Privacy Policy

Last revised October 15, 2013

Gigg takes protecting your privacy seriously, and we want you to understand exactly how and why we use your information. This is our Privacy Policy, which describes what information we collect and what it’s used for. It applies to all interactions with Gigg.com including content posted through the Giggapp™ (collectively referred to herein as the “Website”). Please read this Privacy Policy carefully. Your use of and/or registration with Gigg will constitute your agreement to our Privacy Policy. If you cannot agree to the terms and conditions set forth below, please do not use our services. Additionally, our Privacy Policy is part of our User Agreement, and by using the Gigg website you agree to both

There are many different ways you can use Gigg’s services (the “Services”) – to search for and share information, to communicate with other people or to create new content. When you share information with us, for example by creating a Gigg account, we can make those services even better – to show you more relevant search results and ads, to help you connect with people or to make sharing with others quicker and easier. As you use Gigg’s services, we want you to be clear how we’re using information and the ways in which you can protect your privacy. Our goal in developing our privacy practices is to allow your participation to remain as anonymous as you choose and we don’t sell or profit from the information you share with us.

Our Privacy Policy explains:

  • What information Gigg collects and why Gigg collects it.
  • How Gigg uses that information.
  • The choices Gigg offers, including how to access and update information.

Your privacy matters to Gigg so whether you are new to Gigg or a long-time user, take the time to get to know Gigg’s practices.

INFORMATION GIGG COLLECTS

Gigg collects information to provide better services to all Gigg users – from figuring out basic stuff like which language you speak, to more complex things like which ads you’ll find most useful or the people who matter most to you online.

Gigg collects information in two ways:

    • Information you give us. For example, many of our services require you to sign up for a Gigg account. When you do, we’ll ask for personal information, like your name, address, email address, telephone number or credit card.
    • Information we get from your use of our services. We may collect information about the services that you use and how you use them, like when you visit a website that uses our advertising services or you view and interact with our ads and content. This information includes

 

    • Device information We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers and mobile network information including phone number). Gigg may associate your device identifiers or phone number with your Gigg Account.
    • Log information When you use our services or view content provided by Gigg, we may automatically collect and store certain information in our server logs. This may include:
      • details of how you used our service, such as your search queries.
      • telephone log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls.
      • internet protocol address.
      • device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
    • Unique application numbers Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to Gigg when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
    • Local storage We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage and application data caches.
    • Cookies and anonymous identifiers We use various technologies to collect and store information when you visit a Gigg service, and this may include sending one or more cookies or anonymous identifies to your device. We also use cookies and anonymous identifiers when you interact with services we offer to our partners, such as advertising services or Gigg features that may appear on other sites
    • Browser Cookies The Services set browser “cookies” on your computer or other device. Cookies are a website’s way of remembering who you are. A cookie is a small text file that is stored on your computer’s hard drive or stored temporarily in your computer’s memory. There are two kinds of cookies: those that are “session” oriented and those that are “persistent”. Session cookies are no longer active once you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We use cookies to help us to identify account holders and to optimize their experience on our Services. Also, we will use cookies to monitor and maintain information about your use of the Services. In addition, we use third party advertising companies (each, a “Third Party Advertiser”) to market, sell, and display advertisements that you may see when you visit our Services. More information can be found about this practice below. These Third Party Advertisers may use information (not including your name, address, email address or telephone number) about your visit to the Services in connection with such marketing, sales, and advertising activities, including with respect to goods and services that may be of interest to you. In the course of such advertising activities, we may, on their behalf, or the Third Party Advertiser itself may place or recognize a unique ‘cookie’ on your computer or mobile device. Most web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. For example, in the Internet Explorer menu bar, select: Tools→Internet Options→Browsing History→Delete to view manual and automatic options. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of the Services.
    • Flash Cookies Our Services enable the use of the Adobe Flash Player. Adobe’s Flash Player is used by many websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features of the Services. Users with a computer running the Windows operating system can view flash cookie files in this folder: \Documents and Settings\[username]\Application Data\Macromedia\Flash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files are stored typically with an “.SOL” extension.

 

The Adobe Flash Player is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the World Wide Web. Almost all web pages you visit on the internet are based around HTML code. HTML5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. One of the real benefits of HTML5 is its potential to standardize the highly fragmented rich-media universe. Some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools.

  • Web Beacons Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a “clear gif”, that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Services, and we may include web beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Services and our marketing campaigns.

