Privacy Policy

 

Your Right to Privacy Matters to Us!

 

1. Important Information and Who We Are

Thanks for visiting our website and using our services! This policy describes how GumGum, Inc. (including its subsidiaries and affiliates), collectively, “GumGum” collects, uses, and shares personal information on its website and if applicable, mobile devices.  So when we mention “GumGum, “we” or, “us” in this Privacy Policy, we are referring to the relevant company in the GumGum group responsible for processing your personal information.  
This Privacy Policy is also relevant for any EEA resident sharing his/her personal data directly or indirectly with GumGum and is provided in a layered format so you can click through to the specific areas set out below.  Please also refer to the Glossary to understand the meaning of some of the terms used in this Privacy Policy.
It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your information. This Privacy Policy supplements the other notices and is not intended to override them.

 

2. Types of Data We Collect and Purpose

Personal information (or personal data) means any information about an individual from which that person can be identified. It does not include personal information where the identity has been removed (anonymous personal information).  The following provides some examples of the types of personal information that we may collect, use, store and transfer about you:

Context Types of Data and Purpose for Collection
Account Registration We may collect your name and contact information when you create an account (user ID, password, access level, etc.) or sign-up for our services.
Employment If you apply for a job posting, or become an employee, we may collect personal information necessary to process your application. This may include, your name, email, postal address, phone number, your tax identification number.
Feedback/Support If you provide us feedback, require technical support, or if contact us for other assistance, we will collect your name and e-mail address and possibly other personal information, as well as any other content you send to us in order to reply.
Financial Data To fulfill our obligations pursuant to our contract with you/your business, we may collect your bank account/payment detail in satisfaction of payment.
Mailing List When you sign up for one of our mailing lists we may collect your email address or postal address.
Marketing & Communications Data Includes information about how you use our website, products and services], along with your preferences in receiving marketing from us and our third-parties and your communication preferences.
Mobile Devices We may collect information from your mobile device such as unique identifying information broadcast from your device or hardware and software specifications. We may also ask you if you would like to share your location information from your mobile device.
Technical User Data IP address, IP browser user agent, and other browser information such as browser location data received from GPS coordinates, browser fingerprints, etc., to deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
Third Party Tracking We participate in behavior-based advertising. This means that a third party may use technology (e.g., a cookie) to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests. That advertising may appear either on our websites, or on other websites (e.g., social media platforms, search engines, etc.). You can opt-out of receiving advertising based upon your browsing behavior from some network advertising companies by going to the Network Advertising Initiative and the Digital Advertising Alliance websites.


We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal information but is not considered personal information in law as this information does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.

 

3. Our Legal Basis for Processing Your Personal Data

For our website visitors and service platform, we lawfully process the above noted types of data  purpose for the below stated legal basis:

Personal Data Category Legal Basis
Clients  
Account Registration, Financial Data, Feedback/Support, Technical User Data and Third Party Tracking Performance under a contract
Email address and name Legitimate Interest
Web logs  Legitimate Interest
Prospective Clients  
Email, phone number, and publicly available information  Legitimate Interest
Direct communication data (email, notes from a meeting, business card exchange, correspondence, etc.), Feedback/Support Legitimate Interest
Mailing list Legitimate Interest

Website Visitors, including prospective employees

 
Employment Legitimate Interest
Marketing & Communications Data, Direct communication data (email, notes from a meeting, business card exchange, correspondence, etc.), Feedback/Support, Mailing List Legitimate Interest 

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources.


4. How We Use and Process Your Personal Data


In addition to the uses described above, we use your personal information in the following ways:

  • To identify you when you visit our websites 
  • To perform under a contract
  • To provide the products and services you request
  • To improve our services and product offerings
  • To conduct analytics
  • To respond to your inquiries related to support, employment opportunities, or other requests
  • For internal administrative purposes, as well as to manage our relationship with you.

MARKETING
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established a privacy center where you can view and make certain decisions about your personal data use.

Promotional offers from us 
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. 
You will receive marketing communications from us if you have requested information from us or purchased products or services and, in each case, you have not opted out of receiving that marketing.

Third-party marketing 
We will get your express opt-in consent before we share your personal data with any company outside the GumGum group of companies for marketing purposes. 

Opting out
You can ask us or third parties to stop sending you marketing messages at any time [by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or] by contacting us on gumgum.com/contact

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of [a product/service purchase, product/service experience or other transactions].


5. Change of Purpose


We will only use your personal information for the purposes for which it was collected, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact Us.
If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.


6. Personal Information We Do Not Collect


We do not collect any sensitive personal, information (aka, if you are based in the European Union, Special Categories of Personal Data) about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric information). 

