduct searches for matches based on specific criteria and respond to matches’ communications without restriction (including video chat).

Please note that we may still limit the number of communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement. HSPConnection will also provide each Premium member his or her personality profiles as a PDF file by email.

c. Subscription. To become a Premium member, you will be required to pay a subscription fee. All prices listed by us on the Service are offered in the displayed currency and exclude applicable taxes and duties. HSPConnection currently offers 1, 6, 12, and 24-month Premium Memberships which automatically renew for consecutive 12 month terms (or other term lengths, as agreed-upon by you during the purchase process) unless prohibited by applicable law. Cancellation of auto-renewal must be initiated at least 24 hours before the end of your current term. When purchasing a Premium Membership, you will be asked to supply certain payment information, including information regarding your billing account (e.g., via credit card, debit card, or PayPal account number). You agree that all information that you provide to us will be accurate, complete and current. You further agree that our payment processing service provider(s) may store and communicate with your financial institution via a “network token” (a unique personal identifier used only for billing purposes) to facilitate your payments. For more information about tokenization, please see our payment processor’s explanation on its website. You agree to pay all valid charges incurred by you or any other user of your account (including all installment payments and/or fees, if applicable), any applicable taxes on your purchase, and/or any additional fees for the use of any payment mechanism or account connected to your HSPConnection subscription, including any processing charges relating to your subscriptions. If a scheduled payment using the billing account or credit or debit card associated with your subscription is attempted and declined for any reason, our payment processor will automatically reschedule the payment until the amount due is paid in full. If these attempts fail and/or the issue(s) cannot be resolved by contacting the account and/or card issuer, we will notify you via email using the email address associated with your account, and we may suspend or terminate your subscription until any outstanding payments are successfully processed. However, you acknowledge and agree that we may first attempt to obtain updated billing information, including but not necessarily limited to credit or debit card numbers and/or expiration date information from your card issuer, and that we will update this information in your account and use such information to process future payments. By subscribing, you authorize us and our payment processors to store and/or transfer your payment details and all other relevant information as needed to facilitate the processing of payments. You may select to purchase a plan in one upfront payment or in installments, if applicable. You agree and authorize us to charge you applicable sales or other related taxes to which your subscription may be subject, which is subject to change and may vary by your place of residence at the time of subscription. Installment plans may be subject to additional terms and conditions, which will be consented to at the time of purchase.

For subscribers of the Australian Service: All subscription fees and other payments which are directly collected by HSPConnection for our Australian Service are processed by our Australian subsidiary, HSPConnection Australia Pty Ltd (ABN…).

d. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except if previously agreed to by us. You acknowledge that GiftedConnect is not responsible for third-party access to your account that results from theft or misappropriation of your usernames and passwords.

e. Geographic Limitations. The Services are intended for use in the United States, Australia, and Canada. However, please note that GiftedConnect also provides the ability to register for the Services in certain other countries, and you may search for and receive matches from members located in such countries. GiftedConnect reserves the right to not provide or stop providing the Services in any jurisdiction at any time in its sole discretion. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a “Specially Designated National” or other person to whom the provisions of the Services are prohibited, and that you are not located in a country that is subject to embargo by the United States government. Registration for, and use of, the Services is void where prohibited by any such laws or regulations. You are responsible for determining whether the use of the Services is legal in your jurisdiction

f. Information Submitted. To the extent permitted by law, you are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services. You warrant and represent that all information provided to GIftedConnect through our Services or otherwise will be truthful, accurate, and complete, and will be submitted only for lawful purposes. Details of how GiftedConnect may use information you provide or post which is personal to you are set out in our Privacy Policy.

g. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the The Services. In addition, you agree to review and follow the recommendations set forth in GiftedConnect’s Safety Tips, which is available at the bottom of all pages of the the website.

h. No Guarantees. GiftedConnect may not be able to provide matches for everyone seeking to use its Services. Further, GiftedConnect makes no guarantees as to the number or frequency of matches through the The Services, or to such matches’ ability, desire or criteria to communicate with any user. You understand that GiftedConnect makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the The Services or as to the conduct of such individuals.

i. Reporting of Violations. You will promptly report to GiftedConnect any violation of the Agreement by others, including but not limited to, Registered Users.

j. Content Removal. GiftedConnect reserves the right, but has no obligation, to monitor the information or material you submit to The Services or post in the public areas of The Services. GiftedConnect will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the reasonable request of any third-party. GiftedConnect further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on The Services.

k. Posting and Communication Restrictions. You will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on or through the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to abuse, harass, threaten or intimidate any other users of the Services;
iii. is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful;
iv. infringes the intellectual property right of GiftedConnect or any third-party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.);
v. contains video, audio photographs, or images of another person;
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, steal someone else’s identity, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. is false or misrepresentative or otherwise intended to defraud, swindle or deceive other users of The Services;
viii. contains viruses, ransomware, spyware, adware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
x. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
xi. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of The Services;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. solicits gambling or engages in any gambling or similar activity;
xiv. uses scripts, bots or other automated technology to access the Services;
xv. uses The Services for chain letter, junk mail or spam e-mails;
xvi. collects or solicits personal information about anyone under 18; or
xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
xviii. is intended to advertise 3rd party products or services

l. No False Information. You will not provide inaccurate, misleading or false information to GiftedConnect or to any other user. If information provided to GiftedConnect or another user subsequently becomes inaccurate, misleading or false, you will promptly notify GiftedConnect of such change.

m. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services on or through The Services. You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. Further, you will not use any information obtained from The Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through The Services, you acknowledge that you will have caused substantial harm to GiftedConnect. To the extent permissible under applicable law, as a reasonable estimation of such harm, you agree to pay GiftedConnect $50 USD for each such unsolicited communication you send through the Services.

