GATHER PRIVACY POLICY

Last Modified on December 30, 2017

Our Privacy Commitment

Opera Event, Inc. and the Gather platform (“Gather,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of Gather’s website where this Privacy Policy is posted (the “Site”), the web browser extension (the “Extension”) and the services made available by Opera Event, Inc. through the Gather platform (collectively with the Site and the Extension, the “Service”). As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the Service how we use and protect the information we collect through the Service. By accessing the Site or using any of the Service, you consent to Gather’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Service and not to any other website that you may be able to access from the Service which may have its own data collection and use practices and policies.

This policy answers the following questions:

  • What information do we collect about you and how do we use it?
  • Will we share your personal information with third parties?
  • What choices do you have about the collection and use of your personal information?
  • What security measures do we take to safeguard your personal information?

What information do we collect about you and how do we use it?

Types of Information We Collect

Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access the Service generally. However, you may be required to submit personal information to access certain aspects of the Service. We may collect non-personal information such as your IP address, browser type, and when you accessed the Service. This information may be aggregated to measure the number of visits, average time spent, page views, and other statistics about users of the Service. We also may use this data to monitor the Service’s performance and to make the Service easier and more convenient to use.

We collect personal information when you create an account through the Service; participate in registration forms, feedback forms or surveys; make or receive a donation through the Service (a “Donation”); receive customer or technical support; or participate in components of the Service through which users may generate or post content.

To create an account for the Service, we require you to provide certain information through “Sign up with Twitch”, a service provided by Twitch Interactive, Inc. (“Twitch”), or to provide your Twitch username and an email address. To use Sign Up with Twitch, you will be required to enter your Twitch credentials. First-time users will see a consent screen hosted on the Twitch website to grant Gather permission to access specific pieces of information. After you consent, we will be able to securely access your Twitch account information in order for us to create a new Gather account and provide a personalized user experience for you. Providing additional information beyond what is required to create an account, including your age or hobbies and interests is optional, but enables you to more fully utilize the Service. Depending on your choices when using the Shadow Bid Features, we may collect additional personal information.

When making or receiving a Donation, you will be directed to the PayPal website and the Donation will be processed by the PayPal platform. We will collect from PayPal only the information needed to verify the Donation.

By submitting personal information through the Site, you authorize Gather to share this personal information for the purposes identified herein and on the Site, such as responding to user inquiries, processing transactions, distributing materials, and requesting feedback.

Third-Party Privacy Policies

Through the Service, you may be able to link to technology, software and services owned and controlled by third parties (“Third-Party Features”). You may be permitted or required to submit personal information to access Third-Party Features. Such use of Third-Party Features and submission of information through Third-Party Features will be subject to such applicable third party’s terms of use, terms of service and privacy policy. You agree to look solely to the applicable third party and not to Gather to enforce your rights in relation thereto. When you have clicked on a third-party logo or URL displayed on the Site or through the Extension, or accessible through the Service, which links you to any Third-Party Features, our Privacy Policy and Terms of Use no longer applies and you must read the terms of use, terms of service and privacy policy of the third party to see how your personal information will be handled on their website.

How We Use Your Personal Information

The personal information you provide to us will allow us to communicate with you and provide the Service to you, depending on the aspects of the Service for which you register. This includes alerting you of new products, services, features, or enhancements to the Service; verifying your identity; handling your customer service questions or issues; processing Donations; requesting feedback; notifying you of new Bounties, Rumbles, Donations, or other messages sent or received through the Service; and administering contests, promotions or surveys. We may also use your email address as part of the Service in sending you messages about the Service and other general announcements. We keep track of your interactions with us, including but not limited to your activity within the Service. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with us, entities acting on our behalf, and relevant third parties such as those needed to collect and maintain our servers and perform technology and related services.

We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Service. We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Service (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any Service users.

Do Not Track

In compliance with California legislation, AB370, effective January 1, 2014, Gather’s practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Site are as follows: We honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, Gather may collect user information about your online activities over time and across different websites, or authorize third parties to do so.

Google Analytics and Jaco

Gather uses Google Analytics and Jaco to help us learn about who visits the Site and what pages are being viewed.

Cookies

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient. For example, when you return to the Site after logging in, cookies provide information to the Site so that the Site will remember who you are on subsequent visits, speeding up or enhancing your experience of the Service by, for instance, tailoring content to you. Cookies may also be used to keep track of your login name and password. While Gather may use cookies to track your visit to the Site, this information does not identify you personally and you remain anonymous, even if you have previously submitted personal information to Gather through the Site or otherwise. You may still access the Service if you set your browser not to accept cookies.

Third parties whose websites are accessible through links on the Site may also use their own cookies when you link to their site or service. Gather does not control these third parties’ use of cookies and cannot guarantee that they will uphold the same privacy standards as Gather. Gather expressly disclaims any and all liability related to the collection, use or disclosure of information by third parties. You should review the privacy policies of any third-party sites that you visit through a link from the Site to understand how these third parties use cookies and the information they collect through cookies. Most cookies are “session cookies” which means that they are automatically deleted at the end of each session. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether or not to accept it.

Log Information

Our servers automatically record information that your browser sends whenever you visit the Site. This information includes your Internet Protocol address, your browser type and version, the search engine you used to find the Service, if any, which aspects of the Service you use and from where, and when and how long you use them. We use this information to monitor and analyze how users use the Service, to provide customer service and to maintain and improve the Service. We may also collect similar information from emails we may send to you which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Children’s Privacy

We do not knowingly collect personal information from children under 13, or allow them to create an account for the Service. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times. If Gather learns that personal information of persons under 13 years of age has been collected, we will take appropriate steps to delete this information. If you are a parent of a child under 13 who has been using Gather, please contact us at [email protected] to have that child’s account terminated and personal information deleted.

Will we share your personal information with third parties?

Sharing Your Information

We use your personal information to provide the Service to you, deliver products and services you request, complete transactions, handle your customer service questions or issues and send communications to you about promotions, updates, or special offers from Gather that may be of interest to you. The personal information uploaded by you through the Service will be shared only with authorized persons to whom you specifically grant access. We may also use your depersonalized personal information to provide analyses of our users in the aggregate (including Analytical Data subject to the terms of this Privacy Policy) to prospective partners and other third parties. We will also share the personal information we collect from you under the following circumstances, and you expressly authorize us to share your information as follows:

  • Protection of rights. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Service, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (iv) such action is appropriate to protect the rights, property or safety of Gather, its employees, users of the Service or others.
  • Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Gather’s assets, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site.
  • Service Providers. We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our and your behalf. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Additional Information You Should Know About Third Parties

The Service may contain direct links to websites operated by our partners and other entities. These third-party websites may collect information about you when you visit them or otherwise communicate with them. This Privacy Policy does not cover the information practices of third-party websites linked to the Site or accessible through the Service. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies. What choices do you have about the collection and use of your personal information?

Control of Your Information

You may update or delete your personal information or modify your account preferences for the Service by accessing the account interface provided through the Service. Please note that if you disable your account, we will keep your contact information on file, and may retain other account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention.

Opting Out of Receiving Communications From Us

If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe by writing to us at [email protected] or following the “unsubscribe” link at the bottom of our emails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account.

Mediation

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy, you and Gather will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Fremont, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

What security measures do we take to safeguard your personal information?

The personal information that you provide to us is stored on servers which are protected by protocols and procedures designed to ensure the security of such information. We restrict access to personal information to Gather employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Service. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on the Site.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at [email protected]

Terms of Use

Please read the Terms of Use governing the use of the Site and the Service.