We do not provide products or services that are designed for use by children under the age of 16, or knowingly collect personal information from or about children under age 16. 


7. How We Collect Your Personal Data


We use different methods to collect information from and about you, including through:


Direct interactions. You may give us your [Account Registration and Financial Data] by registering on one of our Service Dashboards, filling in forms, or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:
 

  • Sign-up for our products or services;
  • create an account on our website;
  • subscribe to our service or publications;
  • request marketing materials be sent to you;
  • enter a competition, promotion or survey; or
  • give us feedback.

 
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal information by using cookies, [server logs] and other similar technologies. [We may also receive Technical Data about you if you visit other websites employing our cookies.] Please see our cookie policy [LINK] for further details].
Cookies
 
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see OUR COOKIE POLICY.


8. How We Share Your Personal Data


We may have to share your personal information with the parties set out below for the purposes set out in the table in disclose personal information in the following situations:
Other Disclosures with or without Your Consent.  We may disclose your personal information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your personal information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.
We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions. 


9. Data Security


We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach.  In the event that we are required by law to inform you of any unauthorized access to your personal information we may notify you electronically, in writing, or if permitted by law, by telephone. We will also notify any applicable regulator of a breach where we are legally required to do so.
However, no method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. 
Some of our websites permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.


10. Data Retention


We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including the fulfillment of the contract, the initiation of a contract, or for the purposes of satisfying any legal, accounting, or other regulatory reporting requirements.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.


11. International Transfers


If you are based in the European Union please note that we share your personal information with other GumGum entities outside of the European Union which means we may transfer your information outside the European Economic Area (EEA).
Many of our external third parties are also based outside the EEA so their processing of your personal information may involve a transfer of data outside the EEA.
Whenever we transfer your personal information out of the EEA, we ensure a similar degree of protection is afforded to you by ensuring at least one of the following safeguards is implemented:
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe. For further information, see [INCLUDE LINK TO EU COMMISSION PAGE ON MODEL CONTRACTS].
Where we use providers based in the U.S., we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal information shared between Europe and the U.S. For further details, see [INCLUDE LINK TO EU COMMISSION PAGE ON EU-US PRIVACY SHIELD].


12. EUROPEAN UNION RESIDENTS: YOUR LEGAL RIGHTS


If you are based in the European Union please note that the laws in the EU (including all EU member states) will change on 25 May 2018. Although this Privacy Policy sets out most of your rights under the new laws, we may not be able to respond to some of your requests (for example, a request for the transfer of your personal information) until May 2018 as we are still working towards getting our systems ready for some of these changes.
 
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
 
If you are accessing this website from the European Union, please note that under EU data protection laws you have the right to:

 

  • Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  •  
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  •  
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at gdpr@gumgum.com


13. No Charge/Fees (in most cases)


You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.


14. What We May Need From You


We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any other right). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.


15. Time Limit To Respond


We try to respond to all legitimate requests within thirty (30) days.  Occasionally it may take us longer to process your request if it is particularly complex or if you have made multiple requests.  In this case, we will notify you and keep you updated on the status of your request(s).


16. Your Right to File a Complaint

If you are based in the European Union you also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
 
Name of the Lead Supervisory Authority overseeing GumGum (Controller):
 
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: +44 (0) 0303 123 1113
Email: casework@ico.org.uk
 
To contact GumGum with any questions or concerns, please contact us at:
 
UNITED KINGDOM
 
GumGum UK Limited
WeWork Building
138 Holborn
London, UK EC1N2SW, GB
Company Number: 09922859
Email: gdpr@gumgum.com
Phone: 


UNITED STATES OF AMERICA
 
GumGum, Inc.
Data Protection Officer
1314 7th Street, 4th Floor
Santa Monica, CA 90401
Email: privacy@gumgum.com
Phone: 1-310-260-9666 

 

17. Glossary


Lawful Basis Definitions.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us [LINK to Contacting Us section].

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.


18. Third Party 

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share personal information about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Policy of every website you visit.
We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions. 
Internal Third Party Disclosures

  • current and future corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control) are joint controllers or processors who provide technology and system administration services;
  • third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets; 
  • or alternatively, we may seek to acquire other businesses or merge with them. 

If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Policy.

External Third Party Disclosures

  • service providers acting as processors who provide technology, fraud prevention, and system administration support services.
  • professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
  • Other Disclosures with or without Your Consent . We may disclose your personal information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your personal information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.


20. Changes to this Privacy Policy


We may change our privacy policy and practices over time. To the extent that our policy changes in a material way, we will promptly notify you of such changes.


LAST UPDATED: MAY 18, 2018

Contacting Us

Questions? Suggestions? Concerns? Email us at privacy@gumgum.com.