n. Unique and Bona Fide Profile. As a Registered User of the The Services, you will create only one unique profile. In addition, your use of the The Services must be for bona fide relationship-seeking purposes in order to maintain the integrity of the The Services (for example, you may not become a Registered User solely to compile a report of individuals in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, GiftedConnect may create test profiles in order to monitor the operation of the Services.

o. No Harassment of GiftedConnect Employees or Agents. You will not harass, annoy, intimidate or threaten any GiftedConnect employees or agents engaged in providing any portion of The Services to you.

p. Social Media. We do not offer connection with Social Media websites.

q. Reverse Engineering and Non-Interference. In addition to any GiftedConnect information or documents containing information that constitute a “trade secret” as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of GiftedConnect and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data and configuration files within or comprising our Services or used to receive content from, or deliver content to the Services, and all documentation relating thereto; (ii) all financial information relating to GiftedConnect or its affiliates; and (iii) all Service plans of GiftedConnect or its affiliates. By consenting to the terms of this Agreement, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that GiftedConnect takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third-party in engaging in any activity, or attempt in any way, or assist any third-party in attempting in any way, to: (v) discover or use any trade secrets of GiftedConnect without GiftedConnect’s prior written consent; (vi) reverse engineer or otherwise discover any source code utilized by our Services or any client or other software provided by us; or (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our Services to protect the Services or any data, hardware, software or server used in connection with it.

r. Linking, crawling and framing. You agree not to, and warrant and represent that you will not assist any third-party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Services through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by GiftedConnect.

3. Proprietary Rights.

a. Ownership of Proprietary Information. You hereby acknowledge and agree that GiftedConnect is the owner or licensee of highly valuable proprietary information accessible on or through the Services, including without limitation, the compatibility matching system, compatibility profiles, and our compatibility quiz (collectively, “Confidential Information”). GiftedConnect owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.

b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.

c. Other Users’ Information. Other Registered Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any GiftedConnect or third-party proprietary information available via the Services.

d. License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to GiftedConnect and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

4. User Information.

a. Privacy Statement. We will only use your information in accordance with our Privacy Policy. For information about the collection, use and possible disclosure of information and material provided by you, please click on GiftedConnect’s Privacy Policy located on the Services. By using the Services, you are consenting to the terms of GiftedConnect’s Privacy Policy.

b. No Contact Information. You agree that you will not post any full name, phone number, address, email addresses, personal website address or third-party profile page, or other contact information in the profile section of the The Services that will be made available to other Registered Members. You may, at your discretion, exchange such information when you reach the direct communication phase with your matches.

c. Disclosure By Law. You acknowledge and agree that GiftedConnect may disclose information you provide in accordance with our Privacy Policy, including, if required to do so by law, at the request of certain third-parties, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend GiftedConnect’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.

d. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Policy, GiftedConnect reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, GiftedConnect suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information, including personal information, may be disclosed to authorities that GiftedConnect, in its sole discretion, deems appropriate to handle such disclosure, provided that such disclosure is pursuant to applicable law. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that GiftedConnect is permitted to make such disclosure.

e. Use of Anonymous Information for Research. As set forth in our Privacy Policy, by using the Services, you agree to allow GiftedConnect to anonymously use the information from you and your experiences through the Services to continue GiftedConnect’s research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, your responses will be anonymous, and we will not publish research containing your personal identifying information.

5. Links to Third-Party Websites / Dealings with Advertisers and Sponsors.

The Services do not currently advertise any third-party goods or services and do not contain links to third-party websites. However, GiftedConnect reserves its rights to advertise on the Services and include third-party website links on the Services, including without limitation, advertisers, which are not under the control of GiftedConnect, and GiftedConnect is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. GiftedConnect provides these links to you only as a convenience, and the inclusion of any link does not imply that GiftedConnect endorses or accepts any responsibility for the content on such third-party website. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes or other promotion sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes or promotion sponsor. You agree that GiftedConnect will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to GiftedConnect with advertisers or sweepstakes or promotion sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Policy to learn more about our personal information handling practices.

6. Disclaimer of Warranties and Conditions.

a. No Warranties or Conditions. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO CLAUSE 7 (LIMITATION OF LIABILITY) BELOW. GIFTEDCONNECT PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GIFTEDCONNECT DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. GIFTEDCONNECT DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.

b. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by GiftedConnect, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. GIFTEDCONNECT DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN GIFTEDCONNECT. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL GIFTEDCONNECT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

c. Beta Features. From time to time, GiftedConnect may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representation, warranty or conditions of any kind, and may be modified or discontinued at GiftedConnect’s sole discretion. The provisions of this Disclaimer of Warranties and Conditions section apply with full force to such features or tools.

7. Limitation of Liability.

a. Limitation of Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIFTEDCONNECT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF GIFTEDCONNECT KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GIFTEDCONNECT’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES , EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID GIFTEDCONNECT FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT.

b. No Liability for non-GiftedConnect Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIFTEDCONNECT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

c. Information Verification. GiftedConnect may but is not required to use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that GiftedConnect will have no liability to you arising from any incorrectly verified information.

8. Indemnification.

a. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless GiftedConnect and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by GiftedConnect. GiftedConnect reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GiftedConnect in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

9. Complaints / Law Enforcement Contact.

To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the GiftedConnect Services, or email us by clicking here.

10. Communication and Privacy

We may use the email address associated with your account to send you messages, including notifications of important changes to the Services, special offers, or attempts to collect on an outstanding balance. Further, we may contact you by telephone in order to communicate with you regarding the Services. If you do not want to receive certain email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.

11. Term and Termination

This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder.

Either you or GiftedConnect may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. GiftedConnect reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a material breach of this Agreement, you agree that all fees paid to GiftedConnect by you are nonrefundable and that any outstanding fees (e.g., remaining installments) will become due and payable immediately. You may terminate your account by following the steps in the applicable section under “Cancellations” below, or by sending a notice of cancellation to: Inner Light Design, Inc., Attn: Cancellations, 3080 29th Street, Unit 14 Boulder, Colorado USA. Following any termination of your Services account due to a violation of our Agreement, GiftedConnect may, at our discretion or as required by law, send a notice thereof to other Registered Users with whom you have corresponded for the protection of our members.