HOW GIGG USES INFORMATION GIGG COLLECTS

We use the information we collect from all of our Services to provide, maintain, protect and improve them, to develop new ones, and to protect Gigg and our users. We also use this information to offer you tailored content – like giving you more relevant search results and ads. Therefore, we may provide information to select outside companies when we believe their products or services may be of interest to you.

We may use the name you provide for your Gigg profile across all of the services we offer that require a Gigg account. In addition, we may replace past names associated with your Gigg account so that you are represented consistently across all our services. If other users already have your email, or other information that identifies you, we may show them your publicly visible Gigg Profile information, such as your name and, if applicable, photo.

When you contact Gigg, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer. When showing you tailored ads, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.

We may combine personal information from one service with information, including personal information, from other Gigg services – for example to make it easier to share things with people you know. We will not combine DoubleClick cookie information with personally identifiable information unless we have your opt-in consent.

We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

Gigg processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.

TRANSPARENCY AND CHOICE

Gigg’s objective related to privacy is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can:

  • Review and control certain types of information tied to your Gigg Account by using Gigg Dashboard.
  • Use the Gigg editor to see and adjust how your Gigg Profile appears to particular individuals.
  • Control who you share information with.
  • Take information out of many of our services.

INFORMATION YOU SHARE

Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines. Our services provide you with different options on sharing and removing your content.

ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

Whenever you use our services, we want to provide you with access to your personal information. If that information is wrong, we want to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.

We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

INFORMATION WE SHARE

We do not share personal information with companies, organizations and individuals outside of Gigg unless one of the following circumstances apply:

    • With your consent We will share personal information with companies, organizations or individuals outside of Gigg when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.
    • For external processing We provide personal information to all Gigg divisions and all Gigg affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
    • For legal reasons We will share personal information with companies, organizations or individuals outside of Gigg if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
      • meet any applicable law, regulation, legal process or enforceable governmental request.
      • enforce applicable Terms of Service, including investigation of potential violations.
      • detect, prevent, or otherwise address fraud, security or technical issues
      • protect against harm to the rights, property or safety of Gigg, our users or the public as required or permitted by law.

We may share aggregated, non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.

We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) product and/or experience customization, (b) distribution of marketing and promotional material, (c) website evaluation, (d) data collection, storage, management, analysis and, where applicable, cleansing, and (e) any other services designed to assist us in maximizing our business potential. These third parties may have access to the Services’ user information, including personal information, to the extent it is needed to perform their duties and functions.

We may offer promotional content, such as a contest, sweepstakes or promotion in connection with our Services. Such promotions may be sponsored by or co-branded with a third party, who may obtain the personal information that you submit. If you provide information to such third parties, we cannot control those third parties’ use of your information. If you do not want your information to be collected by or shared with a third party, do not participate in these events. Also, by entering a promotion, we may require you to consent to the use of your personal information or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In some instances, we may have an arrangement with a promotional partner or retailer, whereby they share with us customer information collected on their website. In the event that we receive such data and combine it with our customer records, the combined information will be treated in accordance with this Privacy Policy. Otherwise, all such information is subject to the privacy policy under which it was collected.

From time to time, we are approached by third party companies and organizations that provide special offers or other offers that we believe may be of interest to you. To extend these offers to you, we may use your Gigg account information to send out promotional mailings to you on their behalf. If you select to sign up for the third party offer, we will share your Gigg account information with the third party offer provider. We see this as a value-added service helping you find useful products or services.

We reserve the right to disclose, share and/or otherwise transfer user information, including without limitation personal information, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Gigg’s assets, or other fundamental corporate change, whatever form it may take. You will be notified via e-mail or prominent notice on our Website prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. For clarification and the removal of doubt, Gigg specifically reserves the right to transfer or share a copy of personal information collected pursuant to this Privacy Policy from the Services, off-line or otherwise, to the buyer of that portion of its business relating to that information.

INFORMATION SECURITY

We work hard to protect Gigg and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

  • We encrypt many of our services using SSL.
  • We offer you a verification protocol when you access your Gigg Account on GiggStage.com.
  • We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
  • We restrict access to personal information to Gigg employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

AD SERVING TECHNOLOGY:

The Services may employ proprietary or third party ad serving technologies that use cookies, clear GIFs, web beacons, tracking pixels or other technologies to collect information as a result of ad serving through the Services. Gigg or third parties operating the ad serving technology may use demographic and location information, as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the Services and to calculate or control the number of unique and repeat views of a given ad, and/or deliver ads that relate to your interests and measure the effectiveness of ad campaigns. We or third parties may collect data for this purpose, including your IP address (including for purposes of determining your approximate geographic location), device ID, information about your software, applications and hardware, machine or device make and model, advertisement(s) served, in game location, length of time an advertisement was visible, other Internet and website usage information, web pages and mobile Internet sites which have been viewed by you (as well as date and time), domain type, size of the advertisement, advertisement response (if any), and angle of view. Note that if you click on an ad that appears on the Services, you acknowledge and agree as a result of how that technology works that your name or other identifying characteristics may be revealed to the advertiser (or its ad server) through referrer headers (the URL transmitted by publishers when users click on ads).

