Effective: October 25, 2021
OUR COMMITMENT TO PRIVACY
Our services, technology, and/or platforms may change from time to time. As a result, Gesture reserves the right to update, modify and/or change this policy agreement at any time, and from time to time without prior notice. If we make any material changes to the way we process your Personal Information, we will notify you before such changes are effective. If you object to any changes, you must cease using our services, technology, and/or platform. We recommend that you review this policy often. This policy became effective on the date indicated at the top of this page. Your continued use of our services, technology, and/or platform after any changes or revisions to this policy indicates your agreement to the terms of the revised policy.
THE INFORMATION WE COLLECT
When you visit the Gesture website or use one of our mobile applications or other Services, we may collect your IP address, and standard web log information, such as your browser type and the pages you accessed on our website. We also may collect Geolocation Information (defined below). If you do not agree to our collection of this information, you may not be able to use our Service. If you open a Gesture account, we collect the following information from you:
Identification Information – your name, street address, email address, date of birth.
Account Information – text-enabled cellular/wireless telephone number, computer or mobile device ID and other similar information.
Device Information – information about you: (a) from your mobile device or computer such as your device type, machine or mobile device identification number, Geolocation Information, time zone, language setting, browser type, and IP address, and (b) from third parties for purposes of transaction processing, identity verification, fraud detection or prevention and other similar uses and purposes. For fraud prevention purposes, we may also may link your computer or mobile device ID with the computer or mobile device ID of others who use your same payment cards.
Geolocation Information – Gesture may collect information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation. We will collect this data for fraud and risk purposes. In addition, some of our Services may ask you for permission to share your current location within your device settings to enhance our Services. If you do not agree to our collection of Geolocation Information, our Services may not function properly when you try to use them. For information about your ability to restrict the collection and use of Geolocation Information to enhance our Services, please refer to the settings available in your device.
Information Related to the Referral Program – Gesture allows users to invite friends and family to sign up for our Services. We may offer a promotional value for every friend or family member who signs up and sends a Gesture through your referral link. To help you do this, we may request you to grant us access to your mobile device contact address book. You can then direct us to send referral emails to contacts you select in your contact address book. By sending a referral, you also consent to Gesture sending your public profile image to the contacts you select to receive your referral link. By choosing to invite a friend you represent that you have received the friend’s consent to provide his or her name and email address with us. Gesture will use that information to send an email inviting him or her to visit the site and will store that information to track the success and/or outcome of the referral program and may send marketing or promotional emails. You can also send an SMS with a referral link to your contacts. If you use this option, you understand that Gesture does not control the timing, content, or recipients of these SMS messages.
Users may not send, publish, or share any false, misleading, or deceptive communications in connection with participation in the Referral Program. Such actions may violate various federal, state, and/or international laws, including, but not limited to, the regulations and policies promulgated by the Federal Trade Commission. Users may not send any referral emails, SMS messages, or other communications to children under the age of 13.
If you are referred to Gesture through one of our referral programs, or if someone attempts to refer you, we may share your name, whether you have already signed up for Gesture, whether you are a new customer, and whether you have placed a qualifying order in the form of sending a Gesture with the person(s) who referred you.
Personal Information from Publicly Available Sources and Third Parties
Social Web Information – We may collect information including but not limited to your Facebook Connect credentials and email account information. If you authorize Facebook Connect (if available), the plug in allows us access to your email address, Facebook friends list, and public profile (including profile picture). We may also allow you to import your data from other social web services, including but not limited to Twitter, Instagram and Tiktok, and some email service providers. Social and e-mail contact information helps you connect to friends and contacts for invitation and gifting transaction purposes. This also assists us with improving our services and combat fraud to create safer user experiences for our customers and community.
Financial Information – Credit cards linked to your Gesture account. Gesture does not share financial information with third party social networking services such as those listed in the prior bullet.
Social Public Feed – In some cases, another Gesture user may and can mention you by posting their “personal message” used in a gifting transaction sent to you, and/or by tagging you in the posted message to which you are not a party by including your username (social gifting handle) in a transaction note or comment. When you are mentioned in a social-feed note or comment into which you have visibility (e.g., a public post, a “connections only” transaction by one of your Gesture connections, or a comment on either such transaction), a link to your Gesture profile will appear in the transaction note or comment. You can always manage certain contact preferences and notifications in your account settings.
Do Not Track: Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not respond to DNT signals.
HOW WE PROTECT & STORE PERSONAL INFORMATION
We collect, store and process your personal information using third party servers located in data centers in the United States. This information is protected by physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. We also use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our office and files, and we authorize access to personal information only for those employees who require it to fulfill their job duties and responsibilities. We use industry standard protocols and processes as we strive to ensure security on our systems. Despite our efforts, we cannot always guarantee that personal information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. Therefore, we urge you to take adequate precautions to protect your personal data information as well, including never sharing your Gesture account and/or password with anyone. If Gesture is notified and/or learns of a systems security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services, you agree that Gesture may communicate with you electronically. Gesture may post a notice on our website or mobile application if a security breach occurs. We may also send an email to you at the email address you have provided to us. Depending on the state and/or city in which you reside, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach), please email us at email@example.com
INFORMATION FROM CHILDREN
The Services are not directed to children under the age of 13. If we obtain actual knowledge that we have collected personal information from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13.
