PRIVACY POLICY

This privacy policy (“Privacy Policy” or “Policy”) describes www.gemspocket.com (herein after referred to as “App”) policy on the collection, use, and disclosure of information about you in connection with your use of the domain, www.gemspocket.com and all associated Apps (if any) listed on our App. The terms “we”, “us” or “our”, refer to www.gemspocket.com. When you use the service available at our App, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.

Each time there is a change in our Privacy Policy, we will display a notice on our App thereof. We shall also notify you by email. We will use your personal information in a manner consistent with the Privacy Policy in effect at the time you submitted the information unless you consent to the new or revised policy

In every respect, by using the App, you agree to be bound by terms of this Privacy Policy.

1. INTRODUCTION

1.1 Your privacy is important to you and to us, so we’ll protect the information you share with us. To protect your privacy, the App follows different principles in accordance with worldwide practices for customer privacy and data protection.

1.2 We at App are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. For purpose of this Policy, Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home, including pictures that you upload or share with us. In general, you can visit the App’s pages without telling us who you are or revealing any Personal Information about yourself. If, however, Personal Information is reveled to us, we won’t sell or give away any content of your Personal Information to anyone and use state-of-the-art security measures to protect your information from unauthorized users. In addition, Personal Information shall also mean information about an individual as described in United States Privacy Act, 1974 as either personally identifiable information (PII), or sensitive personal information (SPI), as used in information security and privacy laws and is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

1.3 For customers in Europe – if and when we collect or use your personal information, we shall do so within the framework of General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and any related legislation, regulations, requirements or guidance from time to time for us to comply. For purpose of clarity, ‘Personal Data’ shall have the meaning given to it in the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).

1.4 Our legitimate interests in ensuring proper communication and handling within the organization. Your consent when we ask for it to process your personal information for a specific purpose that we communicate to you. When you consent to processing your personal information for a specified purpose, you may withdraw your consent at any time

and we will stop processing your data for that purpose. Our legitimate interests and the interests of our users in, for example, detecting and preventing fraud and abuse in order to protect the security of our users, ourselves, or others. Our legitimate interests in keeping records and necessary for the performance of your contract.

1.5 At gemspocket, we respect your privacy and are committed to protecting your personal information. This privacy policy explains how we collect, use, and disclose your personal information when you use our app.

2. INFORMATION WE COLLECT AND HOW WE USE IT

2.1 When you visit our App or use our service, we collect and store information about you, your computer or mobile device and your activities. This information may include, but is not limited to:

2.2.1 your computer’s IP address; technical information about your computer or mobile device (such as type of device, web browser or operating system);

2.2.2 your mobile device’s unique ID number (when available), your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically);

2.2.3 you agree to comply with all applicable privacy and data protection regulations. Further, you agree to not use our service to send us sensitive information where unauthorized disclosure could cause material, severe, or catastrophic harm or impact any data subjects or relying parties. Sensitive information includes, passwords, authentication/authorization credentials, information under strict regulatory or contractual handling requirements such as, credit card information, credit card numbers, CIV numbers (three digit codes for Visa and MasterCard, four digit code for American Express) and magnetic stripe information, social security numbers, driver’s license numbers, passport numbers, government issued identification numbers, financial account information, biometric data, real time geolocation data which can identify an individual, business secrets deemed highly confidential (e.g., highly-confidential business strategies and communications, sensitive attorney-client privileged and confidential communications). We collect, store, and use your user data on our servers to provide you with the ability to better maintain and improve your services. We may also use data in an aggregated form for our own purposes.

2.3 Additionally, we shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

2.4 We use the information to improve the Service’s functionality, quality and also personalize your experience. We also use this information to display relevant advertising, provide support, message you, and comply with legal obligations.

2.5 Please note that some of this information is automatically collected without you voluntarily choosing to provide this information to us.

3. CONSENT

3.1 Once you onboard to the application, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding the App’s programs, events, or Services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive messages from us.

3.2 Notwithstanding the above, the application allows users to create their own user name and also allows them to manage their privacy preferences, such as private or public along with permitting them to chat with people of their preference.

3.3 By accessing our App you agree to allow us to share data lawfully, with third parties who work on our behalf to provide your services, to comply with laws or to respond to lawful requests and legal process (provided that App will endeavor to notify you if we have received a lawful request for your information), to protect the rights and property of gemspocket Ltd, our agents, customers, and others including to enforce our agreements, policies, and terms of use, in an emergency, including to protect the personal safety of any person; and for the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture, or bankruptcy transaction or proceeding).