12. Cancellations & Account Holds.

a. Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by: accessing Data & Settings > “Manage profile” > Amend Subscription, clicking on the cancellation link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription on an installment payment basis (such as three-part pay), cancellation will not affect your obligation to pay the total contractual amount due on your subscription and your account, credit card, or other payment method will continue to be charged the scheduled payments until the remaining balance is paid in full.

b. Cancellation through a Non-GiftedConnect Service with No Refund. To cancel a membership purchased through a Non-GiftedConnect Service, you must access your Non-GiftedConnect Service account and follow the cancellation prompts for each service. The current cancellation process for Apple requires you to access the Settings option on your iPhone, click on iTunes & App Stores, select your Apple ID, View Apple ID and Subscriptions. You can then click on your GiftedConnect subscription and cancel as instructed. To cancel a membership purchased through Google, the current cancellation process requires you to sign into your Google account, select “My subscriptions,” select the subscription you want to cancel, click “Manage,” and then “Cancel Subscription.” Further instructions for cancellation are available for Apple Privacy Policy here and for Google here. Cancellation through a Non-GiftedConnect Service is subject to the Terms and Conditions of the Non-GiftedConnect Service.

State-specific terms.
Section 12(c) and 12(d) only apply to subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin.

c. 3-Day Cancellation. REGARDING THE PREMIUM MEMBERSHIP, YOU, THE BUYER, MAY CANCEL THE AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS AGREEMENT, YOU CAN EMAIL SUBSCRIPTIONS@GIFTEDCONNECT.COM OR MAIL A SIGNED AND DATED NOTICE, OR TELEGRAM, WHICH STATES YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS MAILED NOTICE SHALL BE SENT TO INNER LIGHT DESIGN, INC., ATTN: CANCELLATIONS, 3080 29TH STREET, UNIT 14, BOULDER, CO, 80301 USA. PLEASE INCLUDE THE EMAIL ADDRESS ASSOCIATED WITH YOUR GIFTEDCONNECT ACCOUNT IN THIS NOTICE.

You may also communicate your desire to cancel your subscription by live chat with Customer Care. Please note, however, that live chat may not be available to all users and, due to Customer Care agents’ hours, will not be available at all times. For a Premium Membership, the day that you successfully purchased a subscription will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after GiftedConnect’s receipt of your written cancellation notice.

Please note that GiftedConnect cannot directly process refunds for purchases made through Apple via the iOS application. Please contact Apple regarding cancellation requests for subscriptions purchased through the iOS application.

d. Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive the full Premium Membership for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).

i. If you have prepaid any amount for a Premium Membership, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.

ii. “Disability” means a condition which precludes you from physically using the Premium Membership during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to GiftedConnect.

iii. If the physician determines that the duration of the disability will be less than six (6) months, GiftedConnect may extend the term of the Premium Membership contract for a period of six (6) months at no additional charge to you in lieu of cancellation.

Section 12(e) only applies to subscribers residing in New York.

e. Account Holds and Other New York-specific terms:

i. GiftedConnect does not guarantee a certain number of matches will be delivered to you as part of a Premium Membership. You will receive all your available matches upon successful registration and completion of the Compatibility Quiz, and GiftedConnect will continue to add additional matches as they become available during the term of your subscription.

ii. You may pause your Premium Membership for up to one (1) year by providing written notice to Inner Light Design, Inc., 3080 29th Street, Unit 14, Boulder, CO, 80301 USA or emailing support@giftedonnect.com.

iii. You can review the New York Dating Services Consumer Bill of Rights here.

13. **RENEWALS**

IN ORDER TO PROVIDE CONTINUOUS SERVICE, GIFTEDCONNECT AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION UPON CONFIRMATION OF PURCHASE, AND AS OTHERWISE REQUIRED IN YOUR JURISDICTION. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE US TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALLMENT FEES, SALES OR OTHER TAXES (“RENEWAL FEES”) YOU FURTHER ACKNOWLEDGE THAT THE RENEWAL FEES ARE SUBJECT TO CHANGE AND MAY VARY BY YOUR PLACE OF RESIDENCE AT THE TIME OF SUBSCRIPTION. IN ALL CASES, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE DIRECTIONS SET OUT UNDER “CANCELLATIONS AND ACCOUNT HOLDS” SECTION ABOVE.

14. Governing Law & Venue

Unless prohibited by local law, this Agreement is governed by the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, Section 15 of this Agreement shall be governed by the Federal Arbitration Act. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Agreement (as set forth in Section 15) is held to be unenforceable, you agree that any claims or disputes that you have against us must be resolved in the federal or state courts located in Boulder, CO to the extent permissible by applicable law. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of Colorado law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.

15. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver

a. Purpose: This section 15 of the Agreement (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and GiftedConnect. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

Please read this Arbitration Agreement carefully. It provides that all Disputes between you and GiftedConnect shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).

For the purpose of this Arbitration Agreement, “GiftedConnect” means Inner Light Design, Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and GiftedConnect regarding any aspect of your relationship with GiftedConnect, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.

YOU AND GIFTEDCONNECT EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

b. Pre-Arbitration Dispute Resolution: For all Disputes you must first give GiftedConnect an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Inner Light Design, Inc. 3080 29th Street, Unit 14, Boulder, CO 80301 USA. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If GiftedConnect does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.

c. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or GiftedConnect may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because your contract with GiftedConnect, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

d. Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

e. Location of Arbitration: You may initiate arbitration in Boulder, CO, via written submissions, in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution, or in another location mutually agreed to by the parties.

f. Payment of Arbitration Fees and Costs: Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), GiftedConnect will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with GiftedConnect as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from GiftedConnect your actual and reasonable attorney’s fees and costs as determined by the arbitrator.

g. Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and GiftedConnect specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Registered Member of GiftedConnect and/or user of GiftedConnect services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.

h. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and GiftedConnect are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and GiftedConnect might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

i. Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.

j. Continuation: This Arbitration Agreement shall survive the termination of your contract with GiftedConnect and your use of GiftedConnect Services.

