Privacy Policy

Gather Online respects the privacy of its users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy describes the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.

We encourage you to read this Privacy Policy carefully when using our Services or transacting business with us. Your use of our Services, including any dispute concerning privacy, is subject to this Privacy Policy and our applicable Terms of Use.

By using or accessing our Services, you agree to be bound by the practices set forth in this Privacy Policy, whether or not you register as a member.

This Privacy Policy applies to your access to, and use of, Gather Online Pty Ltd.’s (ACN 138 111 501) and its affiliates’ and subsidiaries’ (collectively referred to herein as “Gather Online”) mobile and internet services (including through its website at gatheronline.com and any other Gather Online branded or co-branded websites (including sub-domains and international versions)), applications for mobile, internet and social platforms and other features, applications or services offered by Gather Online as part of the Gather Online experience (the “Services”). All references herein to “us”, “we” or “our” shall refer to Gather Online. All references herein to “device” shall mean your computer, tablet, mobile phone or other device by which you access our Services.

This Privacy Policy is subject to modification by Gather Online in its sole and absolute discretion at any time. You hereby waive any right you may have to receive notification of modifications to this Privacy Policy and you should therefore check our Services from time to time because any modifications will be effective immediately once they have been posted online at gatheronline.com/about/policy. Your continued use of or access to the Services, following the posting of such changes to this Privacy Policy, shall constitute your acceptance of the amended policy.

We are subject to, and will comply with, the Australian Privacy Principles contained in the Privacy Act 1988, as amended (Cth) (the “Privacy Act”), subject to exemptions that apply to us under the Privacy Act.

If you have any questions about our privacy practices, please contact us at privacy@gatheronline.com.

How We Collect and Use Your Information

We may collect information, through any of our Services, that personally identifies you, or you from which you are reasonably identifiable, such as your name, address, email address, telephone number and financial information such as payment methods (valid credit card number, type, expiration date or other financial identifying information (“personal information”) and other non-personal information. Non-personal information consists of aggregate information or any information that does not reveal your identity. When you provide personal information through our Services, the information may be sent to servers located in Australia and other countries around the world as permitted by applicable law and regulations.

Information You Provide

We may collect and store any personal information you enter on our Services, or provide to us in some other manner. You may also provide us information about your interests and activities, age, gender, and other demographic information such as your place of birth or your username in order to create your online profile. You will be required to provide us with your photo(s) when you register as a member, and you may choose to provide us with a video(s) as part of such registration. By providing us such content, you agree that we may make them available to other registered members of the Services. By posting content on our Services, you acknowledge and agree that when you delete such content it will be deleted in a manner similar to emptying the recycle bin on a computer – therefore, you acknowledge that removed content may remain in backup copies for a reasonable period of time (but will not be available to other users). Except as otherwise stated in this Privacy Policy, we do not disclose your personal information to other users of the Services.

Information From Third Parties

We may obtain both personal and non-personal information about you from our business partners, contractors and other third parties. We may also receive information about our users from third party social media platforms. When you access or use our Services through a third-party social media site or application, you allow us to access or collect information made available by the third party site or application in accordance with its privacy policy. This information may be available from your profile or account with such site or application or from cookies placed on your device by the third party platform.

Information About Others

We may collect and store personal information about other people that you provide to us, such as their name, address and email address. If you use our Services to send others a product as a gift, we may store your personal information, and the personal information of each such recipient in order to process those requests or facilitate future activities.

Log Data

Our servers automatically record and collect information from your browser or device when you use our Services. This log data may include your IP address, device ID, browser type and settings, access times, cookie data, and any referring website address. Log data is used to analyze trends, administer the Services, prevent fraud, track visitor movement in the aggregate and gather broad demographic information. We do not share the log data externally.

Cookies Data

When you visit our Services, we may assign your device one or more cookies to facilitate access to our Services and to personalize your user experience. Through the use of a cookie, we also may automatically collect information about your online activity on our Services, such as the pages you visit, the time and date of your visits, the links you click, and the searches you conduct on our Services. During your visits to other websites or applications where we may advertise, we (or third parties) may use certain data collected on our Services to show you Gather Online advertisements. Cookies allow us to count the number of users of our Services and distinguish repeat users from new users. They also allow us to track user trends and save user preferences. We rely on cookies for the full and proper operation of our Services. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline all cookies, the Services will not function properly. Users who refuse cookies assume all responsibility for any resulting loss of functionality in the Services. We do not link the cookies to any personal information.

Other Technologies

We may use “web beacons” (also known as “clear gifs”, pixel tags” or “web bugs”) and other technologies (including mobile analytics), to track your use of our Services, and further personalize our Services for our users. We may include web beacons in advertisements or email messages to better understand the behavior of our users. We do not link the web beacons or the mobile analytics software to any personal information.

Mobile Device Information

We may also collect information about the mobile device you are accessing our Services with, what operating system you are using, type of device, device settings and crash data. We collect your geolocation information only with your consent. We send you push notifications of items you have signed up for in relation to push notifications. If you wish to opt-out from receiving these types of communications you may turn them off at the mobile device level.

Information Collected By Third Parties

We may allow business partners, service providers, advertising companies and ad networks, and other third parties to display advertisements on our Services. These companies may use tracking technologies, such as cookies and web beacons, to collect information about users to measure advertising effectiveness. Any information that these third parties collect via cookies and web beacons is completely anonymous.

Online Survey Data

We may conduct surveys for our members to participate in on a voluntary basis. Such surveys provide us with important information to improve your user experience. Any additional rules regarding the conduct of such surveys will be conveyed to you prior to your participation. Survey responses will be anonymous and will not be linked to any personal information.

