gem4me

GEM4ME Privacy Policy

(Last Updated: March 2020)

This Privacy Policy (“Policy”) applies to users of the GEM4ME platform (“Platform”) operated by GEM4ME CUSTODIAN SERVICES LTD ("us", "we", or "our") on data exchange–related matters.

You accept the Policy upon registration with the Platform. Without accepting it in full, users cannot use the Platform. By accepting it you confirm that you give your informed, unambiguous, and specific consent freely for processing of your data as defined hereof, including your personal data.

This Policy is based on the principles set forth in the Regulation (EU) 2016/679 dd. April 27, 2016 (General Data Protection Regulation) coming into force as of May 25, 2018 (“GDPR”).

In this Policy:

“you” or “user” refer to users of the Platform
“data” refers to data you provide while registration and use of the Platform with us and other users

Data or combination thereof can constitute your personal data if it can identify you as a person.

“processing” refers to the actions we take with your data, including collection and storage among other actions which refer to processing under applicable law.

Who are we?

In respect for your personal data, we are a data controller. As a data controller, we determine the purposes and means of processing personal data. We shoulder the responsibility for it under applicable law.

As a data controller, we are ready to:

give you information on data we store about you
respond to your questions related to the Policy

among other actions set forth in this Policy.

via privacy@gem4me.com.

What data do we process?

We collect the data about you ourselves or through third parties when:

You register with the Platform, namely phone number and geo position. Such data is necessary to use the Platform. You provide other data to us voluntarily and at your discretion only.
You synchronize your phone book, including phone numbers and names, with the Platform. You provide such data voluntarily and at your discretion only.

If you permit the Platform to synchronize with your phonebook you can see who also uses the Platform.

You use the Platform.

We process the data on your activity via the Platform, which covers:

your connection status
whether you've received and read messages
data on calls you've made or received and if you are currently on a call
content you've accessed and accounts you've interacted with
websites you've linked to via the Platform
services you use via the Platform
from which device you've accessed the Platform

We process data on the device through which you access to the Platform, e.g., device ID, operating system, your browser, browser or operating system language, wireless network, and your mobile carrier, IP address.

You address your queries to the Platform's customer service. In your queries, you can share data, including your messages and other users’ data.
Third parties provide information about you.

We process the following data:

Data about you that other users provide to us after registration through synchronization of phone book, etc.
Data related to you from service providers, such data cover payment information on transactions you've made, for example, non-activated functionality of the Platform or data on technical errors related to your use of the Platform
You provide data otherwise.

We collect other data from you that is not specifically listed above.

We need the data so that you are able to use the Platform. Without the data, the use of the Platform or its certain function can be limited or impossible.

Ordinarily, we do not keep your messages, calls, or content shared via the Platform. Such data is automatically deleted after their delivery. If the data is not delivered within up to 2 weeks, it is also deleted automatically.

You keep this data on the device though which you use the Platform. The only information we keep about the messages is status and time of delivery.

We do not collect sensitive data on your ethnicity, origin, biometric data, health data, political, religious or philosophical beliefs, union memberships, genetics, health, or sex life, among other sensitive personal data.

If you disclose your personal or sensitive data to public through the Platform voluntarily and at your own discretion, you become solely responsible for the outcome of such disclosure.

Billing information

We do not collect or otherwise process your billing information, e.g., credit card, name, address, expiration date, and security code. You send such data to a responsible third-party service provider through the Platform interface.

We only process information about your transactions to provide you with functionality of the Platform that activates when we receive payment confirmation from the payment provider.

Cookies

Cookies are text files placed on your computer. Cookies are sent to your browser from a website and stored on your device.

By registering with the Platform, you consent for us to collect data on your use of the Platform through cookies.

We use cookies to enhance your experience in using the Platform, e.g., by remembering your login status and viewing preferences from earlier use of the Platform for later use.