16. General Provisions

a. Right to Seek Injunction. Violation of this Agreement may cause GiftedConnect irreparable harm, and therefore agree that GiftedConnect will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that GiftedConnect may have for a breach of this Agreement.

b. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Policy located on the Services, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and GiftedConnect regarding the use of this Service, superseding any prior agreements between you and GiftedConnect related to your use of the Services (including, but not limited to, any prior versions of this Agreement). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Services. The failure of GiftedConnect to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

17. Digital Millennium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify GiftedConnect’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim is being infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Services;

4. Information reasonably sufficient to permit GiftedConnect to contact you, such as your address, telephone number, and email address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Designated Copyright Agent
Inner Light Design, Inc.
3080 29th Street, Unit 14, Boulder, CO 80301 USA
copyright@giftedconnect.com (only copyright-related notices will be accepted at this email address. All other inquiries or requests will be discarded.)

18. Revision Date

This Agreement was last revised on June 1, 2022.

Copyright © 2022 Inner Light Design, Inc. All Rights Reserved. GiftedConnect and other marks, colors, and images are registered and common law trademarks of Inner Light Design, Inc. Other trademarks and brands are the property of their respective owners.

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Privacy Policy

Who we are

Our website address is: https://app.hspconnection.com.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

 

This Privacy Policy discloses the privacy practices of GiftedConnect, Inc. (“GiftedConnect,” “us,” “our,” or “we”) with respect to your information collected, stored, disclosed and used by GiftedConnect, its subsidiaries and corporate affiliates, through our Services, including our Websites and Applications (as defined in the Terms and Conditions of Service or Agreement).

YOUR USE OF OUR SERVICES IS SUBJECT TO THIS PRIVACY POLICY AND THE APPLICABLE TERMS AND CONDITIONS OF SERVICE. BY USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND THE APPLICABLE TERMS AND CONDITIONS OF SERVICE. If we decide to change our Privacy Policy, we will post those changes to this page and any other places we deem appropriate so that you are aware of what personal information we collect, how we use it, and under what circumstances, if any, we disclose it.

The effective date of this Privacy Policy is noted below. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here, or by other means, such as e-mail, at our discretion. Your continued use of any portion of our Services following the posting of the updated Privacy Policy will constitute your acceptance of the changes.

1. What Personal Information We Collect and How We Collect It
2. How and Why We Use Your Personal Information
3. Mobile Push Notifications
4. If Information Is Not Provided
5. Disclosure of Your Personal Information
6. Third-Party Advertising
7. Age Restrictions
8. Custom Audience
9. Security
10. “Do Not Track” Signals
11. Links to or Access from Other Sites
12. Choice/Opt-Out
13. Updating / Deleting Your Personal Information
14. Retention and Storage of Your Personal Information
15. Contact Us
16. Dispute Resolution
17. Residents of California – California Privacy Policy
18. Effective Date

1. What Personal Information We Collect and How We Collect It

In order to provide our Services, we collect information about you that, alone or in combination with other information, can be used to identify you as an individual (“personal information”). What personal information we collect and process depends on how and why you interact with us.

• • Personal Information You Provide. When you register for an account or subscribe to any of our Services, we collect a variety of information about you, including your contact information such as your name, email address, contact number, mailing address, date of birth, dating preferences, etc. When you sign up for our Services, you may provide us with answers to our proprietary questionnaire (our Compatibility Quiz), which we use to build a personality profile for you and to match you with other compatible singles. You may also choose to provide us with your photo(s) which may contain personal information. By providing us photo(s) you agree that we may make them available to your matches and users of GiftedConnect’s Services. We may also collect your name, contact information (such as your email), and a copy of your correspondences with us, if you contact us. If you are a Premium Member, you will also be able to communicate with your matches via video chat in selected countries. If you use the video chat feature, you acknowledge and agree that the matches with whom you choose to video chat will have access to video of you. Furthermore, GiftedConnect uses a third-party service provider to enable the video chat feature, and you agree that GiftedConnect will transfer your IP address and profile ID to this service provider strictly for the purpose of providing the service. To process purchases, we may require your name, address, phone number, email address and payment information, including but not necessarily limited to credit or debit card information and associated account information. If you would like us to delete such payment information from our systems, you may contact us as described under the “Contacting Us” section below. For subscribers of the Australian Service: All subscription fees and other payments which are directly collected by GiftedConnect for our Australian Service are processed by our Australian subsidiary, GiftedConnect Australia Pty Ltd (ABN 35 143 539 655).Sensitive Information. During the registration process and while updating your profile, you may provide us with personal information that is considered “sensitive” in your jurisdiction, including but not limited to, religious beliefs, ethnicity and political views. This information is only used by us to provide the services to you. By providing this information, you agree to GiftedConnect’s storing, processing, and use of such data for the purposes stated above. You may change update your information by accessing your profile at any time or select the “prefer not to specify” option in response to any questions requesting such information.
    Surveys. We may periodically conduct voluntary member surveys. We encourage our members to participate in such surveys because they provide us with important information regarding the improvement of our Services. You may also volunteer for certain surveys that we may offer to our users, and any additional rules regarding the conduct of such surveys will be disclosed to you prior to your participation. We do not link the survey responses to any personal information, and all responses are anonymous.

