REVISION DATE: OCTOBER 17th, 2017
FOR MORE INFORMATION OR IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY, PLEASE CONTACT US AT
SUPPORT@YOURGATSBY.COM
1. PERSONAL INFORMATION
Your privacy is very important to all of us at YourGatsby, Inc. a Delaware Corporation (“Company”, “we”, or “us”). We have established this privacy policy (“Privacy Policy”) to explain to you how your personal information is protected, collected, and used. Personal information is information about you that is personally identifiable, such as your name, email address, and other information, that is not otherwise publicly available (“Personal Information”).
The privacy practices of this Privacy Policy apply to our Services (as defined in our Terms of Service) accessible through the Company website (the “Website”), and your use of our Application (as defined below). This policy describes the types of information we may collect from you or that you may provide when you visit the website
www.yourgatsby.com or
www.yourgatsby.party (our “Website”) or download our Application (our “Application”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
• On our Website.
• Through our mobile Application.
• In email, text, chat, and other electronic messages between you and us.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
• us offline or through any other means, including on any other website operated by Company or any third party; or
• any third party, including through any application or content (including advertising) that may link to or be accessible from or on our Application or Website.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or Application. By accessing or using our Website, Application, or using Company Services, you agree to be bound by the terms and conditions of this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of our Website and Application after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates. By submitting Personal Information to us through the Services, you expressly consent to our use and disclosure of your Personal Information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Company Terms of Service, available at
www.yourgatsby.com/termsofservice.
2. INFORMATION COLLECTION & USE
Company collects Personal Information from you through the Services to allow us to provide the Services that will most likely meet your needs and preferences. We only collect Personal Information about you that we consider necessary for achieving this purpose.
Once you agree to provide us with Personal Information, you are no longer anonymous to us. If you choose to use and/or purchase certain Services we may require you to provide contact and identity information, billing information, and other Personal Information as indicated on the forms throughout our Application and/or Website. Where possible, we indicate which fields are required and which are optional. You always have the option not to provide information by choosing not to use or purchase a particular service.
We collect several types of information from and about users of our Website and Application, including information:
• by which you may be personally identified, such as name, postal address, e -mail address, telephone number, age, and uploaded pictures, (”Personal Information”);
• that is about you but individually does not identify you, such as relationship status, personal preferences such as interests, hobbies, short bios, education, work; and/or
• about your internet connection, the equipment you use to access our Website, mobile device, device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals, and mobile operator and usage details.
We collect this information:
• Directly from you when you provide it to us through our Website or Application.
• Automatically as you navigate through the Website, download our Application, or register as a user, including if you register using your Facebook login. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
• From third parties, for example, our business partners.
We may track certain information based upon your behavior on Company. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand our customers. This information may include, but may not be limited to, the websites and apps you visit, the URL that you just came from, which URL you go to next, your computer browser information, and your IP address.
If you send us personal correspondence, such as emails, letters, texts, or if other users or third parties send us correspondence about your activities or postings on Company, we may collect and retain such information in a file specific to you.
The information we collect on or through our Website and Application may include:
• Information that you provide by downloading our Application. This includes information provided at the time of registering to use our Application, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Application.
• Information that you provide when you register using your Facebook login that may include your public Facebook profile (consistent with your privacy settings in Facebook), your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and/or information about and photos of your Facebook friends who might be common Facebook friends with other Company users.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Application and of the fulfillment of your orders. You may be required to provide financial information before making an in- Application purchase.
• Your search queries in our Application.
You also may provide information to be published or displayed (hereinafter, “posted”) on the Application, or transmitted to other users of the Application or third parties (collectively, “User Contributions”). Your User Contributions are posted on the Application and transmitted to others at your own risk. Although we limit non-registered users’ access to certain information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Application with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
3. USE OF YOUR PERSONAL INFORMATION
We use your Personal Information, and other information we obtain from your current and past activities with Company to: present our Website, Application, and their contents to you; resolve disputes; troubleshoot problems; measure consumer interest in our products and services; inform you about online and offline offers, products, services, and updates; customize your experience with the Application; use location information to tailor our Services for you and others; provide shortcuts and suggestions to you; detect and protect us against error, fraud and other criminal activity; to provide you with notices about your account; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; enforce our Terms of Service; and as otherwise described to you at the time of collection. We may compare and review your Personal Information for errors, omissions, and accuracy. You agree that we may use your Personal Information, including your email address, to improve our marketing and promotional efforts, to analyze Company usage, to improve the Services, and to customize Company’s content, layout, and services. These uses improve Company and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe, and customized experience while using Company and/or the Services. We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
4. COMMUNICATIONS FROM COMPANY
We may occasionally send you information on products, services, special deals, and promotions. Out of respect for your privacy, we provide you a way to unsubscribe from each of these communications. If you no longer wish to receive our promotional communications, you may opt-out of receiving them by contacting us at
support@yourgatsby.com. We will also have a chatbot available through our Application which will guide you through all the features of the Application. You will be notified when your Personal Information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party. We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if access to our products is temporarily suspended for maintenance, we might send you an email or text message. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, please do not download our Application or utilize our Services.