4. SECURITY

4.1 The App has taken strong measures to protect the security of your Personal Information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

4.2 You also have a significant role in protecting your information. No one can see or edit your Personal Information without knowing your user name and password, so do not share these with others.

4.3 Data Security: In addition to the above, App will maintain security procedures and practices to store in a secure fashion and protect all personally identifiable information regarding the end user (“PII”) that is collected by us and stored in a database owned or controlled by App (the “Database”), against accidental or unlawful destruction or loss, unauthorized disclosure or access. Such security procedures and practices shall be implemented in accordance with all applicable data protection laws and shall be appropriate to the nature of the information collected and shall be aligned with industry standard practices for the management, transport, and storage of PII.

4.4 You have the following choices regarding the personal information that we collect:

4.5 You can choose not to provide us with certain types of personal information, although this may limit your ability to use certain features of our app.

4.6 You can disable the collection of certain types of personal information through your device’s settings.

5. NOTICE TO PARENTS

5.1 We want to help you guard your children’s privacy. We encourage you to talk to your children (below 18 years) about safe and responsible use of their Personal Information while using our App. The App does not publish content that is harmful, derogatory or pornographic in nature. However, the App shall not incur any liability should your children provide us any Personal Information without parental consent. If you become aware that a child has provided us with personal information without parental consent, please contact us at support@gemspocket.com. If we become aware that a child under 13 has provided us with Personal Information without parental consent, we take steps to remove such information and terminate the child’s account.

5.2 We do not knowingly collect personal information from minors under the age of 18 through our service although certain third party websites that we link to may do so. These third party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children’s internet usage and instruct their children to never provide information on websites or applications without their permission.

5.3 We do not sell the personal information of our users, especially if we know they are under the age of 18 years of age, unless we receive affirmative authorization (the “right to opt in”) from the parent or guardian of a minor. If you have reason to believe that a child under the age of 13 (or 18) has provided us with personal information without your consent, please contact us at support@gemspocket.com with sufficient details to enable us to delete the information.

5.4 We are especially sensitive about children’s information. Our Services are not targeted towards children, and our users must be at least eighteen (18) years old to use our services. We don’t knowingly collect information from children under the age of 13. If you are a parent or legal guardian of a minor child, we will treat any information that you provide us while using our App on behalf of your minor child as Personal Information as otherwise provided in this Privacy Policy. If you have questions concerning our information practices with respect to children, or if you learn that a child under the age of 13 has used our services, created a user account, or provided us with personal information, please email us at support@gemspocket.com.

6. REGISTRATION

6.1 When you login to the App’s secure pages, we may ask you to register yourself electronically. When you do, we merge your registration information with any information you’ve already left with us (we call that information your personal profile). If you haven’t previously registered with us, we create a personal profile for you from your registration information.

6.2 California Privacy Rights for Minor Users (California Business and Professions Code Section 22581): California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted. To request removal of such data, and if you are a California resident, you can contact us using the contact information provided below, and include the email address associated with your account. Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

7. USER PRIVACY AND COOKIES

7.1 The Application allows users to upload images for specific purpose, such as sharing with friend. By uploading an image, user understands that your image may be viewable by the person shared with. We take the privacy of our users seriously and will only use or share your personal data in accordance with this privacy policy and as permitted by applicable law.

7.2 We will not sell or rent your personal data to third parties for marketing purposes. We will use reasonable measures to protect the security of the images you upload, including using secure servers and encryption. You have the right to access, restrict, object to, or withdraw your consent to the processing of your personal data at any time. You also have the right to file a complaint with an appropriate adjudicating authority if you believe that your rights have been infringed. If you have any questions or concerns about our use of your personal data, please contact us at support@gemspocket.com

7.3 Cookies: When you visit our website https://www.gemspocket.com/, we may place “cookies” on your computer to recognize you. We do this to store your preferences, collect statistical data and track your use of our service. Cookies are widely used, and most web browsers are configured initially to accept cookies automatically. If you prefer not to accept cookies, you may adjust and configure your browser settings accordingly. However, if you turn off cookies, or refuse to accept a request to place a cookie, some features and services on the site may not function properly. Ad companies (including but not limited to Google and Facebook) may also place cookies on your computer to track your activities across various websites so that they can display targeted advertisements.