The cookies we use cover:

Session Cookies , which remember your activity on the Platform during the session
Preference Cookies , which remember your preferences in the Platform and various settings
Security Cookies , which we use for security purposes

You can adjust your browser settings to prevent receiving cookies or to provide notification whenever a cookie is sent to you.

Doing this can limit certain functionalities of the Platform.

You can also adjust your cookies preferences for Google remarketing services through https://www.google.com/settings/ads/onweb/optout.

Why do we use your data?

The data we collect from you allows you use the Platform and helps our mission in creating best experiences for you in using the Platform.

We use your data to:

make the Platform available for you, including, to:
- register you with the Platform, create your account, and manage your registered account
- communicate with you and respond to your queries
- give you information about your account and respond to your requests on personal data
- notify you about your contacts who already use the Platform
improve the Platform, including, to:
- better understand users’ behavior and trends
- detect potential outages and technical issues
enhance security and safety of the Platform and your data, including to:
- prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities, and to protect our trademarks
- send the Platform related notifications

We can notify you via your phone number or email, including, to:

restore access to your Platform account
respond to your queries
communicate on the Platform support–related matters

You can disable this at any time via your account settings. In this case you will be unable to use such features.

Remarketing services

Google (Google LLC) provides advertising services based on your interaction with the Platform by using cookies and data related to your use of the Platform. You can opt out the services through https://www.google.com/settings/ads/onweb/optout.

host and run the Platform

Google (Google LLC) hosts the data and provides infrastructure that enables the Platform to run. Google provides services used outside the EU in compliance with the GDPR as a participant of the Privacy Shield Framework: http://cloud.google.com/security/gdpr/.

comply with our obligations set by law

Retention of personal data

We keep your data as long as it is necessary for the relevant purposes of their processing.

We can process your personal data after processing purpose is achieved if:

required by law, e.g., for accounting and tax records
any violation or abuse has occurred to you or to other users at your fault for as long as is necessary to defend rights and legitimate interests
a dispute between us and the user takes place
we were summoned and/or subpoenaed not to erase the data at the state body’s request or a court order

If you delete your Platform, account we will delete your personal data quickly and permanently. Personal data and payment data cannot be deleted if it is necessary to comply with the law.

We will keep certain, non-personal data of yours pertaining to your use of the Platform, including your communication with customer service, for statistical purposes so that we can understand how the Platform is used and can be improved.

For more information about data retention terms in relation to specific personal data, please contact us at privacy@gem4me.com

Who can access to your data?

We do not share your data with third parties unless set forth hereof and by law.

To perform our obligations set hereof and in other Platform-related documents, the following parties can access your data:

We the persons involved in or in charge of the Platform operation and our subsidiaries have access to your data in the scope necessary for providing you with access to the Platform. New owners can access your data if we merge with or are acquired by a business, or are involved in a transaction with a similar financial effect
Service providers that process payment, provide customer support, mailing services, hosting and storage and other services can access your data in connection to the Platform, Internet connection, and other network providers for delivery of the data you share via the Platform
Other users can see your:
- Platform account data, e.g., nickname, profile picture. You can control access to other data through your account settings. Additional data can become available if you use certain functionalities of the Platform
- Data that you share voluntarily, including by sending messages and content
- State bodies who are authorized to access your data by law

If we share your personal data with our subsidiaries and third parties, we guarantee an adequate level of protection, including by entering into standard data protection clauses adopted by the European Commission.

We do not provide your personal data to third parties without your consent.

We share your non-personal data, which cannot be used to identify you, with third parties for statistical purposes, e.g. for third-party providers who provide us data on our targeted audience, our users’ behavior.

What rights do you have in respect to your personal data?

Under the General Data Protection Regulation (GDPR) you can exercise certain rights in respect to your data. You can exercise them by contacting us via privacy@gem4me.com.

Right of access

You can receive:

information whether your personal data has been retained
duplicates of such personal data.