5. INFORMATION SHARING AND DISCLOSURE
As a matter of policy, we do not sell, rent, or share any of your Personal Information, including your email address, to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your Personal Information may be disclosed in the normal scope of business to provide our services and products to customers:
• Purpose: We may disclose your Personal Information to fulfill the purpose for which you provide it.
• External Service Providers: There may be separate services offered by third parties that we refer to as external service providers that may be complementary to your use of Company. If you choose to use these separate services or products, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. We do not disclose your Personal Information, including your email address, to external service providers unless you provide your explicit consent. With your consent we may provide some of your Personal Information to the external service provider offering such services, for your convenience. To prevent our disclosure of your Personal Information to an external service provider, you can decline such consent or simply not use their services or products. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
• Internal Service Providers: We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you and therefore we may provide some of your Personal Information, including your email address, directly to these internal service providers. These internal service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced Company related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. If you provide additional information to an internal service provider directly, then their use of your Personal Information is governed by their applicable privacy policy.
• Buyers or Successors: To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by yourgatsby.com about our Website and/or Application users is among the assets transferred.
• Legal Requests: Company cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other righ ts, to help protect you, other users, and Company from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, username history, and fraud complaints without a subpoena. Without limiting the above, in an effort to respect your privacy, we will not otherwise disclose your Personal Information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss, or report suspected illegal activity.
• Other Disclosures: We may also disclose your Personal Information:
(1) to enforce or apply our terms of use and other agreements, including for billing and collection purposes; or
(2) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of yourgatsby.com, our customers, or others.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose Personal Information, including your email address, to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your Personal Information that they collect from Company. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should neither rely upon nor expect, that your Personal Information or private communications will always remain private.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by logging into the Application and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to
support@yourgatsby.com.
• Promotional Offers from the Company. If you do not wish to have your email address and/or contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to
support@yourgatsby.com.
• We do not control third parties’ collection or use of your information to serve interest- based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
You may also send us an email at
support@yourgatsby.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the Application, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Application, including User Contributions, is governed by our Terms of Service. Your California Privacy Rights California Civil Code Section § 1798.83 permits users of our Website that 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
support@yourgatsby.com or write us at:
YourGatsby Inc.
1675 S. State Street, Suite B
City of Dover, Delaware 19901, County of Kent
United States of America
6. COOKIES AND RELATED TECHNOLOGIES
Some content or applications, including advertisements, on the Application are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use our website and/or Application. 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. We may use third parties such as network advertisers to serve advertisements on our Website and on third-party websites or other media (e.g., social networking platforms) that enable us and third parties to target advertisements to you for products and services in which you might be interested. Third -party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal information, about you. Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest- based advertising and your choices regarding having information used by DAA companies. You may al so go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members. Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website, Application, or on other websites or applications. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at
www.aboutads.info or the NAI’s website at
www.networkadvertising.org.
7. MANAGE YOUR SECURITY SETTINGS
You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain third party advertising companies online at
http://www.networkadvertising.org/choices/. You may manage how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings. If you wish to opt out of receiving offers directly from Company service providers, you can follow the opt-out instructions in the emails that they send you.
8. OTHER PRIVACY RELATED TO MOBILE APPLICATIONS
The Application does collect precise information about the location of your device. In order to allow the Application to collect real-time location information you must select to permit location functionality when prompted by the application and also enable the GPS services on your mobile device. We use your location information to provide requested location services such as information about events or parties in your area, or advertising or offers from local businesses and their locations. You can stop all collection of information by the Application by uninstalling the Application from your mobile device. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also withdraw your consent to receive “push” notifications and/or to the collection of your physical location information at any time by disabling or changing the related functionality or setting as provided in your mobile device
9. LINKS TO OTHER COMPANY PLATFORMS
Company may contain links that are not owned or controlled by Company. Please be aware that we are not responsible for the privacy practices of such third parties. We encourage you to read the privacy statements of each and every third-party platform that collects personally identifiable information. This Privacy Policy applies only to information collected by Company.
10. SECURITY
We follow generally accepted industry standards to protect Personal Information, including your email address, submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or Application. The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
11. NOTICE TO RESIDENTS OF COUNTRIES OUTSIDE THE UNITED STATES OF AMERICA
Company is headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of Personal Information according to this Privacy Policy, regardless of where it is processed or stored
12. CHANGES IN THIS PRIVACY STATEMENT
If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and other places 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. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.
13. CHILDREN UNDER THE AGE OF 18
Our Services are not directed to minors and we do not knowingly collect Personal Information from minors. No one under age 18 may provide any information to or on the Website or Application. If you are under 18, do not use or provide any information on our Websites or Application, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at
support@yourgatsby.com.