HOW WE USE THE PERSONAL INFORMATION WE COLLECT
Our primary purpose in collecting personal information is to provide you with a safe, smooth, simple, efficient, fun and customized experience while using our Services. We may use your personal information to:
provide the services and customer support you request;
create an account connection between your Gesture account and a third-party account or platform;
process transactions and send notices about your transactions or your network activity;
resolve disputes, collect fees, and troubleshoot issues or problems;
prevent potentially fraudulent, prohibited or illegal activities, and enforce our User Agreement through the use of our risk and fraud tools which may include use of Account Information, Identification Information, Financial Information, Device Information, Social Web Information and Geolocation Information;
customize, personalize, measure, and improve our services and the content and layout of our website;
send you updates about new updates, products and services that we are offering to customers;
compare information for accuracy and verify it with third parties;
perform other duties as required by law; and
if you elect to share your Geolocation Information, we will use this information to enhance the security of the Services and we may use this information to provide you with location-specific options, functionality, offers, advertising, search results, or other location-specific content.
HOW WE SHARE PERSONAL INFORMATION WITHIN THE GESTURE NETWORK
To process gifting transactions on Gesture, we DO NOT share any of your personal information with the person or company that you are sending a gift to (the person receiving the gift). Your contact information, date of sign-up, the number of gifts sent, who you sent gifts to, and received and other verification metrics like social graph activity will not be provided to users or companies when you transact with, on, or through Gesture. We will not disclose your credit card number or any other form of payment to anyone you have sent a gift to or who has sent you a gift through Gesture, except with your express permission or if we are required to do so to comply with a subpoena or other legal process.
HOW WE SHARE PERSONAL INFORMATION WITH OTHER PARTIES
We work with vendors and merchants and distribution partners to enable them to ship and fulfill any gifting orders sent by the sender to the recipient. In doing so, we may share information about you with a vendor or merchant and they may share information with us about you. Information such as your mobile phone number or social gifting handle / username, when we or they attempt to fulfill that order. We use this information to confirm to that vendor or merchant and distribution partners that you are a Gesture customer and that an order needs to be processed and fulfilled.
Gesture does not share your personal information with third parties for their promotional or marketing purposes.
Some personal information is public information and may be seen by anyone on the internet, whether or not they have a Gesture account. Public information may also be seen, accessed, re-shared or downloaded through Gesture’s APIs or third-party services that integrate with our products.
Public information for personal profiles includes your Gesture username, profile photo, first and last name, month and year of Gesture account was created, and public transactions in which you’ve been involved.
WE MAY SHARE YOUR PERSONAL INFORMATION WITH:
Gesture US, Inc. and affiliates and subsidiaries it controls, but only for purposes allowed by this document.
Law enforcement, government officials, or other third parties if Gesture is compelled to do so by a subpoena, court order or similar legal procedure, when it is necessary to do so to comply with law, or where the disclosure of personal information is reasonably necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Gesture User Agreement, or as otherwise required by law.
Third party service providers who assist us in providing services to you or who provide fraud detection or similar services on our or any vendor’s behalf.
The other Gesture user participating in the transaction and, depending on the privacy setting of each Gesture account transaction, your Gesture connections and the Gesture friends of the other user participating in the transaction, or the public, through the Gesture social feed on our website and mobile application and elsewhere on the internet. Service providers under contract who help with parts of our business operations (for example, fraud prevention, payment processing, or technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
Other third parties with your consent or at your direction to do so, including if you authorize an account connection with a third-party account or platform.
Gesture uses Stripe to process all credit card payments for services rendered on the Gesture platform. For more information regarding Stripe, please visit stripe.com.
Information that we share with a third-party based on an account connection will be used and disclosed in accordance with the third-party’s privacy practices. Before authorizing an account connection, you should review the privacy notice of any third-party that will gain access to your personal information as part of the account connection. For example, personal information that Gesture shares with a third-party account or platform such as a social media account may in turn be shared with certain other parties, including the general public, depending on the account’s or platform’s privacy practices.
If you choose to use Siri or iMessage to send payments via Gesture or to otherwise use the Services, such use is subject to Apple’s terms and conditions for use of iMessage and/or Siri, as applicable, and the terms of the Gesture User Agreement. By using Siri or iMessage, you authorize us to share some of your Gesture account data (including your connections list, your personal phone contacts, a list of persons you have transacted with most recently and most frequently, transaction instructions, and transaction notes) with Apple to allow it to facilitate transaction requests made through Siri or iMessage on iOS. Data shared with Apple will be used pursuant to Apple’s then-current user agreements and privacy policies. You can grant or revoke Apple’s access to Gesture on iOS at any time under the “Siri” or “iMessage” settings on your iPhone.
HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION
You can review and update your personal information in your account settings at any time by logging in to your account.
LINKS TO OTHER SERVICES OR SITES
The Services may contain links to (or allow you to link to) other third-party services or websites. Gesture does not control the information collection of third-party services or websites that can be reached through such links. We encourage our users to be aware when they are linking to a third-party service or website and to read the privacy statements of any third-party service or website that collects personally identifiable information.
HOW TO CONTACT US
Consumer Privacy Notice
Gesture, Gesture for Business and Gesture for Partners are services provided by Gesture US, Inc. (“Gesture”)