PRIVACY STATEMENT: Effective January 15th, 2023.
Scope. This Privacy Statement (the “Statement”) covers Global Entertainment Matrix, LLC (“GEM”, “we”, “us”, “our”), our website located at www.gemtheapp.com (the “Site”), the GEM app (“App”) and the service described in the Terms and Conditions of Use (“Service”). It does not apply to entities that GEM does not own or control. By using or accessing the Site, the App, and/or the Service, and by taking the steps to facilitate your listing as a Business/Brand User or an Influencer on the Site or in the App, you consent to be bound by this Statement. If you do not agree to these terms, please do not use the Site, App or participate in the Service. Each time you use the Site, App or participate in the Service, the current version of this Statement applies. Accordingly, you should check the Statement regularly and review any changes since the last time you reviewed it, based on the updated Effective Date.
Definitions. Capitalized terms not defined in this Statement are defined in the Business/Brand User and/or Influencer Terms and Condition of Use.
Changes to this Statement. Please note that we may change our Privacy Statement at any time and without prior notice, by posting the revised version of this Statement on our Site and in our App, with the updated Effective Date.
Age of Influencers; Authorization. This Service, Site and App are intended only for Influencers who are at least 18 years old. By participating in the Service as an Influencer, you represent that you are at least 18 years old. If you use the Service as an agent or manager for an Influencer, you represent that you are legally authorized to bind the Influencer contractually. Proof of such agreement should be submitted to GEM. With permission from a parent or guardian influencers under 18 years old or younger will be allowed to join. By participating in the Service as an Influencer, you represent that you are at least 18 years old. If you use the Service as an agent or manager for an Influencer, you represent that you are legally authorized to bind the Influencer contractually.
Questions. If you have any questions or concerns about our Privacy Statement, please contact us at firstname.lastname@example.org.
2. Information We Receive
Information you provide to us:
Information about Yourself. When you go onto the Site and/or purchase/download the App, and if you take steps to participate in the Service as a Business/Brand User or an Influencer, you may voluntarily provide personal information such as your name, business name, title, email address, physical address, telephone number, bank account information (for payment), biographical and career information, agenda and location information. In some cases, we may ask for additional information to be able to provide specific business services (e.g., social media marketing services) to you or to suggest Influencers, Business/Brand Users, or Activities that may be of interest to you.
Transactional Information. We may retain the details of every transaction or payment made via the Service or in connection with any Contract entered into via the Service. We require the personal information described above in part in order to be able to process payments from the GEM Vault to Influencers upon completion of Activities under a Contract. We will retain information about your preferences in your use of the Service, so that we can customize the Service experience for you, increase the value to you as an Influencer or Business/Brand User, and offer you related business and social media marketing services.
Digital Gifting Suites and Other Opportunities. We also collect information from Influencers about preferences, which we share with Business/Brand Users and business prospects, so that Business/Brand User can offer business products to Influencers.
Corrections/Information Removal/Opt-Out. If you change your name, e-mail address, postal address, telephone number, bank account, or other personal information, you may update or correct the relevant information by visiting our App or contact us at email@example.com
Other Information we collect when you interact with the App, Site or Service:
Aggregate Information. GEM collects aggregate information (non-personally identifiable information such as frequency of visits to the App or Site, browser type, etc.). No single person can be identified by this compiled information. GEM uses aggregate information to provide and improve the Service, as well as to monitor, audit and analyze data pertaining to our business metrics.
Cookie Information. We use “cookies” (small pieces of data we store on your computer, mobile phone or other device) to make the Service, Site and App easier to use, make our Service and other services better, and to protect both you and GEM. We store minimal information in cookies and protect this information. (For example, we do not store any complete records or bank account/credit card numbers in a cookie). You can remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use the Service, Site and App.
Use of Pixel Tags/Clear GIFs/Web Beacons. A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of our website but not on your computer. When you access certain App or Site pages, pixel tags may generate a generic notice of that visit. These usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies, the pixel tag will simply detect an anonymous website visit.