If the request affects the rights and freedoms of other users or is manifestly unfounded or excessive, we can charge a reasonable fee (taking into account the administrative costs of providing the information or communication or taking the action requested) or refuse to act on the request.

Right to rectification

You must provide to us your correct, accurate, and up-to-date personal data. If it is inaccurate or incomplete, you must change such data via the Platform account. Otherwise, we can ban your Platform account.

Right to erasure

You can delete your personal data by withdrawing your consent in respect to the requested scope.

Removal of certain data can result in the impossibility of using the Platform in full or in part.

Right to object

When our processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR ,you can object to this processing. If you object, we will no longer process your personal data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR; in particular, if the data is necessary for the establishment, exercise, or defense of legal claims.

You can always lodge a complaint at a supervisory authority.

Right to restriction of processing of your Personal Data

You can obtain restriction for processing of your personal data under article 18 of the GDPR.

Right to personal data portability

You can receive your personal data in a structured, commonly used, and machine-readable format and transmit it to another controller as set forth in article 20 of the GDPR.

What happens to your data on third-party websites or apps?

The Platform contains links to third-party websites or services. The Policy does not apply to such websites and services, and we are not responsible for their privacy practices.

To learn how your data is processed though such websites and services, please read their privacy policies.

Namely, the Platform provides you with access to Market Space. Processing of your personal data is governed under its own Privacy Policy. You accept it by registering with the Platform.

How do we protect your data?

We use technical and organizational measures to protect your personal and non-personal data against accidental or unlawful destruction, alteration or loss, as well as unauthorized disclosure or access.

We take reasonable measures possible, including application of encryption, and we are required by law to maintain confidentiality and secrecy of your data, to keep it safe, and prevent unauthorized access and maintain data security.

Do we transfer your data abroad?

By registering with the Platform, you consent that your data can be transferred abroad if necessary to provide you with access to the Platform and Platform-related services.

In this case, your data is treated securely and in accordance with this Policy using an adequate level of protection as set forth in GDPR.

Namely, you can access Market Space via the Platform. To allow you to use Market Space we transfer some of your personal data, e.g., registration data, technical data, to Marketspace Solutions OÜ, which operates Market Space.

As we operate internationally and provide access to the Platform, users worldwide have access to your account data, e.g., nickname among other data that you make available to other users, and it can become available to users outside your country.

Who must consent to personal data processing?

The minimum age to create the Platform account is 13. The Platform will not knowingly collect personal data from children under this age.

If certain countries apply a higher age of consent for the collection of personal data, we require parental consent before registration of the Platform account and collection of their personal data.

If you are a parent or guardian and you are aware that your child provided us with personal data, please contact us. If we become aware that we have collected personal data from children without verification of parental consent we take steps to remove that information from the Platform.

How do you inform users about amendments to the Policy?

We can amend or update our Policy. We notify you about such amendments by posting the “Last Modified” date in the document. Your continued use of the Platform confirms your acceptance of new Policy as amended.

To ensure that you agree to our Policy, we recommend that you review it regularly or from time to time.

Contact Us

If you still have questions about our privacy policy, please feel free to send us an email to privacy@gem4me.com or a request to the requisites “contact us” section.

GEM4ME Terms of use

These Terms of use (“Terms”) governs relationships between you (“you” or “user) and GEM4ME CUSTODIAN SERVICES LTD ("us", "we", or "our") regarding your use of GEM4ME platform (“Platform”).

The Terms cover this document, appendices hereto, the Privacy Policy and other documents to which the Terms and the Platform refer to.

You confirm that you read, understand and accept the Terms in full with no reservations and derogations upon registration with the Platform. Without accepting it you cannot use the Platform.

General
1. The Platform lets you reach people you know. Among other things you can send messages, photos, attachments to your friends from your phone book, make voice and video calls to them, subscribe for bots and channels.
  
