Last Updated: March 30, 2020
This Policy does not apply to third parties that we do not own or control, or to individuals that GemCrowd does not employ or manage.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to GEMCROWD.COM, INC., 650 South Hill Street, Suite 917, Los Angeles, CA 90014.
For the purpose of the GDPR, the Company is the Data Controller.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
For the purpose of the GDPR, Service Providers are considered Data Processors.
Personal Data is any information that relates to an identified or identifiable individual.
For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Information You Give Us. This includes:
Information from Social Networking Websites.
Our website includes interfaces that allow you to connect with social networking sites (each a “SNS”). If you connect to a SNS through our website, you authorize us to access, use and store the information that you agreed the SNS could provide to us based on your settings on that SNS. We will access, use and store that information in accordance with this Policy. You can revoke our access to the information you provide in this way at any time by amending the appropriate settings from within your account settings on the applicable SNS.
Information Automatically Collected.
We automatically log information about you and your computer or mobile device when you access our website. For example, when visiting our website, we log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our website, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our website. We collect this information about you using cookies.
Automated Decision Making and Profiling.
We do not use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfill obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
We may use your personal data as follows:
We may process Personal Data under the following conditions:
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
The Company is the Data Controller of Your Personal Data collected while using the Service. As operator of the Facebook Fan Page (https://www.facebook.com/GemCrowd/), the Company and the operator of the social network Facebook are Joint Controllers.
The Company has entered into agreements with Facebook that define the terms for use of the Facebook Fan Page, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php
We use the Facebook Insights function in connection with the operation of the Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical data about Our users.
For this purpose, Facebook places a Cookie on the device of the user visiting Our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.
Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.
The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer’s rights, including by:
In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email or call us or visit our “Do Not Sell My Personal Information” section or web page.
The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.
We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by the CCPA law.
If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
You must be 18 years old to use of Platforms. Our Platforms are not intended for children and therefore do not knowingly collect Information from children under the age of 13 years. If we become aware that a child under 13 years of age has provided us with Information, we shall take immediate steps to delete such Information.
If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13.
If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
We may share, sell, rent, or trade your Information to the following third parties and for the following purposes:
We may share your personal data as follows:
Our website may contain links to third party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them.
You may share personal data with us when you submit user generated content to our website, including via our rewards program, forums, message boards and blogs on our website. Please note that any information you post or disclose on our website will become public information, and will be available to other users of our website and to the general public. We urge you to be very careful when deciding to disclose your personal data, or any other information, on our website. Such personal data and other information will not be private or confidential once it is published on our website.
If you provide feedback to us, we may use and disclose such feedback on our website, provided we do not associate such feedback with your personal data. If you have provided your consent to do so, we may post your first and last name along with your feedback on our website. We will collect any information contained in such feedback and will treat the personal data in it in accordance with this Policy.
By agreeing to this Policy, you give us consent to contact you at the mailing address, telephone (cellular or landline) number, text/SMS number, email address, or fax number that you provide during the sign-up process or that you provide to use thereafter. Any such communications may be transactional, informational, or promotional in nature.
None of the aforementioned communications are a condition for using our Platforms (unless confirmation or deliver is required). If you wish to stop receiving any communications from us, please contact us at [email protected] and let us know the type of communication you wish to stop receiving and the appropriate telephone number, email address, or other contact method to designate as restricted.
We and our designated third parties (including advertisers) may use several tracking tools, such as cookies, to collect usage and demographic data about you over time through our Platforms. Your browser may store cookies or other information on your computer in a small file.
We and our designated third parties (including advertisers) may also use software technology such as GIFs (e.g., web beacons or web bugs). These are placed in the code of a webpage or an email newsletter. When you access a partner site within our Platform, we may track your activity on that site.
We may use technologies to help determine your physical location, such IP address mapping, Wi-Fi, GPS signals, cell tower positioning, and other technologies to improve and personalize your experience.
We do not control third party tracking technologies or how they may be used. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
WHAT ARE COOKIES?
We may collect information using “cookies.” Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our website.
We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our website; and (2) third party cookies, which are served by service providers on our website, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.