 

• • Personal Information We Automatically Collect. When you access or or use our Services, we automatically collect information about how you access and use our Websites and Services. The information we collect includes your IP address, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. If you use a mobile device to access or download any of our Services, we may also collect device information (such as your mobile device ID, model and manufacturer), operating system, and version information. While this information taken together could be considered personal information, we do not use this information to personally identify you. We use this information in the aggregate to analyze trends, administer our Servicess, prevent fraud, understand how users interact with our Services, and gather demographic information to tailor our visitors’ experience on our Services, show them content that we think they might be interested in, and display the content according to their preferences. We do not share this information with third parties.
    The technologies we use to automatically collect data from you may include:1. Cookies & Web Tracking. We use “cookies” to keep track of some types of information while you are accessing or using our Services. Cookies are very small files placed on your computer, and they allow us to count the number of visitors to our Websites and distinguish repeat visitors from new visitors. They also allow us to save user preferences and track user trends. We rely on cookies for the proper operation of our Websites; therefore if your browser is set to reject all cookies, the website will not function properly. Some cookies are automatically erased after the end of the browser session (these are “session cookies”), whereas other cookies are stored for a predetermined amount time or permanently in your browser, before they erase themselves (these are “temporary” or “permanent” cookies).While a cookie may distinguish your device, it will not name you. Almost every website uses cookie technology.
    You can find more details about the cookies and pixels that we use for the Websites here and for the Applications here. We have listed the name of each cookie, as well as the intended purpose of the cookie and other important information.
    What kind of cookies does GiftedConnect use?
    Strictly necessary cookies
    We use certain cookies to make sure that our website and our Service is easy, secure and safe to use. Without these cookies, services that you have asked for (such as a secure website and Service), would not be possible. This category of cookies includes:
    • Cookies that identify or authenticate our users to ensure that our Service is secure;
    • Cookies that temporarily store certain user entries ;
    • Cookies that store certain user preferences (such as your language choices).
  • Analytics cookies
    We use analytics cookies to record usage data about our users (e.g. which users have visited which of our subpages, etc.) and to evaluate this information statistically.
    Third Party Advertising Cookies / Third Party Pixel / Third Party Tracking
    We also allow third parties to collect our users’ data through advertising cookies or pixels placed on our website. These cookies allow us and other third parties to provide you with interest-based advertising that is based on an analysis of your usage behavior (e.g., which banner ads you have clicked on, which subpages you have visited, etc.) on the internet and our Services.
    How can you deactivate or erase our cookies?
    You can deactivate cookies on your device via your browser settings; and you can erase any cookies already stored on your device at any time in your browser. Please note, however, that if you choose to deactivate or remove cookies, doing so may prevent certain features on our website from working properly and therefore affect your experience on our website. In addition, you may not be able to use all the features of our Service if you deactivate or remove cookies.
    For additional information and opt-out instructions for interest-based advertising, please review our Third Party Advertising section below.
    2. Web Beacons. “Web beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize our website for our users and to collect a limited set of information about our visitors. We may also use web beacons in email communications in order to understand the behavior of our customers.
    3. Web Analytics. We collect and use statistical information about your use of our Services to make it more user-friendly, to understand our market share, to conduct other market research and to make sure that we display relevant advertisements for you. To this end, we work with various authorized service providers; and we use analytics tools in our website. However, these tools will not use your IP address, or (if they do), they will shorten it immediately after collection (which means that it will be less clearly be linked to your device). These tools will also generate user profiles by using analytic cookies or by evaluating log files; however these user profiles will not be linked to your real world information and will not name you.
    4. Promotional e-mails. Promotional e-mail messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. If you would rather not receive promotional e-mails from us, please see the section below labeled “Choice/Opt-Out.”

 

• Personal Information We Receive from Others. In addition to information you provide us directly, and that we collect automatically, we also may receive personal information from:
  • Fraud-detection and credit-reference agencies to correct our records and help prevent and detect fraud;
  • Sources that are available to the public, which we might combine with information that we collect from you directly; and
  • A family member or someone else acting on your behalf.
• We encourage users to refer a friend to our Singles Service by sending us a friend’s name and email address. We will keep this information in our database, and send that person a one-time e-mail containing your name and inviting them to visit our site. This e-mail will also include instructions on how to remove their information from our database. If you refer a friend, you agree that you will not abuse this feature by entering names and addresses of those who would not be interested in GiftedConnect’s Services. For some of our Services, you may also give gift memberships to your friends, in which case we will use your friends’ e-mail address that you provide in order to deliver the gift.

 

2. How and Why We Use Your Personal Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide and secure our Services;
• Establish and manage user accounts, such as your “My Profile”;
• Display the public fields of your profile to your matches, including recent login date, user name, photos, videos, and other profile content;
• Provide customer support, troubleshoot issues, manage our Services, and respond to requests, questions, and comments;
• Process transactions;
• Communicate with you about our Services, including order confirmation, refund and renewal processing, notifying of matches for our Singles Service, Service announcements and administrative messages;
• Communicate with you regarding promotions, including newsletters, new product offerings, special discounts, event notifications, special third-party offers;
• Conduct market and consumer research and trend analyses;
• Enable posting on our blogs, forums, and other public communications;
• Perform accounting, auditing, billing, reconciliation, and collection activities;
• Prevent, detect, identify, investigate, and respond to potential or actual claims, liabilities, prohibited behavior, and criminal activity;
• Comply with and enforce legal requirements, agreements, and policies;
• Achieve purposes for which we provide specific notice at the time of collection; and
• For any other purpose with your consent.

One of the methods we use to communicate with you in connection with GiftedConnect’s Services may be by telephone or text message (including to any wireless number you may provide to us). For example, you may sign up for a text messaging service (“SMS Verification”) which enables GiftedConnect to verify your phone number via a confirmed text message and display such verification in your public account (as a security measure for your matches’ benefit). If you would rather not receive telephone calls or text messages from us, you may change or delete your number from your account preferences page(s), or ask to be removed from our contact list if you receive a call or text message from us. You may also opt-out of the SMS Verification service at any time. Please note that we or one of our service providers may contact you by telephone in connection with an outstanding and past due balance on your account. Opting out of receiving telephone calls will not opt you out of receiving calls related to an outstanding balance.
In addition to the uses outlined above, by accessing or using our Services, you agree to allow us to anonymously use the information from you and your experiences to continue our research into successful relationships. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be kept anonymous, and no personal information will be published.

