Gather Presence, Inc. (“Gather”, the “Company”, “we”, or “our”) operates the website www.Gather.Town (the “Site”) and provide certain services (the “Services”) in connection with a software as a service-based platform (the “Platform”) accessible via the Site that enables you to build customized virtual spaces and host virtual events in those customized virtual spaces. For purposes of this Privacy Policy, the Platform is subsumed with the definition of Services. We offer the Services with limited features for free, and we charge money for other uses of the Services (the fees vary based on factors such as event time and features). We also make subscriptions of the Services available.
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When you access the Site or Services, you trust us with certain information (we will call this “data” for the sake of consistency). We are committed to keeping that trust, and that starts with helping you to understand our privacy practices. We collect several different types of data for various purposes, but mainly to provide the Services and improve our Services for the benefit of our customers.

This privacy policy (“Privacy Policy”) informs you of our policies regarding the collection, use and disclosure of Personal Data (as defined) when you access the Site or Services in connection with the Site Terms of Service and the choices you have associated with that data. We will also discuss non-personal data such as usage data. We also post a data processing agreement (“DPA”) to the Site, and you may request to countersign a version by contacting legal@gather.town.

We have organized this Privacy Policy to first highlight how we use data in connection with aspects of the Platform (the Gather Platform and the MapMaker Tool), followed by how we comply with our legal obligations in relation to data privacy to the Site and Services generally. By using the Site or Services, you agree to the collection and use of data in accordance with this policy.

The Gather Platform is an application for a customized virtual space that is accessed via web browser. Here are some highlights of our privacy practices on the Gather Platform:
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The MapMaker tool is necessary for users to create or customize a virtual space that is the backbone of the Platform. Here are some highlights of our privacy practices on the MapMaker Tool.

The remainder of this Privacy Policy discusses practices not highlighted above and demonstrates how Gather complies with its legal obligations with respect to Personal Data more generally in connection with the Site and Services.

Types of Personal Data we collect includes:
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If you use the Services to make payments of any kind, or to set up the capability to make payments, you may provide us (or our third-party payment processors) additional Personal Data including financial data (such as your credit card data or other applicable payment method, billing address, billing telephone number, or date of birth). We store very little, if any, customer financial data and such financial data is typically stored by our third-party payment processors, but we may use this data under certain circumstances to create and to provide support related to your account and to communicate with you relating to customer support inquiries as well as other communications related to the Services. We encourage you to review the privacy policies of any third-party payment processors used in connection with and to contact them directly if you have questions relating to your data, including Personal Data, as it relates to such payments. We currently use Stripe to process debit and credit card payments and their data policies can be found here.

We collect anonymized data on how the Site and Services are accessed and used (“Usage Data”). This Usage Data may include data such as your computer’s Internet Protocol address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

We may use and store data about your location (“Location Data”) when you visit the Site. We use this data to improve and customize our Site or Services. You can enable or disable location services when you use our Site and Services at any time by way of your device settings.

For general visitors to the Site, we may use “cookies” (a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive) and similar tracking technologies to track the activity on our Site, and these Cookies and similar technologies hold certain data. We may also use (and enable third-party service providers to use) other tracking technologies such as beacons, tags, hashed emails and scripts to collect and track data and to improve and analyze our Site and Services and for targeted advertising purposes related to the Site. We only use Cookies with your consent. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. 

To opt out of receiving targeted advertising use the link to the DAA opt-out site www.aboutads.info or the NAI opt-out site at networkadvertising.org/choices, in Europe, the EDAA opt out site at youronlinechoices.eu.

We have a cookie policy and you may access that by emailing privacy@gather.town.

Gather reserves the right to use your Personal Data for any legitimate business purpose as set forth in the California Consumer Privacy Act (the “CCPA”). Specifically, we use Personal Data:
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Additionally, we may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers or email you about updates to the Services or your use of the Services. These promotional emails contain the ability to opt-out.  Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. 

In general, we retain your Personal Data only for as long as is necessary for the legitimate business purposes set forth in this Privacy Policy. 