You recognize and agree that the advertising companies who deliver ads for Gigg may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies may be integrated into the Services.

SPECIAL NOTICE REGARDING CHILDREN UNDER 13 YEARS OF AGE

These Services are not aimed at nor intended for children under the age of 13. If you are under the age of 13, please do not use the Services, and if you are over the age of 13 but under the age of 18, you should use the Services only with the and permission and/or supervision of a parent or legal guardian. Our Services do not accept registration from children under the age of 13. No personal information is purposefully or knowingly collected from children under the age of 13 by Gigg. Parents are hereby put on notice that as a result of the foregoing, Gigg does not provide a mechanism to obtain parental consent.

If you are a parent or guardian who has discovered that your child has submitted his or her personal information to Gigg, Gigg will make commercially reasonable efforts to delete the information from its database, at your request. To request the deletion of your child’s information, please send an email to support@gigg.com and be sure to include in your message the same member name and password that your child submitted. Your use of the Services indicates that you hereby represent and warrant that all information you provide, including but not limited to age, shall be truthful and correct.

HYPERLINKS TO AND FROM OTHER WEBSITES

The Services may contain links to, or advertisements concerning, other websites. Other websites may also reference, advertise, or link to Gigg. Gigg is not responsible for the privacy practices or the content of such other websites and expressly disclaims all liability associated with your use of, and the content on, such other websites and advertisements. You should check the applicable privacy policy of any website you may click through to.

SOCIAL NETWORKING

Gigg may offer you the possibility to connect your accounts from third party social networking sites, such as Facebook and Twitter (each, a “Social Networking Site”), with the Services by an application programming interface (API) or other software. By allowing Gigg to connect with your accounts on such Social Networking Sites, you consent to Gigg’s accessing the information in those accounts, which information may include personal information. You likewise consent to Gigg’s publishing on the Services any such information or actions you take on other such Social Networking Sites. Any information accessed or published from your account on a Social Networking Site on the Services is subject to Gigg’s Terms of Service. It is your choice whether to use any such Social Networking Site, and you understand that in some instances such Social Networking Sites may request to access and publish information about you or your friends that is included in your Gigg account.

APPLICATION

Our Privacy Policy applies to all of the services offered by Gigg and its affiliates, including services offered on other sites (such as our advertising services), but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include Gigg services, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

CONSENT TO PROCESSING IN THE UNITED STATES

The Services are operated in the United States. By providing any personal information to the Services, all users, including, without limitation, users in the member states of the European Union, Canada or elsewhere outside of the United States fully understand and unambiguously consent to this Privacy Policy. By using our Services, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States.

ENFORCEMENT

We regularly review our compliance with our Privacy Policy. We also adhere to several self-regulatory frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

NOTICE TO CALIFORNIA RESIDENTS/YOUR CALIFORNIA PRIVACY RIGHTS

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personals to third parties for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2012 will receive information about 2011 sharing activities). As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, consistently exercise your opt-out choice whenever you provide personal information to us or send us a message using the email set forth above. You must include the Services as the subject line, and your full name, e-mail address, and postal address in your message.

CHANGES

Our Privacy Policy may change from time to time. When we amend this Privacy Policy, we will revise the “last updated” date located at the top of this Privacy Policy. For changes to this Privacy Policy that we consider to be material, we will let you know by displaying a notice when you first use the Services after such changes have been made. We may also, at our discretion, provide notification of changes by other means. If you provide information to us or access or use the Services in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy Policy will be available on the Website and the App and will supersede all previous versions of this Privacy Policy.

CHOICE OF LAW

This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the United States, the State of California, without regard to its conflict or choice of law principles that would require application of the laws of another jurisdiction.

ARBITRATION

By using the Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Gigg and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Provo, Utah; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Privacy Policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services; (5) the arbitrator shall apply Utah law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

Pin It on Pinterest