3. How We Use Your Information:
We use the information we collect to try to provide a safe, efficient and customized experience. Here are some of the details:
To contact you. We may use the information we collect to enable Business/Brand Users to make products available to Influencers. We may contact Influencers with Service-related announcements from time to time, as well as with business services offers and opportunities as indicated above. We may share information about Business/Brand Users and their products with Influencers, so that Business/Brand Users can place business products of possible interest to the Influencers in a Digital Gifting Suite or take advantage of other opportunities to make relevant business products available to Influencers.
To manage the Service. We use the information we collect to provide our Service and features to you as well as to provide customer support. We do not share any of your Personal Information or Customer Data relating to your use of the Service with any third parties, except to the Business/Brand User or Influencer with whom you are negotiating a Contract, and to any Agents whom we engage to facilitate Activities with Business/Brand Users and Influencers. We also use the information to prevent potentially illegal activities, and to enforce our Terms and Conditions of Service. We also use a variety of technological systems to detect and address fraudulent activity and to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.
Contests/Sweepstakes. From time-to-time, we may request information from Business/Brand Users or Influencers for participation in a contest or sweepstakes. Participation is completely voluntary. Accordingly, you retain the choice whether or not to disclose this information. We may request contact information and/or supplementary information on your interests, opinions and preferences. We will use the contact information to notify winners. We may publish the winners’ first name, last initial and city of residence on the Site or in the App. And we may be required by law to share (i) winners’ first name, last name and address with state agencies and (ii) winners’ first and last name with persons requesting such information by mail.
Sharing, Selling and Trading Aggregate Information Collected Online with Third Parties. We may share, sell or trade with third parties the aggregated, non-personal information. However, as stated earlier, this information does not identify you individually.
4. How We Protect Information:
Security Pertaining to Your Information. GEM takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. However, no App, and no method of transmission over the Internet, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
IN NO EVENT WILL GEM OR ITS SUBSIDIARIES, AFFILIATES OR ANY PARTY INVOLVED IN PROVIDING THE APP, SITE AND SERVICE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE APP, SITE AND SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE APP, SITE AND/OR SERVICE). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF GEM OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Integrity of Your Data. GEM processes personal information only for the purposes for which it was collected and in accordance with this Statement. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete and current, but we depend on our users to update or correct their personal information whenever necessary.
Copyright Infringement/DMCA Notice. If you are a copyright owner, and you believe that the App, Site or Service or any other Content on the App or Site or in connection with the Service infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (DMCA) by providing our designated copyright agent with the following in writing to firstname.lastname@example.org:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to comply with the all of the aforementioned requirements may render your DMCA notice invalid.
6. GEM Messaging Terms & Conditions
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from GEM, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. GEM reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. GEM also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. GEM, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, CANCEL, or UNSUBSCRIBE to our phone number to cancel. After texting STOP, CANCEL, or UNSUBSCRIBE to our number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, CANCEL, or UNSUBSCRIBE keyword commands and agree that GEM and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from GEM through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our number to return customer care contact information.
If you are experiencing any problems, please visit [HELP CENTER URL] and submit the form with details about your problem or your request for support, or email [EMAIL ADDRESS].
This message program is a service of GEM, located at 24281 Crown Valley Pkwy Suite 296 Laguna Niguel, CA 92677
In the interest of resolving disputes between you and GEM in the most expedient and cost-effective manner, you and GEM agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from GEM or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from GEM or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of when a claim arises.
YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND GEM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Notwithstanding subsection 'General' above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or GEM to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and GEM will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting GEM. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
If you or GEM intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). GEM address for Notice is: [BRAND ADDRESS], Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and GEM will make good faith efforts to resolve the claim directly, but if you and GEM do not reach an agreement to do so within 30 days after the Notice is received, you or GEM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or GEM must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If you commence arbitration in accordance with these Messaging Terms, GEM will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse GEM for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and GEM agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or GEM made within 14 days of the arbitrator's ruling on the merits.
No Class Actions
YOU AND GEM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GEM agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision
Notwithstanding anything to the contrary in these Messaging Terms, if GEM makes any future change to this arbitration provision, other than a change to GEM address for Notice, you may reject the change by sending us written notice within 30 days of the change to GEM address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and GEM.
If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection 'Modifications to this Arbitration Provision' above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.