Privacy Policy

Last Modified: April 12, 2022

Elephant Technologies, Inc., a Delaware corporation doing business as Gatheround (“Company”) is committed to protecting your privacy and ensuring you have a positive experience on our website and in using our services (collectively, “Services”). This policy supplements the Company’s Terms of Service, located at https://gatheround.com/terms and all defined terms used but not defined herein have the meanings set forth in the Terms of Service. This policy covers the Company website https://gatheround.com/ and the Services and is applicable worldwide.

This policy outlines our handling practices and how we collect and use the Personal Data you provide during your online and offline interactions with us. As used in this Privacy Policy, “Personal Data” means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. “Personal Data” does not include publicly available information from government records, deidentified or aggregated consumer information, or personal information covered by certain sector-specific privacy laws.

This policy may be updated from time to time for reasons such as operational practices or regulatory changes, so we recommend that you review our Privacy Policy when returning to our website. We encourage you to periodically review this page for the latest information on our privacy practices.

Collection of Your Personal Data

Account information: We collect, and associate with your account (“Account”), the information you provide to us when you do such things as sign up for your Account, upgrade to a paid plan and set up your payments. Such information may include your name, email address, physical address, phone number or credit card or other payment information.

Linked accounts: If you link to your Account an account from another service, we collect and associate information from such other service with your Account.

Usage information: We also automatically record information about your usage of the Services, including actions taken, date and time, frequency, duration, quantity, quality, network connectivity, and performance information related to logins, clicks, messages, contacts, content shared, use of video for Events, and other feature usage information (“Usage Information”).

Device information: Our servers automatically record certain information when you use the Services, including your IP address, operating system type and version, client version, IP addresses along the network path, and the MAC address of your internet connection (“Host Information”), as further detailed in the “Passive Collection” section below.

User-generated information: Other information you upload, provide, or create while using the Services, as further detailed in the “User-Generated Information” section below.

User-Generated Information

We collect and retain, in order to provide the Services, Personal Data and other information you upload, provide, or create while using the Services (“User-generated Information”), including information related to:

Events, including the title, description, content, invitation content, participants, link, date, time, and duration relating to any Event. We collect activity recorded in the Event (such as joining or leaving), including activity related to third-party integrations, together with the date, time, person engaged in the activity, and other participants in the Event with the date, time, duration, and quality ratings that you provide. We may retain or store the content for compliance purposes and to improve the Services;

Messages, such as message content, sender and recipients, date, time, and read receipts; and

Content shared, such as files and file names, sizes, and types.

All messages and content you share in an Event, including Personal Data about you or others, will be available to the Company and all other participants in that Event.

If you share an Event link with another User who is not already in the Event, when that User tries to join the Event, such User will be able to see the list of other Users in the Event, as well as other invitees joining the Event.

Passive Collection

The Company and our third-party service providers automatically collect some information about you when you use our Services, using methods such as cookies and tracking technologies (further described below). Information automatically collected includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the website and/or Services.

In addition, when you use some of our Services, network information, such as Services usage information, is transmitted back to us so we can determine how Users are interacting with our Services, to assist us with improving our Services, and to correct any problems that may occur.

Processing of Your Personal Data

We use your Personal Data only in accordance with our Privacy Policy and Terms of Service. If you do not wish us to continue using your Personal Data in this manner, you may request that your Account be deactivated by contacting us as specified in the “Contact Us” section.

We only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity (i.e. processing that is necessary for the performance of a contract with you, such as your user agreement with us that allows us to provide you with the Services) and our “legitimate interests” or the legitimate interest of others (e.g. our users).

We process Personal Data when you use our website to use or sign-up to use our Services for purposes such as:

We process Personal Data when you visit our website:

Choice

You may choose whether to provide Personal Data to the Company, but you may be unable to access certain options, offers, and services if they require Personal Data that you have not provided. You may sign up, and by doing so you consent, to receive email or newsletter communications from us. If you would like to discontinue receiving these communications, you may update your preferences by using the “Unsubscribe” link found in such emails or by contacting us using the information in the “Contact Us” section of this policy.

