GYGGS INC. | EFFECTIVE DATE: March [•], 2019
These third parties may use tracking technologies to collect information about you when you use the Service. 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, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
2.1 We may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of the Service including your Internet Protocol (IP) address, geographical location, browser type and version, devise characteristics, operating system, language preferences, referral source, and information on action taken on the Site, such as; length of visit, page views and website navigation paths;
(b) information that you provide to us when registering with the Service including your email address;
(c) information that you provide or that is collected by and from Facebook, Twitter, Instagram or other social-media properties, whether existing now or in the future, when completing your profile on the Service including your name, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details, employment details and other personal data or information;
(d) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters or text message alerts, or participate in one of our online forums or communities including your name, postal address, email address, telephone and/or mobile numbers;
(e) information that you provide to us when using the Service, or that is generated in the course of the use of those services including the timing, frequency and pattern of service use;
(f) information relating to any purchases you make of our goods and/or services or any other transactions that you enter into through the Service including your name, address, telephone number, email address, fax number, and credit card details;
(g) content that you submit to the Service or via links to social media networks, forums, blogs, message boards, chat rooms or similar functionality, including audio recordings, software code, videos, photos, images, text, information (including, without limitation, personal information), user comments, and any other content (collectively, “User Content”)
(h) information contained in or relating to any communication with us or our third-party service providers for customer support or other communications, including, without limitation, records and copies of correspondence and responses to surveys for research purposes;
(j) Information from and about the devices you use to access the Services, including attributes such as the operating system, hardware version, device settings, file and software names, types, battery and signal strength, device identifiers, device locations, specific geographic locations (such as GPS, Bluetooth, WiFi signals), connection information such as the name of your mobile operator or ISP, browser type, language, time zone, mobile phone number and IP address.
(l) When you access or use the Service, or any portion thereof, we may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We only collect Location Information with your permission (e.g., such as when you agree to provide it to us after you initially access or use the Service). We may use Location Information to provide you with content and services that are relevant to a particular location, such as advertising, search results, and directions;
(m) The Service may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information; and
(n) any other personal information that you choose to send to us.
(b) “Web Beacons,” also known as Internet tags, pixel tags, single-pixel GIFS or clear GIFs, link web pages to web servers and their cookies. Web Beacons can be embedded in web pages, videos, or emails, to collect certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the content, the IP address of your computer, and the Uniform Resource Locator (URL ) of the web page from which the content was viewed. We may use this information to reduce or eliminate messages sent to a user.
(c) “Web Server Logs,” including browser types, Internet service providers (ISPs), referring/exit pages, platform types, date/time stamps, number of clicks, and IP addresses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet, which web servers use to identify where to send the information your computer requests. We may use IP addresses for a number of purposes, such as system administration, to report aggregate information to our business partners, or to audit the use of our Services.
(d) “Local Shared Objects,” sometimes known as Flash cookies, may be used to store your preferences or display content based upon what you have viewed on various websites to personalize your visit.
(e) “Ad IDs” and Other In-App Tracking Methods. There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers, or other identifiers such as “Ad IDs” to associate app user activity to a particular app.
3.2 We may use your personal information to:
(a) To provide, operate, maintain, improve, and promote the Service, and any other information, products or services that you request from us;
(b) To enable you to access and use the Service, including uploading, downloading, collaborating and sharing content, photos, images, videos and information, with other users or third parties;
(c) To process, verify, and complete transactions, and send you related information, including purchase confirmations and invoices, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing, collection and enforcement, and to build a user database;
(d) To send transactional messages, including responding to your comments, questions, and requests; providing customer service and support; sending you technical notices, updates, security alerts, and support and administrative messages sending statements, invoices and payment reminders to you, and collecting payments from you; and, when we have location information, we use it to tailor our Service for you and others.
(e) To send promotional communications, such as providing you with information about services, features, newsletters, offers, promotions, contests, events and sending updates;
(f) To monitor and analyze trends, usage, and activities in connection with the Service and for marketing, advertising, administrative, analytical, research, optimization, and other purposes. For example, we may use statistical analyses of usage data in order to measure interest in the various areas of the Service, for development purposes and to inform advertisers and partners in aggregate and anonymous terms about consumers who click on their advertising or other messages. IP addresses are also used for systems administration and troubleshooting purposes.
(h) To investigate and prevent fraudulent transactions, unauthorized access to the Service, and other illegal activities;
(i) To personalize the Service’s content, features or advertisements;
(j) To deal with inquires and complaints made by or about you relating to the Service;
(k) To verify compliance with the terms and conditions governing the use of the Service; and
(l) To comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.
4.2. Authorized Personnel. Our employees, agents, consultants, contractors, or other authorized personnel, including those of our contractors, service providers, subsidiaries and affiliates, may have access to user information as necessary in the normal course of our business.
