Privacy Policy

1. Introduction

Day One Foundry LLC (“Company,” “we,” “us,” or “our”) operates the TOY (“Thinking Of You”) mobile application, the website at sendtoycard.com, and all related services (collectively, the “Service”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Service.

Please read this Privacy Policy carefully. By using the Service, you agree to the collection and use of information in accordance with this policy. If you do not agree with the terms of this Privacy Policy, please do not access or use the Service.

2. Information We Collect

2.1 Information You Provide

• Account Information: When you create an account, we may collect your name, email address, and other information you provide during registration.
• User Content: When you use the Service, you may upload videos, images, text, and other content as part of creating and sharing video greeting cards. This content is stored on our servers to provide the Service.
• Communications: If you contact us directly, we may receive additional information about you, such as your name, email address, and the contents of your message.

2.2 Information Collected Automatically

• Device Information: We may collect information about the device you use to access the Service, including device type, operating system, unique device identifiers, and mobile network information.
• Usage Data: We may collect information about how you use the Service, including access times, features used, and interactions with the Service.
• Crash and Performance Data: We may collect crash reports and performance data to help us improve the stability and performance of the Service.

2.3 Payment Information

If you make purchases through the Service, payment transactions are processed by third-party payment processors (such as Apple via the App Store). We do not directly collect or store your payment card information. Please refer to the applicable payment processor’s privacy policy for information on how they handle your payment data.

3. How We Use Your Information

We use the information we collect to:

• Provide, operate, and maintain the Service
• Create and manage your account
• Process and deliver your video greeting cards to intended recipients
• Communicate with you, including responding to your inquiries and sending service-related notices
• Monitor and analyze usage and trends to improve the Service
• Detect, prevent, and address technical issues, fraud, or security concerns
• Comply with legal obligations

4. How We Share Your Information

We may share your information in the following circumstances:

• With Recipients: When you share a video greeting card, the content of that card is made accessible to the intended recipient via a shareable link.
• Service Providers: We may share your information with third-party vendors and service providers that perform services on our behalf, such as hosting, data storage, and analytics. These service providers are contractually obligated to use your information only as necessary to provide services to us.
• Legal Requirements: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court order or government agency).
• Protection of Rights: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our Terms of Service, suspected fraud, situations involving potential threats to the safety of any person, or as evidence in litigation.
• Business Transfers: If Day One Foundry LLC is involved in a merger, acquisition, or sale of all or a portion of its assets, your information may be transferred as part of that transaction. We will notify you via email and/or a prominent notice on our Service of any change in ownership or uses of your information.

We do not sell your personal information to third parties.

5. Data Storage and Security

Your information, including User Content such as videos, is stored on secure third-party servers. We implement appropriate technical and organizational security measures designed to protect your information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

6. Data Retention

We retain your information for as long as your account is active or as needed to provide you the Service. We may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you delete your account, we will make reasonable efforts to delete your information, though some information may be retained as required by law or for legitimate business purposes.

7. Children’s Privacy

The Service is not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13 without verification of parental consent, we will take steps to remove that information from our servers. If you believe that we might have any information from or about a child under 13, please contact us at support@sendtoycard.com.

8. Your Rights and Choices

8.1 Access and Correction

You may access and update certain account information by logging into your account. If you need to access, correct, or delete other personal information we hold about you, please contact us at support@sendtoycard.com.

8.2 Account Deletion

You may request deletion of your account and associated personal information by contacting us. Upon receiving your request, we will delete or anonymize your information unless we are required to retain it for legal or legitimate business purposes.

8.3 Communications

You may opt out of receiving promotional communications from us by following the unsubscribe instructions in those messages. Even if you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

9. California Privacy Rights

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including:

• The right to know what personal information we collect, use, disclose, and sell
• The right to request deletion of your personal information
• The right to opt out of the sale of your personal information (we do not sell your personal information)
• The right to non-discrimination for exercising your privacy rights
• The right to correct inaccurate personal information

To exercise any of these rights, please contact us at support@sendtoycard.com. We will respond to your request within the timeframes required by applicable law.

10. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by Day One Foundry LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the privacy policies of any third-party websites or services that you visit.

11. International Data Transfers

Your information may be transferred to, and maintained on, servers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. By using the Service, you consent to the transfer of your information to such locations.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the “Effective Date” at the top. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Your continued use of the Service after any modifications indicates your acceptance of the updated Privacy Policy.

13. Contact Us

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at: support@sendtoycard.com

Day One Foundry LLC
California, United States