Privacy Policy

Last Updated on October 25, 2024

This Privacy Policy (the “Policy”) governs any and all data collection and usage by Company when You use Our Services and is designed to  help inform you about the information Company may collect, who We might share it with and how we protect it. By using the Service, You acknowledge and agree to the collection and use of information in accordance with this Policy.

Interpretation and Definitions

All capitalized terms used herein and defined below shall have the meaning ascribed to them in the Policy.  The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

  1. Definitions. For the purposes of this Policy:
    1. Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
    2. Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Gembah, Inc., a product innovation company, with offices located at 201 W 5th St 16th Floor, Austin, TX 78701.
    3. Cookies  means small files which are stored on Your web browser that hold a modest amount of data (including personally identifiable information), specific to You, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
    4. Services means those online services provided to You by Company, including use of Our Website.
    5. Personal Data is any information that relates to an identified or identifiable natural person.
    6. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
    7. 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.

Collecting and Using Your Personal Data

  1. Types of Data Collected
    1. While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally, identifiable information may include, but is not limited to: e-mail address; phone number; Your name or user name; contact information; demographic information; usage data; billing and payment data; and certain other data from You.
    2. When You access the Service, We may collect certain information automatically, including, but not limited to, the type of device You use, Your devices unique ID, the Internet Protocol (IP) address, Your operating system, the type of Internet browser You use, unique device identifiers and other diagnostic data.
    3. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
  2. Tracking Technologies and Cookies
    1. We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.
    2. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
    3. Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

Use of Your Personal Data

  1. The Company may use Personal Data: to provide and maintain Our Service; to manage Your account; for the performance of a contract; to contact You; to send You SMS messages regarding our services, promotions, and updates, provided You have given consent; and to provide You with news, special offers and general information about other goods, services and events which We offer similar to those that You have already purchased or enquired about unless You have opted not to receive such information.
  2. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
  3. We may share your personal information in the following situations: with Service Providers; for Business transfers; with Affiliates; with Business partners; and with other users.
  4. Consent to Receive SMS Messages. By providing Your phone number, You consent to receive SMS messages from the Company about our products, services, promotions, and updates. Message frequency may vary. Standard message and data rates may apply.
  5. Opt-Out Procedures. You may opt out of receiving SMS messages at any time by replying “STOP” to any message You receive from Us or by contacting Us at privacy@gembah.com. After opting out, You will no longer receive SMS messages unless You re-subscribe.
  6. Data Security for SMS Communications. We take reasonable measures to protect Your personal information, including Your phone number, from unauthorized access or disclosure. However, no method of transmission over the Internet or electronic storage is 100% secure.
  7. Retention of Your Personal Data
    1. The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Policy, including to the extent necessary to comply with all applicable law, resolve disputes, defend against legal claims against Us, and enforce our legal agreements and policies.
    2. The Company will also retain Usage Data for internal analysis purposes and to satisfy applicable legal requirements.
  8. Transfer of Your Personal Data
    1. Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located, including on computers located outside of Your state, province, country or other governmental jurisdiction where the applicable data protection laws may differ than those from Your jurisdiction.
    2. YOUR CONSENT TO THIS POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.
    3. The Company will take those steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Policy.
  9. Disclosure of Your Personal Data
    1. Business Transactions.  If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred as part of that transaction. We will provide notice before Your Personal Data is transferred and becomes subject to a different Policy.
    2. Law enforcement.  Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency). We will not share Your phone number with third parties except as required by law.
    3. Other legal requirements. The Company may disclose Your Personal Data in the good faith belief that such action is necessary to: comply with a legal obligation; protect and defend the rights or property of the Company; prevent or investigate possible wrongdoing in connection with the Service; protect the personal safety of Users of the Service or the public; and Protect against legal liability
  10. Security of Your Personal Data. The security of Your Personal Data is important to Us but no method of transmission over the Internet, or method of electronic storage is 100% secure. We cannot guarantee its absolute security and by providing us with your Personal Data, you are waiving any claims of any kind or character against Us arising from or otherwise subject to this Policy.
  11. Compliance with Laws. We comply with all applicable laws and regulations related to SMS communications, including the Telephone Consumer Protection Act (TCPA).

Children’s Privacy

  1. 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 You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We will comply with the Children’s Online Privacy Protection Act, as the same may be amended from time-to-time.
  2. 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.
  3. 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.

Your Rights with Your Data

  1. Depending on Your country of residence, You may have legal rights in Your data maintained by Us.  These rights are subject to exceptions and limitations pursuant to applicable law, which may include Your right to: access Your data; correct Your data; erase Your data; and withdraw Your consent previously given to process Your data.
  2. These rights vary by location and You may be able to exercise some of these rights by adjusting settings and “opting out” or “unsubscribing.”

Links to Other Websites

  1. Our Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Policy of every site You visit.
  2. WE HAVE NO CONTROL OVER AND ASSUME NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES OR PRACTICES OF ANY THIRD-PARTY SITES OR SERVICES.

Changes to this Policy

  1. We reserve the right to update our Policy from time-to-time. We will notify You of any changes by posting the updated Policy on https://gembah.com/privacy-policy/.
  2. You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Policy, You may contact us:

By email: privacy@gembah.com

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