7.4 We provide you with access to your user data and ability to delete any of your user data. We also take commercially reasonable steps to safeguard user data. We may also collect registration and other information about you as our customer through our App. Our collection and use of information collected about you on our App is governed by this Privacy Policy.

8. WHAT WE DO WITH THE INFORMATION YOU SHARE

8.1 When you subscribe to our newsletters, you provide us with your email address. We use this information to send you updates about our services, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer.

8.2 We will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) confirm to the edicts of the law or comply with legal process served on the App; (b) protect and defend the rights or property of App; and (c) act in urgent circumstances to protect the personal safety of users of App or the public.

9.INFORMATION SHARING AND DISCLOSURE

9.1 We do not rent or sell Personal Information about you with other people (save with your consent) or non-affiliated companies, except to provide services you’ve requested, under the following circumstances:
a. We respond to court orders, legal proceedings or to establish or exercise our legal rights or defend against legal claims.
b. We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the App’s terms of use, or as otherwise required by law.
c. We shall transfer information about you only if we are acquired by another company or individual. In this event, the App will notify you before information about you is transferred and becomes subject to a different privacy policy.
d. We may need to contact you to comply or co-operate with a legal request. For this purpose, we will use the email address provided to us by you. All communications sent by us at such email address shall be deemed to have been communicated to you.

10. CONFIDENTIALITY AND SECURITY

10.1 We limit access to Personal Information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

10.2 We seek to ensure compliance with applicable technology laws to ensure the protection and preservation of your privacy. Additionally, we follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

11. YOUR CONSENT

11.1 By using the App, you consent to the terms of our Privacy Policy and to the App’s processing of Personal Information for the purposes given above.

12. PRIVACY POLICY CONCERNS AND GRIEVANCE REDRESSAL MECHANISM

12.1 In compliance with the Privacy Shield Principles, App commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Policy should first contact us at support@gemspocket.com

CONTACT INFORMATION

13.1 We welcome your comments regarding this privacy statement at the contact address given at the App. Should there be any concerns about contravention of this Privacy Policy, we will employ all commercially reasonable efforts to address the same. The terms in this Policy may be changed by us at any time. App is free to offer its services to any client/prospective client without restriction.

14. Collection of Personal Information

14.1 When you use our app, we may collect the following types of personal information:

14.2 Image information: We may collect image information that you upload or submit through our app. This may include photos or videos that you capture using your device’s camera, or images that you upload from your device’s gallery.

14.3 Device information: We may collect information about the device you use to access our app, such as your device model, device ID, adverstising ID, operating system, and browser type.

14.4 Usage information: We may collect information about how you use our app, including which features you use, how often you use them, and how long you use them for by utilizing third-party service providers to track user interactions..

We collect this information for the sole purpose of providing our app’s services and improving our app’s functionality.

15. Use of Personal Information

We use your personal information for the following purposes:

15.1 To provide our app’s services: We use your personal information to provide you with the services offered by our app, such as allowing you to upload and share images with others.

15.2 To improve our app’s functionality: We use your personal information to improve our app’s features and functionality. For example, we may use usage information to identify which features are most popular and to make improvements to those features.

15.3 To communicate with you: We may use your personal information to communicate with you about our app, such as to notify you about updates or changes to our app.

15.4 We do not share or sell your personal information with any third parties, except as required by law.

16. Protection of Personal Information

16.1 Respecting Contact Data Privacy:
Our application steadfastly refrains from uploading, storing, or processing any user contact details. We hold a deep respect for the privacy of your personal contacts and ensure that their information remains entirely outside our access and use.

16.2 No Requirement for Contact Information:
In alignment with our privacy-first approach, our application does not seek or require any contact-related information from our users. Designed for optimal functionality without relying on your contact list or any associated data, our app prioritizes user privacy at every step.

16.3 We take the security and protection of your personal information very seriously. We have implemented appropriate technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction.

17. Posting of Privacy Policy

17.1 We understand the importance of posting a privacy policy for our users. We are committed to complying with all applicable laws and regulations, including the Google Play Developer Distribution Agreement. We have completed an accurate Data Safety Form in Play Console that discloses our data collection and sharing practices, as required by Google’s policies. We are committed to transparency and compliance with all applicable regulations and guidelines We have posted this privacy policy to ensure transparency and to provide our users with the necessary information about how we collect, use, and disclose personal information.

18. Contact Us

18.1 If you have any questions or concerns about our privacy policy or the collection, use, or disclosure of your personal information, please contact us at support@gemspocket.com We will be happy to answer any questions you may have.