Typically, if you use our Services, we retain Personal Data about you for as long as you have an open user account with us and will not retain it for more than twelve (12) months after you close your user account, unless a different policy is otherwise agreed upon in an executed agreement. Thereafter, we retain some data in a depersonalized or aggregated form but not in a way that would identify you personally. 

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time than Personal Data, except when this data is used to strengthen the security or to improve the functionality of our Site, or we are legally obligated to retain this data for longer periods.

Your data, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside the United States and choose to provide data to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

Your consent to this Privacy Policy by using the Site or Services followed by your submission of such data represents your agreement to that transfer, although we do offer a data processing agreement (“DPA”) for certain enterprise customers.

We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy and applicable data protection laws and that no transfer of your Personal Data take place to an organization or a country unless there are adequate controls in place for that transfer including the security of your data and other personal data.

Except as described in this Privacy Policy, will not use or disclose Personal Data for any purpose other than to the extent reasonably necessary to perform the Services and related support for the Services.  As a matter of policy, we will not disclose data about you in a manner inconsistent with this Privacy Policy except as required by law or government regulation, unless we obtain your express consent.  

That said, we will process and disclose your Personal Data to the extent necessary to comply with our legal obligations, complete corporation transactions, resolve disputes, and enforce our legal agreements and policies as follows:

If the Company is involved in a merger, acquisition, or asset sale, we may disclose or transfer Personal Data for purposes consistent with that transaction.

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).

The Company may disclose your Personal Data in the good faith belief that such action is necessary to:

The security of your data is important to us, and we use industry standard methods for data encryption and key management to protect data transmitted over public networks and when stored on our systems. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security, as no method of transmission over the internet or method of electronic storage is 100% secure.

If you would like to request that Gather delete your personal data, you may contact us directly at privacy@gather.town to submit your request. Gather will respond within a reasonable time frame in accordance with applicable laws and regulations.
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We do not support Do Not Track (“DNT”). DNT is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the Preferences or Settings page of your web browser.
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In accordance with CalOPPA, we agree to the following:

If you are a resident of the European Union (EU) and European Economic Area (EEA), GDPR affords you certain rights. These include:
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To exercise any of the above rights, please send a request to support@gather.town. Please note that we may ask you to verify your identity before responding to such requests.
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Additionally, you have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more data, please contact your local data protection authority in the European Economic Area (EEA).

If you are a California resident, you are afforded certain rights under the CCPA, such as the right to access what personal data (as defined by the CCPA) we collect about you, the right to ask us to delete your personal data, and the right to tell us not to sell your personal data. 
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You may ask us to provide you with what personal data we have collected up to two times in a rolling twelve month period. When you make this request, the data provided may be limited to the personal data we collected about you in the previous year.
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Please note that Gather does not sell your personal data and we will not discriminate against you under any circumstances for exercising your rights in connection with the CCPA. To exercise your California data protection rights described above, please send a request to support@gather.town.

At Gather we take children’s privacy very seriously. The Services are designed for businesses and individuals 18 and over. Gather does not knowingly collect Personal Data from individuals under the age of 18. If you are under 18, you should not use or attempt to use the Services or send any data about yourself to Gather. If we discover that we have directly collected Personal Data from a person under the age of 18, we will take the appropriate measures to promptly remove that data from our Services.
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If you believe that Gather may have directly collected Personal Data about a person under the age of 18 and wish to have us remove that Personal Data, please contact us at privacy@gather.town to let us know.  We’ll work with you to make sure that data is removed from our Site and Services, as applicable.

We may update our Privacy Policy from time to time. We will notify you of any material changes by sending an email notification to all current users, posting the new Privacy Policy on this page and by updating the “effective date” at the top of this Privacy Policy. Please review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when posted.

For data regarding your privacy as a candidate for a position with Gather, please visit our Candidate Privacy Statement.

Questions or concerns about this Privacy Policy or your Personal Data may be addressed by email at privacy@gather.town You may also reach us by mail sent to 2261 Market St. #4095, San Francisco, CA, 94114.