Data Subject Rights

You have certain rights with respect to your Personal Data as set forth below. Please note that in some circumstances, we may not be able to fully comply with your requests, or we may ask you to provide us with additional information in connection with your request, which may be Personal Data, for example, if we need to verify your identity or the nature of your request. In such situations, however, we will still respond to let you know of our decision.

To make any of the following requests, contact us using the contact details referred to in the “Contact Us” section of this policy.

Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation. In order to make such a request of us, please contact us as specified in the “Contact Us” section.

Data Retention

How long we retain your Personal Data depends on the type of data and the purpose for which we process the data. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.

Cookies and Tracking Technologies

The Company and our partners use cookies or similar technologies to analyze trends, administer the website, track Users’ or visitor’s movements around the website, and gather information about our Users, such as location information based on IP addresses. Users or visitors may control the use of cookies at the individual browser level but disabling cookies may limit your ability to access or use the Services.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our properties.

Sharing Your Personal Data

We do not sell or rent your Personal Data to third parties for any purposes, including marketing.

We share Personal Data within the Company and its affiliated companies, and with third-party service providers, for purposes of data processing or storage.

The Services may allow you to send messages outside of Events to other Users with whom you have been matched in an Event, and the Services may allow other Users to send messages to you outside of Events, if they have been matched with you in an Event. In order to provide this Service, we share certain, limited User-generated Information, such as your username, with other Users.

We also share Personal Data with business partners, service vendors and/or authorized third-party agents or contractors in order to provide requested Services or transactions, including processing orders, processing credit card transactions, and providing customer support. We provide these third parties with Personal Data to complete/utilize the requested Services or transaction.

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy. As required by law, we may respond to subpoenas, court orders, or similar legal process by disclosing your Personal Data and other related information, if necessary. We also may use Personal Data and other related information to establish or exercise our legal rights or defend against legal claims.

We collect and possibly share Personal Data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Company’s Terms of Service, or as otherwise required by law.

While navigating the Company’s website or Services, you may be directed to content or functionality that is hosted by a third party. When information is collected on behalf of the Company exclusively, the Company’s Privacy Policy will be referenced and will govern how your information is used. For other, non-Company sites or services, the site/service owner’s privacy policy will be referenced. You should review such third party’s privacy and security policies prior to use.

Security of Your Personal Data

The Company is committed to protecting the Personal Data you share with us. We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Data from unauthorized access, use or disclosure. We use nationally recognized third parties for all payment transactions to offer protection for such transactions.

We recommend you take every precaution in protecting your Personal Data when you are on the Internet. For example, change your passwords often, use a combination of upper and lower-case letters, numbers, and symbols when creating passwords, and make sure you use a secure browser. If you have any questions about the security of your Personal Data, you may contact us as specified in the “Contact Us” section.

Linked Websites and Third-Party Services

Our websites and services may provide links to other, third-party websites and services which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on such (and all) sites you visit or services you use.

The Services use certain services provided by Google, and Google’s privacy policy applies to such Google services. Google’s privacy policy may be found at http://www.google.com/policies/privacy. If you desire to change the access we have to data, whether Personal Data or otherwise, collected through the Google services, you may visit https://security.google.com/settings/security/permissions and change the applicable settings found there.

Transfer and Storage of Personal Data

The Company is located in the United States. Any information you provide to us will be transferred to and accessed in the United States. In some cases, your information may be accessed from countries outside the United States, including when you consent to such access, when such access is required in order for us to provide you with our products or services, and when such access is required to provide product or service support or gain insight into the usage patterns of our products and services. When your information is transferred to the United States or other countries, you may not have the same rights and protections as you do under your local law. All international transfers of your information will be done in accordance with applicable law. If you are a resident of the European Economic Area and have a concern about the way we process and access your information and we are unable to resolve your concern, you have the right to lodge a complaint with your local data protection agency.

Contact Us

To address your individual rights or if you have any privacy-related questions or comments related to this privacy policy, please send an email to hello@gatheround.com.

California Privacy Rights: California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the address above.