  After registration you can use and manage settings of the Platform using your account, exploit functionality of the Platform among other services which can be accessed to via the Platform.
  
  Use of the Platform for other purposes constitutes substantial breach of the Terms.
2. After registration you provide us with your contact list from the telephone book on your device so that you can communicate with your friends using the Platform, and access to the content of your device – so that you can exchange it with your friends. Without the telephone book and access to the content your use of the Platform will be limited or impossible.
3. After providing us with the contact list you can see who from the contact list uses the Platform. If a person is not a user you can invite him/her to use the Platform.
4. After registration you can use functionality of the Platform using special app (“App”) and the web-site (“Website”).
  
  In the terms:
  - “App” refers to GEM4ME messenger application which can be downloaded from application market
  - “Website ” refers to the web-version of the Platform which can be accessed upon scanning of the bar-code on web.gem4me.com.
  - Note that the web-version can provide you with limited functionality of the Platform.
Your age

You must be at least 13 year old, competent, legally capable and can enter the Terms under applicable laws.

If you are not of legal age or your capacity is limited under applicable law your legal representative must agree with the Terms on your behalf.

At our request you provide us information at our discretion which confirms compliance with the requirement hereof. Without such information we can deny your registration with the Platform, limit or remove your access to the Platform without possibility to restore it.
Registration
1. To use the Platform you must get through registration process by providing data about you in registration form in the App.
2. To register with the Platform you enter data about you: telephone number, geo-location, user name, nickname among other data required with the form in the App.
  
  At our request you provide us additional data at our discretion to complete registration. Without such data we can deny registration.
3. After submitting the data we verify your number by providing you with the verification code.
4. We notify you when the registration is completed.
5. By registering with the Platform you confirm:
  - You provide accurate data about you when registering with the Platform.
    
    We can request additional data to verify the accuracy.
    
    If you change it you must update such data through your account using the Platform settings.
  - You have sufficient device, software, Internet connection among other technical abilities to use the Platform.
    We do not provide such technical ability and are not liable for your impossibility to use the Platform.
  - You have paid all fees and taxes for services associated with your use of the Platform.
    
    We do not pay and are not responsible for such payments.
  - You do not violate any laws and third party’s rights by submitting the data about you.
  - You execute the Terms personally and do not assign any rights and/or obligations hereof to third parties.
    
    If you do not meet the requirements hereof we can limit or remove your access to the Platform without possibility to restore it and without prior notice.
6. We can charge you for the use of the Platform. In this case you are responsible for all fees and taxes associated with such payment.
7. Upon registration we create your personal account with the Platform.
  
  You can use your account to adjust the Platform setting, notifications, change user name and nickname, see your contacts, shared media, block list among other things within functionality of the Platform.
8. After your registration you become responsible for confidentiality of your account data.
  
  You are responsible for any action made through your account.
  
  If your account is violated please contact us immediately using legal@gem4me.com
Intellectual property
1. Ownership: the Platform, including the code, logo, graphics, design and any other content, is proprietary information and materials protected by law, including intellectual property.
  
  We are the sole and exclusive owner of these information and materials and permit you to use it as set forth herein. You cannot use the Platform otherwise without our permission.
  
  Among others, you cannot reverse engineer, alter, modify, create derivative works from, decompile, or extract code from the Platform or any part thereof.
2. The Platform and supporting services may include certain third party software components and open source software components that are subject to separate licenses, such as detailed at: www.agora.io/3Plicenses.
  By using the Platform you agree to comply with the terms of such licenses and be personally liable in case of their violation. Please read them carefully before using the Platform.
3. License: After your acceptance of the Terms we provide you with a personal right (license) to download the App and install it on your device, access it via the Web-site and use the Platform within its functionality.
  
  We grant you a license which is:
  - Non-exclusive, which means we can grant the same or similar rights to other people
  - Revocable, which means that we can terminate your right unilaterally if you do not comply with the Terms or in other cases set forth herein
  - Non-sublicensable, which means you cannot provide rights in full or in part to the Platform to a third party
  - Non-assignable, which means that it is personal and you cannot transfer your rights hereof to a third party.
    