3. Mobile Push Notifications

We will send you push notifications if you choose to receive them for purposes of receiving notice of matches for our Singles Service, letting you know when someone has sent you a message, or for other Service-related matters. If you wish to opt-out from receiving these types of communications you may turn them off at the device level.

4. If Information is Not Provided

If you do not provide us with the personal information we request, this may limit our ability to fulfil the applicable purpose for collection and the services we are able to provide you. For example, we may not be able to consider or process your payment, match you with other users or provide a particular service you have requested.

5. Disclosure of Your Personal Information

In general we may share personal information we collect:

• With current and future organizations that are part of our network of organizations for the purposes described in this Privacy Policy, including with your consent;
• With affiliated and unaffiliated service providers who help us perform and deliver our Services, subject to confidentiality agreements, including: customer care agents; technology assistants; service fulfillment; form processing; website management and hosting; information technology and security; email and newsletter delivery; advertisement partners and corporate sponsors; auditing; collection agencies; and credit card processing;
• With the appropriate authorities if we believe disclosure is necessary and appropriate to prevent physical, financial, or other harm, injury, or loss, including to protect against fraud or credit risk;
• With legal, governmental, or judicial authorities as instructed or required by those authorities and applicable laws, or in relation to a legal activity, such as in response to a subpoena or investigation of suspected illicit or illegal activities, or where we believe in good faith that users may be engaged in illicit or illegal activities, or where we are bound by contract or law to enable a network partner to comply with applicable laws;
• With necessary third parties in connection with, or during negotiations for, an acquisition, merger, asset sale, or other similar business transfer that involves all or substantially all of our assets or functions where personal information is transferred or shared as part of the business assets;
• With your consent or at your direction, such as when you choose to share information or publicly post content and reviews (for example, social media posts); and
• With persons of your choosing and at your discretion, should the Services you are subscribed to allow that functionality.

In addition, GiftedConnect may disclose personal information as follows.

• To Your Matches. As an integral part of providing the GiftedConnect Service, we will disclose your profile information (including, but not limited to, last login date, whether you are currently online, your compatibility score) to your matches. Photos and other profile information posted by you will be available to subscribers that are matched with you. We never share your contact information with your matches.
• To Comply with Valid Legal Requests. You acknowledge and agree that we may disclose information you provide if required to do so by law, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend GiftedConnect’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
• To Protect Abuse Victims. Notwithstanding any other provision of this Privacy Policy or our Terms and Conditions of Service, we reserve the right, but have no obligation, to disclose any information that you submit to the Services, if in our sole opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that we, in our sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that we are permitted to make such disclosure.
• To Trusted Third Parties By Us. We may share your information with third parties, but not in a manner that would reveal your identity. We may share your personal information, sometimes in conjunction with non-identifying information, with service providers that may be associated with us to perform functions on our behalf. For example, outsourced customer care agents or technology assistants may need access to your information to perform services for you. Your information will be treated as private and confidential by such service providers and not used for any other purpose than we authorize.
• To Transfer As a Result of Sale of Business. As we develop our business, we may buy or sell assets and, depending on the transaction, your personal information may be one of the transferred assets. In the event that we are acquired by another company, your personal information may be part of the assets transferred to the acquiring party. If this occurs, you will be notified if there are any material changes to the way your personal information is collected or used.
• To other Locales. We process all information, including your personal information, via our servers and networks located in the United States and Germany. Additionally, some of our service providers may be located in other jurisdictions. By using our services and expressly assenting to this privacy policy, you have consented to the transfer of your personal information solely for the purpose of providing you the services for which you have registered or to which you have subscribed. We take all reasonable steps to ensure that all overseas recipients will not hold, use or disclose your personal information inconsistently with applicable law.

6. Third-Party Advertising

We may use third-party advertising agencies or other service providers to serve ads on our website on behalf of GiftedConnect. These companies may employ cookies or pixels to measure advertising effectiveness. Any information that these third parties collect via cookies and pixels is anonymous. Some of these third-party advertising agencies may be members of the Digital Advertising Alliance , which offers you the option to opt out of ad targeting from its member agencies by following the procedures listed here or for applications, access the AppChoices website here.
We will only share your information with third parties in the ways defined in this Privacy Policy.

7. Age Restrictions

We only accept registrations to our Services from users who are 18 years or older (or the age of majority in applicable jurisdictions), and any information we may receive from users we believe to be under the age of 18 will be purged from our database. If you believe that we may have collected any such personal information through our Services, please notify us as specified below.

8. Custom Audience

We may also use services provided by third-party platforms (such as social networking and other websites) to serve targeted advertisements on such platforms to you or others, and we may provide a hashed version of your email address or other information to the platform provider for such purposes. To opt-out of the use of your information for such purposes, please email us at usersupport@GiftedConnect.com.

9. Security

We store information in a combination of electronic storage facilities, paper-based files and other records. While we cannot guarantee your personal information is completely secure at all times, we have administrative, organizational, technical, and physical security measures in place to help protect against the loss, misuse and alteration of the information collected and processed. These measures include the use of firewalls, digital certificates, Security Socket Layer (SSL)and encryption technology during credit card transactions and administrative access to site data, as well as other proprietary security measures which are applied to all repositories and transfers of user information.

10. “Do Not Track” Signals

We do not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use or visit our Websites. You may, however, disable certain tracking as discussed above (e.g., by disabling cookies). Please consult the “Help” section of your internet browser for more information.

