Terms and Conditions
ChatGems
Privacy Policy
Last Updated: March 18, 2024
At ChatGems, we take your privacy seriously. Please read this Privacy Policy (this “Policy”) to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.
Remember that your use of ChatGems’s website or enterprise platform (collectively the “Services”) is at all times subject to our Terms of Use https://chatgems.ai/#policies, and/or customer agreement as each may apply to you, and which incorporate this Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Customer Terms and Conditions. Keep in mind that different categories of collection of your Personal Data may apply to you depending on whether you are an enterprise customer or an interviewee.
You may print a copy of this Privacy Policy by clicking here https://chatgems.ai/#policies.
As we continually work to improve our Services, we may need to change this Policy from time to time. We will alert you of material changes by placing a notice on the ChatGems website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Policy have been posted, that means you agree to all of the changes.
Privacy Policy Table of Contents
What this Privacy Policy Covers
Personal Data
Categories of Personal Data We Collect
Our Commercial or Business Purposes for Collecting Personal Data
Other Permitted Purposes for Processing Personal Data
Categories of Sources of Personal Data
How We Disclose Your Personal Data
Tracking Tools, Advertising and Opt-Out
Data Security
Personal Data of Children
California Resident Rights
Virginia Resident Rights
Colorado Resident Rights
Connecticut Resident Rights
Utah Resident Rights
Other State Law Privacy Rights
European Union, United Kingdom, and Swiss Data Subject Rights
Contact Information
What this Privacy Policy Covers
This Policy covers how we treat Personal Data that we gather when you access or use our Services or visit our website to contact us for more information to apply for available jobs. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” or “sensitive personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage. If you are a data subject that is a customer or end user of one of our Customers who serves as controller of your Personal Data with respect to the use or other pass-through that data through our Services, please contact that entity regarding sharing of your Personal Data.
Personal Data
Categories of Personal Data We Collect
This chart details the categories of Personal Data that we collect and have collected over the past 12 months:
Category of Personal Data (and Examples)
Business or Commercial Purpose(s) for Collection
Categories of Third Parties With Whom We Disclose this Personal Data
Profile or Contact Data such as first and last name, email, phone number, and unique identifiers.
Providing the Services
Corresponding with You
Service Providers
Parties You Authorize, Access or Authenticate
Payment Data such as financial account information, payment card type, last 4 digits of payment card, and billing address, phone number, and email.
Providing the Services
Service Providers (specifically our payment processing partner, currently Stripe, Inc.)
Professional or Employment-Related Data such as resume, job title, job history, performance evaluations, and union membership.
Providing, Customizing and Improving the Services
N/A
Sensory Data such as photos, videos, or recordings of you and/or of your environment.
Providing, Customizing and Improving the Services
Service Providers
Categories of Data Considered “Sensitive” Under the State Privacy Laws (as defined below) such as:
CA: Contents of a consumer’s mail, email, and text messages where ChatGems is not the intended recipient of the communication.
Providing, Customizing and Improving the Services
Inferring characteristics
Service Providers
Inferences Drawn From Other Personal Data Collected such as attributes, user behavior, and predispositions.
Providing, Customizing and Improving the Services
Service Providers
Other Identifying Information that You Voluntarily Choose to Provide such as emails, letters, texts, or other communications you send us.
Providing, Customizing and Improving the Services
Corresponding with You
Service Providers
Our Commercial or Business Purposes for Collecting Personal Data
Providing, Customizing and Improving the Services
Creating and managing your account or other user profiles.
Processing orders or other transactions; billing.
Providing you with the products, services or information you request.
Providing gem and assistance for the Services.
Improving the Services, including testing, research, internal analytics and product development.
Personalizing the Services, website content and communications based on your preferences.
Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws.
Marketing the Services
Marketing and selling the Services.
Corresponding with You
Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about ChatGems or the Services.
Sending emails and other communications according to your preferences or when you apply for jobs with us.
Other Permitted Purposes for Processing Personal Data
In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, ChatGems or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.
Categories of Sources of Personal Data
We collect Personal Data about you from the following categories of sources:
You
When you provide such information directly to us.
When you create an account or use our interactive tools and Services.
When you send us an email or otherwise contact us.
When you interact with Cookies.
Public Records
When this information is made available publicly.
When we pull this information from publicly available government and related sources.
How We Disclose Your Personal Data
We disclose your Personal Data to the categories of service providers and other parties listed in this section.
Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
Hosting, technology and communication providers.
Payment processors.
Our payment processing partner Stripe, Inc. (“Stripe”) collects your voluntarily-provided payment card information necessary to process your payment.
Please see Stripe’s terms of service and privacy policy for information on its use and storage of your Personal Data.
Parties You Authorize, Access, or Authenticate. These parties are third parties that integrate with the Services for specific functionality, which you enable use of to allow for such an integration.
Third party social media sites or email accounts for logging in to the Services, such as Google log-ins
Legal Obligations
We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Other Permitted Purposes for Processing Personal Data” section above.
Business Transfers
All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
Data that is Not Personal Data
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.
Tracking Tools, Advertising, and Opt-Out
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).
Please note that because of our use of Cookies, the Services do not gem “Do Not Track” requests sent from a browser at this time.
We use the following types of Cookies:
Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services.
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.
Data Security
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
Data Retention
We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
For example:
We retain your profile information and credentials for as long as you have an account with us.
We retain your payment data for as long as we need to process your purchase or subscription.
Personal Data of Children
As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under 18 years of age; if you are a child under the age of 18, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided Personal Data to us, please contact us at gem@chatgems.ai.
California Resident Rights
If you are a California resident, you have the rights set forth in this section. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.
If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at gem@chatgems.ai.
Access
You have the right to request certain information about our collection and use of your Personal Data. In response, we will provide you with the following information in the past 12 months:
The categories of Personal Data that we have collected about you.
The categories of sources from which that Personal Data was collected.
The business or commercial purpose for collecting or selling your Personal Data.
The categories of third parties with whom we have shared your Personal Data.
The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.
You may request the above information beyond the 12-month period. If you do make such a request, we are required to provide that information unless doing so proves impossible or would involve disproportionate effort.
Contact Us
ChatGems welcomes your questions or comments regarding the Terms:
ChatGems Inc
2636 NE Jill CT
Bend, Oregon 97701
Email Address:
brannon@chatgems.ai
Telephone number:
9499231050
Effective as of June 01, 2023