Privacy Policy

1. Scope and who we are

Emotely Labs, Inc., a Delaware corporation, is responsible for the personal information covered by this Policy. This Policy applies to our websites, accounts, emote creation and delivery experiences, Circle, subscriptions, gift cards, Emotely Flex, keepsakes, and related services (collectively, the “Service”).

It applies to account holders, senders, recipients, visitors, and people whose information a user adds to Circle. If you receive an Emote or are added to Circle by another person, we may receive your information from that person rather than directly from you.

2. Information we collect

Account and profile information may include your name, email address, authentication details, country or region, preferences, subscription status, and account history.

Emote and recipient information may include recipient names and email addresses, messages, prompts, selected feelings, images, uploaded content, delivery dates, gift selections, claim status, and communications relating to delivery. Senders are responsible for having authority to provide recipient information.

Circle and reminder information may include contacts you enter or import, email addresses, birthdays, anniversaries, relationship details, notes, reminders, and information imported from supported contact files or connected services. We process only the information needed to provide the features you choose.

Transaction information may include products, gift values, currencies, billing country, postal code, transaction identifiers, payment status, tax information, refunds, and fraud signals. Payment card details are collected and processed by Stripe; Emotely does not ordinarily receive complete card numbers or security codes.

Device and usage information may include IP address, approximate location inferred from IP, browser and device type, operating system, referring pages, pages viewed, interactions, timestamps, diagnostic information, and cookie or similar-technology identifiers.

We also collect information you provide when you contact support, respond to a survey, report a problem, request privacy assistance, or otherwise communicate with us.

3. How we use information

We use personal information to create, personalize, schedule, send, display, and preserve Emotes; operate accounts and Circle; deliver reminders; process gifts and purchases; issue and redeem Flex credit; fulfill keepsakes; and provide support.

We use information to authenticate users, maintain security, prevent fraud and abuse, diagnose failures, enforce our agreements, keep transaction records, satisfy tax and legal obligations, and protect users, recipients, Emotely, and others.

We may use prompts, messages, selected feelings, and related content to generate or refine text and visual output using artificial-intelligence providers. Do not submit sensitive information or content you are not permitted to use.

We use aggregated or de-identified information to understand performance, improve product flows, and develop the Service. We do not attempt to reidentify information that has been de-identified, except to test whether our de-identification processes are effective.

4. Legal bases for processing

Where applicable law requires a legal basis, we process information as necessary to perform a contract with you, including providing the Service and completing requested transactions; for our legitimate interests, including security, support, improvement, and fraud prevention; to comply with legal obligations; and with consent where required, including for optional analytics technologies.

When we process recipient or Circle information supplied by a user, our interests include carrying out that user’s requested delivery, reminder, or relationship-management activity while limiting use of the information to the relevant Emotely feature.

5. How we disclose information

We disclose information to vendors that help operate the Service, including Supabase for application infrastructure and authentication, Stripe for payments and fraud prevention, Tremendous for gift-card catalog and fulfillment, Resend for email delivery, Amazon Web Services for storage and content delivery, OpenAI for supported AI generation, and PostHog for optional analytics and product diagnostics. These providers process information for the services they provide to us and may have their own legally independent processing activities.

We may disclose information to merchants and fulfillment partners when necessary to issue or redeem a gift, deliver a keepsake, resolve a transaction, or comply with a merchant’s terms. A recipient will receive sender-provided content and may see identifying information the sender chose to include.

We may also disclose information to professional advisers, auditors, insurers, financing or transaction counterparties, and government or legal authorities when reasonably necessary; to enforce agreements or protect rights and safety; or in connection with a merger, financing, reorganization, sale, or transfer of all or part of our business.

We do not sell personal information for money. We also do not share personal information for cross-context behavioral advertising as those terms are defined by California law.

6. Cookies and analytics

We use necessary cookies, local storage, and similar technologies for authentication, security, checkout, preferences, and core functionality. With your consent where required, we use optional analytics technologies to understand use of the Service and identify errors.

See our Cookie Policy for more information and available choices. Declining optional analytics does not prevent you from using the core Service.

7. Retention

We retain personal information for as long as reasonably necessary for the purposes described in this Policy. Retention depends on the type of information, account status, requested features, transaction and delivery status, legal limitation periods, tax and accounting requirements, security needs, and dispute resolution.

We may retain transaction, fraud-prevention, consent, and legal-compliance records after account deletion. Information in backups may remain for a limited period before routine deletion. We may retain aggregated or de-identified information where it no longer identifies an individual.

8. Security

We use reasonable administrative, technical, and organizational safeguards designed to protect personal information. No transmission or storage system is completely secure, and we cannot guarantee absolute security. You are responsible for protecting your account credentials and notifying us if you suspect unauthorized access.

9. International transfers

Emotely is based in the United States, and we and our providers may process information in the United States and other countries where privacy laws may differ from those where you live.

Where required, we use recognized safeguards for international transfers, such as contractual protections, adequacy decisions, or other lawful transfer mechanisms.

10. Your privacy choices and rights

Depending on where you live, you may have rights to access, correct, delete, or obtain a copy of personal information; restrict or object to certain processing; withdraw consent; or appeal our response. You may also be entitled to complain to your local data-protection authority.

You may update certain account information through the Service. To exercise another right, request account deletion, or ask about information received from a sender, contact hello@sendemotely.com. We may need to verify your identity and authority before completing a request. Applicable law may permit or require us to retain certain information or deny part of a request.

We will not discriminate against you for exercising an applicable privacy right. An authorized agent may submit a request where permitted by law, subject to verification of the agent’s authority and your identity.

11. Children and age restrictions

The Service is not directed to children under 13, and we do not knowingly collect personal information directly from children under 13. You must be at least 18 years old, or the age of majority where you live, to create an account or make a purchase.

A recipient may view an Emote without creating an account. Features that require an account, claiming Flex credit, or making a purchase are limited to adults. If you believe a child has provided personal information to us, contact us so we can review and take appropriate action.

12. Third-party services and links

The Service may link to merchants or other third-party services. Their privacy practices are governed by their own policies, and this Policy does not cover information you provide directly to them.

13. Changes to this Policy

We may update this Policy as Emotely evolves or legal requirements change. We will post the revised Policy with a new effective date and provide additional notice when required by law.

14. Contact

Contact Emotely Labs, Inc. at hello@sendemotely.com or by mail at 100 Placeholder Way, Suite 100, Wilmington, Delaware 19801, United States. This mailing address is a temporary placeholder and will be replaced before publication.