11. Links to or Access from Other Sites

You may be able to access your account or content of your account from third party websites, such as social networking sites (e.g., Facebook), by way of various applications. These services will authenticate your identity and provide you with the option to share certain personal information with us such as your name and email address to pre-populate our registration form. The privacy policies and practices of such sites in connection with information you disclose on such sites may differ from the practices of GiftedConnect as set forth in this Privacy Policy. We are not responsible for the privacy policies or practices or the content of any other websites that may provide access to, or be linked to or from, our Services, including that of any social networking sites. Please be aware that, should you choose to use the Facebook or Apple login feature for your GiftedConnect account, you should not permit other persons to use your Facebook or Apple accounts or give other persons your login information for those websites. (See also Terms & Conditions, Section 2(e) (“Exclusive Use”).)

12. Choice/Opt-Out

You may use the following options for removing your information from our e-mail database if you wish to opt out of receiving promotional emails.

1. 1. Click on the “unsubscribe” link on the bottom of the e-mail;
   2. Send mail to the following postal address letting us know which promotional e-mails you wish to opt-out of: Inner Light Design, Inc. 3080 29th Street, Unit 14, Boulder, CO 80301 USA
   3. For any Services that allow you to control which e-mails you receive, go to the Notifications page, and uncheck the undesired promotions.

13. Updating / Deleting Your Personal Information

GiftedConnect provides users the following options to access, change, correct, update or delete information previously submitted to us.

1. Certain information (such as match settings, billing account/ payment method, and email address updates) may be updated by logging in to your account and updating directly.
2. GiftedConnect requires that some personal information updates (such as date of birth changes) be processed by our customer care group for verification purposes and to protect other members. In order to make such personal information updates, please contact Customer Care at this link for further assistance.
3. To request deletion of your personal account information, please access our FAQ’s and follow the process under the relevant account deletion FAQ. Requests for personal information deletion will be processed promptly.

14. Retention and Storage of Your Personal Information

We retain your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and your consent to such purpose(s) remains valid after termination of your relationship with us. Except for information required for accounting or record-keeping purposes, we will automatically delete your personal information after 24 months of inactivity in a Basic Membership (as defined in the Agreement) unless we have a valid reason to retain such information.
Your personal information may be processed and stored outside of the jurisdiction or country in which you reside by us, an affiliate or an unaffiliated service provider for the purposes set out in this Privacy Policy and, under the laws of these other jurisdictions, in certain circumstances foreign courts, law enforcement agencies or regulatory agencies may be entitled to access your personal information.

15. Contacting Us

If you have any questions about this Privacy Policy or our privacy practices , you can contact us by writing to:

• • Inner Light Design, Inc. 3080 29th Street, Unit 14, Boulder, CO 80301 USA

Or you can reach us by email at: privacy@GiftedConnect.com.

16. Dispute Resolution

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at the address or email address listed above.

17. Residents of California – California Privacy Policy

This Section 17 of this Privacy Policy is applicable only to California residents and is effective as of January 1, 2020.

In addition to the information provided below, you can find an exhaustive list here of the categories of personal information GiftedConnect has collected, used and/or disclosed in the last 12 months and the business or commercial purposes for which such information was collected.

California Consumer Rights
Effective January 1, 2020, under the California Consumer Privacy Act (“CCPA”), California residents have the right to know what categories of personal information we generally collect, use, disclose, and/or sell about them within the past 12 months. California residents have the right to know where that information came from, the business or commercial purposes for the collection, and the categories of third parties with and/or to whom that information was shared and/or sold within the past 12 months. Throughout this Privacy Policy, and specifically in this section, we have set out GiftedConnect’s policies and processes as it relates to the collection, use and disclosure of your personal information.
California residents also have the right to request access to that information on an individual level, to remove their personal information in accordance with applicable laws. Consumers who have a visual disability may be able to use a screen reader or other text-to-speech or text-to-Braille tool to review the contents of this notice.

Data Access Request
If you are a California consumer and you would like to submit a request to exercise your right to know what personal information GiftedConnect has collected, used or disclosed to third parties in the 12 month period prior to your request, you can make a request by: (i) clicking on this link, signing in to your account on the linked webpage, and following the instructions to request a copy of your personal information, (ii) filling out the online Customer Care form available at this link, or (iii) sending us a request by mail to this address: Inner Light Design, Inc. 3080 29th Street, Unit 14, Boulder, CO 80301, Attn: CCPA Request to know. Please specify in your request the details you would like to know, including any specific pieces of personal information you would like to access.
Please note that your right to know can be exercised without justification and free of charge. However, we may request a fee, notably when requests are unfounded, excessive or have a repetitive character. We are not required to provide access to personal information more than twice in 12 months.

Data Deletion Request
If you are a California consumer and a Basic member (as defined in our Terms and Conditions) and you would like to exercise your personal data deletion rights, you can log into your account on our website, select Data & Settings, Profile Visibility and click “here” or click directly on this link to delete your profile and the data contained in your profile. Please note that this deletion on your own is only possible on our website and not in our apps. If you cannot log in on our Website, you need to submit a data deletion request as described below.

If you are a California consumer and a Premium member (as defined in our Terms and Conditions) and you would like to exercise your personal data deletion rights, you need to submit a data deletion request as described below.

To submit a data deletion request, you can fill out the online form available at this link, or send us a request by mail to this address: Inner Light Design, Inc. 3080 29th Street, Unit 14, Boulder, CO 80301, Attn: CCPA Request for deletion.

Please note that your right to deletion can be exercised without justification and free of charge. However, we may request a fee, notably when requests are unfounded, excessive or have a repetitive character. We are not required to comply with your request to deletion in the following circumstances: (i) to perform our contract with you, (ii) to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for the activity, (iii) to debug to identify and repair errors that impair existing intended functionality, and/or (iv) to comply with our obligation to maintain records of consumer requests made pursuant to the CCPA.

