Last updated August 2023

We at myGemma.com (“myGemma”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of myGemma in connection with our online services, which are made available to you through a variety of platforms, including, but not limited to, http://www.myGemma.com (the “Website”) and our app, which is accessible through tablets, cell phones, personal digital assistants, connected televisions, and other devices (the “App”). The Website and the App are collectively referred to as the “Platform.”

By using our Platform, you are agreeing to the terms of this Privacy Policy and the accompanying Terms & Conditions. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms & Conditions.

The Information We Collect

The Information Collected by or Through Third-Party Advertising Companies

We may share Other Information about your activity on the Platform with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Platform and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser's cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.

We do not sell your data, only share with third parties for analytical reasons to improve what we provide to you on this platform.

Accessing and Modifying Personal Information and Communication Preferences

If you have provided us Personal Information, you may access, review, and make changes to your Personal Information and certain Other Information by following the instructions found on the applicable Platform or by contacting us. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any myGemma marketing email. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to your Transactions with us.

How We Use and Share the Information

We do not sell your data.

We use the Personal Information, the Billing information, the Geo-locational Information, the Other Information, and the Transaction Information (collectively, the “Information”) to process your Transactions, provide and improve the Platform and our services, solicit your feedback, inform you about our products and services and those of our third-party marketing partners, and administer our rewards and promotional programs. Also, we may share Information as described below.

• In order to administer our rewards and promotional programs, we may share your Personal Information, Other Information, and certain Transaction Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
• In an ongoing effort to better understand our users, Platform, and services, we might analyze the Other Information, the Transaction Information, and the Geo-locational Information in aggregate form in order to operate, maintain, manage, and improve our services and/or Platform. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products, Platform, and services to current and prospective business partners and to other third parties for other lawful purposes.
• We may from time to time share Personal Information and/or Other Information with other companies who may provide you information about the products and services they offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.
• We may employ other companies and individuals to perform functions on our behalf. Examples may include providing marketing assistance, information technology support, and customer service. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
• With your permission, third-party applications or services may access your Personal Information. We use standard OAuth (open authorization) to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and LinkedIn. We also use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.
• We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
• As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
• To the extent permitted by law, we may also disclose the Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing the such information is necessary or advisable, for example, to protect the rights, property, or safety of myGemma or others.

How We Protect Your Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Important Notice to Non-U.S. Residents

It is important to note that the Platform and its servers are operated in the United States. If you are located outside of the United States, please be aware that any Personal Information you provide to us will be transferred to the United States. By using the Platform and by providing us Personal Information, you hereby consent to this transfer and our use of the information and data provided by you in accordance with this Privacy Policy.

Children

We do not knowingly collect Personal Information from children under the age of 13 through the Platform. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Platform without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

California Residents

Under California Civil Code Section 1798.83, California residents who have an established business relationship with myGemma may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to contact@mygemma.com or write to us at:

myGemma.com
535 5th Avenue
11th Floor
New York, NY 10017

External Websites

The Platform may contain links to third-party websites. myGemma has no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Changes to This Privacy Policy

This Privacy Policy was updated as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. By accessing the Platform and/or using our services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the information. Please refer back to this Privacy Policy on a regular basis.