COOKIES WE USE
Our Platforms use the following types of cookies for the purposes set out below:
|Type of cookie||Purpose|
|Essential Cookies||These cookies are essential to provide you with services available through our website and to enable you to use some of its features. For example, they allow you to log in to secure areas of our website and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.|
|Functionality Cookies||These cookies allow our website to remember choices you make when you use our website, such as remembering your language preferences, remembering your login details and remembering the changes you make to other parts of our website which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our website.|
|Analytics and Performance Cookies||These cookies are used to collect information about traffic to our website and how users use our website. The information gathered does not identify any individual visitor. It includes the number of visitors to our website, the websites that referred them to our website, the pages they visited on our website, what time of day they visited our website, whether they have visited our website before, and other similar information. We use this information to help operate our website more efficiently, to gather broad demographic information and to monitor the level of activity on our website.We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our website works. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookiesYou can find out more about how Google protects your data here: https://policies.google.com/privacy.You can prevent the use of Google Analytics relating to your use of our website by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB|
|Targeted and advertising cookies||These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third party advertisers can place cookies to enable them to show adverts which we think will be relevant to your interests while you are on third party websites.You can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to remove targeted or advertising cookies, you will still see adverts but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed.|
|Social Media Cookies||These cookies are used when you share information using a social media sharing button or “like” button on our website or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that you have done this.|
You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.
If you do not accept our cookies, you may experience some inconvenience in your use of our website. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our website.
We may use other companies to serve third-party advertisements when you visit and use the website. These companies may collect and use click stream information, browser type, time and date, subject of advertisements clicked or scrolled over during your visits to the website and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use tracking technologies to collect this information. Other companies’ use of their tracking technologies is subject to their own privacy policies.
While some web browsers may have a “Do Not Track” feature, we do not alter our behavior or change our services based upon receiving a “Do Not Track” request. Such a feature is the responsibility of the browser.
The security of the Information is important to us, which is why we take measures to reasonably protect it. We limit access to Information we received to those third parties who we believe have a legitimate business or legal purpose to access such information. We maintain physical, electronic, and procedural safeguards to keep Information safe. We also require companies and individuals working with and for us to protect such Information, and that they agree to use it only for limited and designated purposes.
Please be aware that transmission of information over the internet is not completely secure, no security measures are perfect or impenetrable. We cannot guarantee the security of your Information and are not responsible for circumvention of any privacy settings or security measures contained on the Platforms. Additionally, we cannot control the actions of other users of the Platforms with whom you may choose to share your Information. Any transmission of Information is at your own risk.
We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us.
If we are involved in a merger, acquisition, or sale of all or a portion of our assets, we shall notify you with a prominent notice on our website of any change in ownership or uses of your Information, as well as any choices you may have regarding your Information.
Information we collect may be transferred, stored, or processed in any country in which we or our corporate family, third party service providers, or agents maintain facilities. By using our services, you consent to any such transfer, storage, and processing of information.
Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us outside the country in which you reside, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By accepting this Policy, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
We will retain your Information as long as we have a legitimate business purpose to do so. If you have any questions about your account with us or want us to no longer use your Information, contact us at [email protected] We will make commercially reasonable efforts to honor your request, to the extent that it does not interfere with our use of your Information to comply with our legal and business obligations, resolve disputes, and enforce any agreements.
We will only retain your personal data as long reasonably required for you to use our Platforms until you close your account/cancel your subscription unless a longer retention period is required or permitted by law (for example for regulatory purposes).
To opt out of tracking tools and online behavioral advertising, click here. This means that we will no longer use Information collected from your online activity collected by us to improve our ability to advertise towards you. To be clear, this does not mean that you will no longer receive any advertising from us or third parties; rather it means that any advertisements from us will not be based on your particular interests. Additionally, we may still collect Information for other purposes consistent with this Policy.
If you wish to exercise any of these rights, please contact us. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
California Civil Code § 1978.83 permits users of our Platforms, who are California residents, to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us through the information listed on our website. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
If you are in the European Union, you can choose to lodge a complaint with your local Data Protection Authority (DPA). The list of DPAs is at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
We reserve the right to modify this Policy at any time and without prior notice. If we decide to change our Policy, we will conspicuously post a link to the updated Policy in places on our Website that we deem appropriate so that you are aware of what Information we collect, how we use it, and under what circumstances, if any, we disclose it. By continuing to use our Platforms, you consent to any such changes.