Gather Privacy Policy
This Privacy Policy is effective as of July 16, 2021
PLEASE NOTE THAT GATHER WILL NEVER SELL YOUR PERSONAL DATA (E.G. NAME, ADDRESS, EMAIL) TO ANY THIRD PARTY.
Overview
Opening Statement
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 “Software”) that enables you to build customized virtual spaces and host virtual events in those customized virtual spaces. For purposes of this Privacy Policy, the Software 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.

When you access the Site or Services, you trust us with certain information. We are committed to keeping that trust, and that starts with helping you to understand our privacy practices. We collect several different types of information 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) and other relevant data and information when you access the Site or Services and the choices you have associated with that data and information.

We have organized this Privacy Policy to first highlight how we use data in connection with aspects of the Software (the Gather App 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 and information in accordance with this policy.
Product-specific Policies
The following sections describe policies and practices specific to each of Gather’s services. We have two services: the "Mapmaker" (at https://gather.town/mapmaker) and the "Gather App" (all other parts of our website).
Gather App
The Gather “App” is the Gather platform itself – an application for a customized virtual space that is accessed via web browser. Here are some highlights of our privacy practices on the Gather App:

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Mapmaker
The MapMaker tool is necessary for users to create or customize a virtual space that is the backbone of the App. 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 data more generally in connection with the Site and Services.
General Policies
The following sections apply to all of Gather's services
Information We Collect and How We Use It
Personal Data
In connection with your use of the Site and Services, we may receive various types of information related to you, as well as information you provide us about others.  Sometimes you provide us with this data and sometimes data about you is collected automatically.  To the extent data is associated with an identified or identifiable natural person and is protected as personal information (or substantially equivalent terms) under applicable data protection laws, it is referred to in this Privacy Policy as “Personal Data.”  You acknowledge and agree we may collect, process, store, access, and disclose Personal Data disclosed by you to facilitate the provision of the Site and Services and related support for the Services in the manner described in this Privacy Policy.

Types of Personal Data we collect includes:

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 information (such as your credit/debit card information or other applicable payment method, billing address, billing telephone number, date of birth, or other information).  We store very little, if any, customer financial information and such financial information is typically stored by our third-party payment processors, but we may use this information 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.
Usage, Location and Tracking Cookies.
We collect information on how the Site and Services are accessed and used (“Usage Data”). This Usage Data may include information 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 information 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.

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 information. 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 information and to improve and analyze our Site and Services and for targeted advertising purposes related to the Site. 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 portions of our Site and Services. We may use a third-party service to monitor and analyze the use of our Site and Services, such as Google Analytics.
How We Use Personal Data
While 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”), we generally use Personal Data only to provide and maintain the Services and not for marketing purposes. Specifically, we use Personal Data:

How We Retain, Transfer, and Disclose Your Personal Data
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 information 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 information, 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 information 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 information represents your agreement to that transfer, although we do offer a 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 information.

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 information 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:
Business Transaction
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.
Disclosure of Data
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).
Other Legal Requirements
The Company may disclose your Personal Data in the good faith belief that such action is necessary to:
Information Security
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.
Your Rights under the California Online Privacy Protection Act (CalOPPA)
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.

In accordance with CalOPPA, we agree to the following:
Your Rights under the General Data Privacy Regulation (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), GDPR affords you certain rights. These include:
To exercise any of the above rights, please send a request to [email protected].

Please note that we may ask you to verify your identity before responding to such requests.

Additionally, you have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Your Rights under the California Consumer Privacy Act (CCPA)
If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and ask us not to sell it. You may request what personal information we have about you. If you make this request, we will return to you:

Please note, if you ask us to delete your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function.

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 [email protected].

Our Commitment to Children’s Privacy
At Gather we take children’s privacy very seriously. While the Services are designed for businesses and individuals over the age of 18, we recognize that the Gather platform may be used by educational institutions to create virtual spaces with events that include students under the age of 18 (each a “Child”). In such cases, the host institution is responsible for managing the Child data and collecting consents as required by law. Gather will never use Child personal data for its own purposes or to serve advertisements.  Except as otherwise set forth in this section, Gather does not knowingly collect Personal Information from Children under the age of 16. If you are under 16, you should not use or attempt to use the Services or send any information about yourself to Gather. If we discover that we have directly collected information from a Child under the age of 16, we will take the appropriate measures to promptly remove that information from our Services.

If you believe that Gather may have directly collected Personal Information about a Child under the age of 16 please contact us at [email protected] to let us know. We’ll work with you to make sure that information is removed from our Site and Services, as applicable.
Changes to our Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by 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 information regarding your privacy as a candidate for a position with Gather, please visit our Candidate Privacy Statement.
Contact Us
Questions or concerns about this Privacy Policy or your Personal Data may be addressed by email at [email protected]