    Use of the Platform in conflict with our intellectual property rights and license terms constitutes substantial breach of the Terms.
    
    In this case, we can, without a prior notice to you and specifying the reasons for it, limit or remove your access to the Platform at any time and with no possibility to restore it, and, upon our request, you must pay compensation of damages resulted the violation of our intellectual property rights as requested via bank transfer without resorting to litigation within 5 (five) business days after our request.
4. You must have sufficient rights and permissions over the messages and the content you exchange via the Platform.
  
  We do not receive or claim ownership rights over such messages and content.
  
  You grant us the license to use your messages and content to operate the Platform so that you can use it and its functionality in full. Such use covers display your account data, data on delivery of your messages, storage of your messages.
  
  Such license is non-exclusive to us. We can assign and sublicense our rights to our affiliates and partners only to meet the above purpose.
  
  You can revoke the license any time. In this case your use of the Platform can be limited or impossible.
Limitations

The use of the Platform is subject to the following limitations:
- The Platform is intended for the purposes described herein and for your personal use only. You cannot use the Platform for other purposes, including for making business or receipt of commercial benefit otherwise.
- You can use the Platform provided that you respect privacy and data of other users. You cannot collect or use data of other users in a way conflicting with law, including selling it or receiving commercial benefit otherwise.
- You cannot use the Platform for in any way conflicting with law or in any other inappropriate way.
  
  This can cover commission or promotion of crimes or any illegal activity, exchanging with obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive messages, communication of viruses or harmful computer code, exchanging falsehoods, misrepresentations or misleading statements, fishing, bulk messaging, auto-messaging, auto-dialing among similar messages.
- You can create the account using your personal telephone number only unless the Terms set forth otherwise. Registration with the Platform without permission of the telephone number owner, through illegal or automated means is prohibited.
- You can have one only one account with the Platform connected to your telephone number. If you change the number you must update it in the account settings.
- You cannot use the Platform in violation of laws and third party’s rights, including intellectual property rights.
- You cannot break or bypass technical or any other means of protection over the Platform. Getting unauthorized access to the Platform servers or systems, interference with or disruption integrity of the Platform is prohibited.
  
  The list of limitations is not exhaustive. At our discretion, we can consider any other activity inappropriate and apply liability measures to the user.
Third-party services

The Platform can provide you with possibility to access or use otherwise third-party products or services.

In this case the Terms do not apply to your relationships with such third party. Such relationships are governed with the parties’ policies available.

Please read such policies carefully before using third-party products and services.
Termination
1. You can terminate the Terms at any time by uninstalling the App from your device.
  
  In this case termination is possible if you have no debts to for use of the Platform or if you have no claims or suits with your involvement in connection with the use of the Platform.
2. Any violation of the Terms is substantial. If you violate the Terms, we can, without a prior notice to you and specifying the reasons for it, limit or remove your access to the Platform at any time and with no possibility to restore it, and, upon our request, you must pay compensation of damages resulted the violation of the limitations as requested via bank transfer without resorting to litigation within 5 (five) business days after our request.
3. At our discretion we can limit or remove the access to the Platform at any time and with no possibility to restore the account unilaterally without resorting to litigation with a prior notice if possible and specifying the reasons for such termination at any time.
Warranty
1. The Platform is intended solely for the purposes expressly set forth herein.
  