4.3. Business Transfers. In some cases, we may choose to buy or sell assets, or have engaged in discussions with 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 our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Service users is among the assets transferred. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if the Service, the Company, or substantially all of its assets, were acquired, liquidated, or dissolved, personal information would be one of the assets that is transferred.
4.4. Government, Law Enforcement or Third Parties. We may disclose any information, including, without limitation, Personal Information that we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request. We also may exchange information, including, without limitation, Personal Information, with other companies and organizations to protect the rights, property, or safety of the Company and its affiliates, personnel, users, third parties, or others. We reserve the right to disclose a user’s Personal Information if we believe, in good faith, that the user is in violation of the Terms of Service, even without a subpoena, warrant or other court order.
5.1 We will provide you with an opportunity to exercise certain controls and choices regarding our collection, use and sharing of your information through Opt-out options.
5.2 In accordance with local law, your controls and choices may include:
5.3 Opt-out. We have created the following mechanisms to provide you with control over certain uses and disclosures of your information:
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 (the “NAI”) by visiting http://www.networkadvertising.org/index.asp.
5.4 Accessing and Correcting Your Information
If you have an account, you can help ensure that your contact information and preferences are accurate, complete, and up to date by logging into your account or by emailing us at email@example.com. For other personal information we hold, we will provide you with access for any purpose including requesting that we correct the data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate business purposes. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to his/her personal information records. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.
6.1 California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. To make any such requests, please email us at firstname.lastname@example.org or contact us at the address below.
6.2 California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how we respond to “Do Not Track” browser settings. We do not currently take action to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.
7.1 The Service is not intended for children or directed at any individual under 18 years of age. We do not knowingly collect or knowingly solicit any information from anyone under the age of 18 or knowingly allow people under the age of 18 to register for the Service. In the event that we learn that we have collected personal information, as defined by the Children’s Online Privacy Protection Act ("COPPA"), of a child under age 18 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
8.1 This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
8.2 Personal information that we process for any purpose or purposes may be maintained.
8.3 Notwithstanding the other provisions of this Section, we will retain documents (including electronic documents) containing personal data:
(a) to the extent that we are required to do so by law;
(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
9.1 We will take reasonable administrative, technical, organizational and physical precautions to safeguard against the loss, misuse or alteration of your personal information. These safeguards vary based on the sensitivity of the information that we collect and store. For example, when processing sensitive personal data (such as data about ethnic or racial origin, political opinions/union membership, data concerning health, sex life or sexual orientation, genetic data, or biometric data) or data that reveals sensitive personal data, especially when using data profiling extra safeguards will be added.
9.2 We will store all the personal information you provide on our secure password- and firewall-protected servers.
9.3 We will notify consumers and regulatory authorities in case of breach without undue delay.
9.5 You acknowledge that the safety and security of your information also depends on you. You are responsible for keeping the password you use for accessing the Service confidential; we will not ask you for your password (except when you log in to our Service).
10.1 The Service is controlled and operated by us from the United States. If you are not a resident of the United States or you are located outside the United States and choose to use the Service or provide information to us, please note that we will transfer the information, including personal information, to the United States and process it there.
10.2 We do not represent or warrant that the Service, or any portion thereof, are appropriate or available for use in any particular jurisdiction. Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America.
10.3 Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, and are subject to United States export controls in connection with your use of the Service and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports.
10.4 We may limit the availability of the Service, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
10.5 Personal information that you publish on the Service or submit for publication on our Website may be available, via the Internet, around the world. We cannot prevent the use or misuse of such information by others.
10.6 You expressly agree to the transfers of personal information described in this Section.
If you are a user in the European Union, you should know that we are the controller of your personal information. Here is some additional information we would like to bring to your attention:
11.1 Bases for using your information: Your country only allows us to use your personal information when certain conditions apply. These conditions are called “legal bases” and we typically rely on one of four:
12.2 Your rights in regards to your personal information.
(a) You have the right to object to our use of your information. If you don’t agree with us processing certain types of your personal information, you can contact us to make such request.
(b) You have the right to in some circumstances, including if the accuracy of the personal data is contested by the data subject for a certain period of time, to request a restriction on processing means in which we will be entitled to continue to store that data, but cannot process it any further.
(c) You have a right, in some circumstances, to receive your personal data that you provide to us in a structure commonly used and in a machine-readable format.
11.3 We may collect your personal information from, transfer it to, and store and process it in the United States and other countries outside of where you live. Whenever we share information of EU users outside the EU we make sure an adequate transfer mechanism is in place, including data processing agreements based on the EU/EEA Standard Contractual Clauses.
11.4 When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of your data that we cannot resolve with you directly.
11.5 By using our Services, you consent to us transferring information about you to these countries.