Verification Process
To protect your privacy, we must first verify your identity before we can respond to and process your request for access to specific data or to delete data. To do that and if you are a Basic or Premium member, please login and send us your request through one of the contact links above so that we can easily identify you. If you maintain your GiftedConnect account with a unique GiftedConnect email/password combination (rather than Facebook or Apple login), you may be asked to re-input your login credentials as an additional verification step. If you maintain your GiftedConnect account through Facebook or Apple login, then you may be asked to verify your identity by providing certain information, including but not necessarily limited to: your profile ID or email address associated with your account, and your service password (that is not your personal password), date of birth, or zip/postal code associated with your account.

If you request your data through the customer care form, we will request certain account information to verify your identity that may include the following: the email address associated with your profile, your profile ID and your service password (that is not your personal password), your date of birth, and/or your zip/postal code. Your profile ID and service password are assigned to you when you register to our Service. You can access these at any time in your online profile on our website in the section entitled “My Data & Settings” > “Manage Profile”. If you cannot provide us with such information, we will ask you to provide other account information to verify your identity.

Requests to opt out of selling of personal information, if applicable, do not need to be verified and will be honored in accordance with applicable laws.

We will make good faith efforts to provide you with access to your data when you request it, but there may be circumstances in which we may not provide access or delete data as allowed by law. For example, we are not required to delete personal information needed to provide a service you’ve asked us to provide, to detect fraudulent or illegal activity, required for bookkeeping or tax purposes (e.g., transaction data), or required for legal purposes. Also, we are not required to provide access to information that contains legal privilege, where your identity could not be verified, or where the information would compromise others’ privacy or other legitimate rights, like intellectual property rights. If we determine that your request for access or deletion should be denied or restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.

Authorized Agent
If you wish to designate an authorized agent to make a request on your behalf, please let us know when you make your request. You can designate an authorized agent to make a request under the CCPA on your behalf if: (i) the authorized agent is a natural person or a business entity registered with the Secretary of State of Colorado; and (ii) you sign a written declaration that you authorize the authorized agent to act on your behalf.

If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please take the following steps:

• Mail your written declaration authorizing the authorized agent to act on your behalf, certified by a California notary public, to this address: Inner Light Design, Inc. 3080 29th Street, Unit 14, Boulder, CO 80301, Attn: CCPA Request; and
• Provide any information we request as described above and/or in our response to verify your identity.

If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.

Non-Member / Visitor
If you are a California consumer and a non-member/visitor of our services and you would like to exercise your right to know or your right to deletion: please note that we only collect, use, and disclose non-name identifying information. For this reason, we do not have a reasonable method by which we could verify your identity, or individually verify all the members of a household, to the degree of certainty required under CCPA. Therefore, we are not able to comply with your request.
To know the categories of personal information we collect about you, the categories of sources from which we collect the personal information, the business and commercial purposes for which we collect and disclose the personal information, and/or the categories of third parties with whom we share the personal information, please refer to the table exhaustive list available here.

Data Retention
For Basic members: You can choose to remove the data in your profile at any time. You can also erase your profile data yourself by logging in to the GiftedConnect website and starting the deletion process (see Data Deletion Request section). Otherwise, GiftedConnect automatically erases personal profile data of Basic Members who are inactive for 24 months.
For Premium members: Your personal data will be stored for the duration of your Premium membership. However, we will erase your data at your request, provided that there is no statutory storage obligation that applies to that information. If your data is subject to a mandatory storage period, we will ensure that this information is isolated and stored until the expiration of the mandatory retention period. Once your Premium Membership is over, your Premium Membership will be converted into a Basic Membership. In this case, the description above relating to the retention period of Basic member data will apply.
GiftedConnect will also store any personal data which is required to demonstrate that GiftedConnect has lawfully complied with valid requests under the CCPA for the required period.

Additional Information
Any access or deletion requests that can be processed by us will be done so within 45 days from the date we receive your request unless we notify you that an extension is required. In case of an extended completion period, we will process your request within 90 days from the date of your original request. If we are unable to satisfactorily verify your identity, we will not be able to process your request.
We will not discriminate against you if you choose to exercise any of your privacy rights under California law.

Disclosure of Personal Information, No Sale
We disclose, and have disclosed over the preceding 12 months, certain categories of California residents’ personal information to the categories of third parties as shown in the table below.
We have not sold California residents’ personal information over the preceding 12 months and will not do so. We have not and will not sell the personal information of minors under 16 years of age without affirmative authorization.

Right to Opt-Out of the Sale of Personal Information
California residents also have the right to request that we limit or stop the “selling” (a broad word used to also include some types of sharing) of their personal information under certain circumstances. However, we do not engage in selling personal information.

Categories of Personal Information, Collect, Use, and Disclose
Here is an exhaustive list of the categories of personal information we collect and have collected from California consumers within the past twelve months, the categories of sources from which that information is collected, the business or commercial purposes for which the information is collected, and the categories of third parties with whom GiftedConnect shares personal information. Please note that these are categories of personal information as they are set forth under California law. We did not necessarily collect all specific pieces of personal information listed for any given person.
Other than the categories of third parties set forth in the attached chart, we do not disclose personal information to third parties for a business or commercial purpose.
Please note that this list also correctly and completely reflects the categories of personal information we have collected from California consumers, the categories of sources from which that information was collected, the business or commercial purposes for which the information was collected, and the categories of third parties with whom GiftedConnect shared personal information for the past twelve months.

Contact for More Information or Questions?
If you have any questions about this section or about exercising your rights described above, you can contact us by mailing us at:
Inner Light Design, Inc.
3080 29th Street, Unit 14
Boulder, CO 80301 USA
Or you can reach us by email at: privacy@GiftedConnect.com.

18. Effective Date

This privacy statement was last revised on June 2nd, 2022.

Copyright © 2019-2022 Inner Light Design, Inc. All Rights Reserved. GIFTEDCONNECT, and other marks, colors, and images are registered and common law trademarks of GiftedConnect, Inc. Other trademarks and brands are the property of their respective owners.

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