  You agree that the Platform is provided ‘as is’ without any express or implied warranties of any kind, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer virus or other harmful code.
2. We do not guarantee that the Platform:
  - meet your requirements and expectations
  - contains accurate, complete or useful information and materials
  - is reliable, secure and available with no interruptions, error, delays, disruptions, imperfections and defaults
  - information and materials are displayed correctly on your device.
3. If any technical problems arise while using the Platform you can report us about it using supportservice@gem4me.com.
Messages
1. Automatic messages: Upon filling up the registration form in the App you agree to receive text messages and phone calls with codes to register with the Platform among other messages in connection to your use of the Platform.
2. In-Platform messages: After registration you agree to receive messages from bots you subscribe, public messages among other messages receipt of which the Platform is intended for. You can adjust notifications on such messages in your account.
3. Advertising: You agree that we can send you advertising messages and show advertising during your use of Platform from us and our partners as set forth in the Privacy Policy.
Liability
1. We are not responsible and will not be liable:
  - for your use of the Platform and compliance with the Terms, including information, materials you exchange via the Platform and actions you perform through it
  - to you for any consequential, special, punitive, indirect, or incidental damages and lost profits relating to, arising out of the Terms and in connection to the use of the Platform.
2. You defend, indemnify and hold harmless us, our affiliates, partners, our and their directors, officers, employees and agents from liabilities, damages, losses and expenses of any kind, including expenses for legal representatives, in connection to your use of the Platform, compliance with the Terms or meeting your warranties hereof, including those arising of or related to:
  - any claim by any third party
  - any breach, violation or failure to perform or comply with any of your warranties or obligations
  - any act, including negligence, recklessness, misconduct or criminal act, through your account
  - violation of any intellectual property rights, privacy or any other third party’s right
  - death of or injury to any person, damage to any property or any other damage, loss or injury, by whomsoever suffered, resulting or claimed to result, in whole or in part, from your use of the Platform.
    
    If any of the grounds hereof takes place, upon our request, you must pay compensation of damages in full as requested via bank transfer without resorting to litigation within 5 (five) business days after our request.
Updates and changes
1. From time to we can update, provide additional content or other modifications to the Platform. This can be, for example, to improve Platform service, to add new or update features or to resolve software bugs.
  
  In this case, we temporality limit access to the Platform so that it can be unavailable to you and require to update the App.
2. We can amend or update the Terms by posting the “Last Modified” date in the document. You agree to regularly check the updates by yourself.
  
  New version of the Terms will available in the App and on the Web-site.
  
  Your continued use of the Platform after the change confirms your acceptance with the new version of the Terms as amended.
  
  If you do not agree with such changes you must stop using the Platform and remove the account.
Other provisions
1. GOVERNING LAW: the Terms and any dispute or claim arising out of or in connection with it and use of the Platform are governed by, and construed in accordance with the laws of Malta and applicable international agreements and contracts with no conflict of law provisions applicable.
2. DISPUTE RESOLUTION: any claims and disputes arising out of the Terms and in connection to the use of the Platform must be settled by a competent court of law in the jurisdiction of our residence.
3. SEVERABILITY: If, for any reason, any provision of the Terms is found to be invalid or unenforceable in whole or in part, such recognition will not entail the invalidity or inapplicability of other provisions of the Terms. Such invalid and non-applicable provisions are separable from other provisions of the Terms.
4. APPLICABLE LAW: if distribution of the Platform or its use violates the law of the country you reside we can limit or remove access to the Platform for such country without prior notice about it.
5. COMPLIANCE WITH LAW AND REGUILATIONS: you must be solely responsible and liable for compliance with law which apply to you, including payment of any fees and taxes in connection to your use of the Platform.
6. ASSIGNMENT: the Terms are personal to you. You cannot transfer any of your rights or obligations under our Terms to a third party.
  
  We can freely assign our rights and obligations hereof to any of our affiliates and partners or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise.
  
  We can transfer the information and materials you provide to us on to any of our partner, affiliates, successor entities or new owner. In this case the Terms will continue to apply to your relationship with such third party.
  
  If you do not agree to such assignment you must stop using the Platform and remove the account.
Contact Us

If you still have questions about the Terms, please feel free to contact us using supportservice@gem4me.com or using the requisites in “contact us” section.