E-Mails, Texts and Telephone Calls

By registering for our Services you are required to provide us with your e-mail address. We use your e-mail address for both transactional and promotional (e.g., discounts, event notifications, third-party offers and new product offerings) purposes. E-mail messages we send you may have code that enables us to track your usage of the e-mails, including whether they were opened and whether any links were clicked. If you would rather not receive promotional e-mails from us, either click the “unsubscribe” link on the bottom of the e-mail or go to the “Account Settings” page associated with your account, and un-check the undesired promotions. We reserve the right to send you certain administrative and service related communications, without offering you the opportunity to opt out of receiving them. We may also contact you by text message or telephone (including to any cellular number you provide us with) solely in connection with our Services. If you would rather not receive text messages or telephone calls from us, you may change or delete your number from your account preference page, or ask to be removed from our contact list if you receive a text or telephone call from us. We fully comply with the requirements of the Spam Act 2004 (Cth) and the U.S. CAN-SPAM Act of 2003, as applicable.

Other General Uses of Your Information We Collect

We may use information that we collect about you to: (i) offer you customized content; (ii) deliver our products and services, and manage our business; (iii) manage your account and respond to your questions and comments; (iv) perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by third parties; (v) send you newsletters, updates, marketing materials and other information that may be of interest to you; (vi) develop and display content and advertising tailored to your interests on our Services and other sites and applications; (vii) perform advertisement tracking and analytics for our Services; (viii) enforce or exercise any rights in our Terms of Use; and (ix) perform functions as otherwise described to you at the time of collection of such information.

We may use your financial information to (i) process payment for any purchases made on our Services, (ii) enroll you in membership or subscriptions in which you elect to participate, (iii) to protect against or identify possible fraudulent transactions, and (iv) otherwise as needed to manage our business.

We may always perform these functions directly or use a third party vendor to perform these functions on our behalf who will be obligated to use your personal information only to perform services for us. Also, if you access our Services from a third party social media platform, we may share non-personal information with that platform to the extent permitted by your agreement with it and its privacy settings.

Disclosure of Your Information

Personal Information. We do not share your personal information with others except as indicated in this Privacy Policy or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:

Other Registered Members

We will disclose your profile information (including photos) to other registered members as a critical part of the provision of our Services. [We may also make features available enabling other registered members to share your profile information, including photos, with members of their social network(s). We never share your contact information with other registered members of the Services.]

Service Providers

We may share information, including personal information, with third parties that perform certain services on our behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, member screenings, supporting our website functionality, and supporting surveys and other features offered through our Services. We may also share your name, contact information and credit card information with our service providers who process credit card payments. Your personal information will be treated as private and confidential by such service providers and not used for any purposes other than the functions which we authorize.

Business Partners

When you register as a member on our Services or click-through our advertisements offered on third party websites or applications, we may share personal information with the businesses with which we partner to offer you the applicable products, services or any advertisements. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.

Miscellaneous.

We also may disclose your information, including personal information: (i) if required to do so by law or regulation; (ii) if we believe, in our sole discretion, that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (iii) if we believe, in our sole discretion, that disclosure is reasonable to protect or defend Gather Online’s or a third-party’s rights or property or to enforce our terms of use or other agreements or policies; (iv) if we believe, in our sole discretion, that disclosure is reasonable to protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened; (v) if we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; and (vi) in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale.

Non-Personal Information. The Australian Privacy Principles do not apply to non-personal information (including aggregated information), and therefore we may use and disclose such information for any purpose and by any means whatsoever, provided such use is also in compliance with the applicable laws of all jurisdictions in which such information has been obtained or is being disseminated. By way of example, we may share non-personal information and/or aggregated information (i) with third parties to develop and deliver targeted advertising on our Services and on websites or applications of third parties, and to analyze and report on advertising, and (ii) or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes. Some portions of your account profile may be available to search engine crawlers and thus may appear in internet searches, but no personal information will be included in such search results. For example, we may engage a data provider who may collect web log data from you, or place a cookie on your browser to enable you to receive customized advertisements. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us (such as your email address), that we may share with a data provider solely in hashed, non-human readable form.

Public Forums

Our Services may include interactive forums such as chat rooms, messaging channels and message boards. Any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

What Choices Do You Have Regarding Your Information

You can choose not to provide us with certain information, however, by doing so you may be unable to use certain features of our Services because such information may be required in order for you to register as a member, purchase paid Premium memberships products or services, ask a question or initiate transactions. Many of the choices you have are built directly into your account settings. For example, you can access and change information in your profile page at any time. You can link or unlink your Gather Online account from an account on another social media platform. You can close your account at any time, but please be aware that we may retain archived copies of your information as required by law or for legitimate business purposes (including, without limitation, to address spam and fraud, collect any fees owed, for recordkeeping purposes, to take actions we deem necessary to protect the integrity of our Services or our users, or take other actions otherwise permitted by law). In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.

Security

We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. These measures include the use of Secure Socket Layer (SSL) and/or strong encryption (3DES) technology during credit card transactions and administrative access to our Services data. We will exercise reasonable care in providing secure transmission of information between your device and our servers, but given that no information transmitted over the internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the internet and therefore accept no liability for any unintentional disclosure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.

Information You Provide About Yourself

You can post information about yourself and others and communicate with others or upload content such as photographs on our Services. Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are performed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

Protection of Children’s Privacy

We restrict the use of our Services to individuals age 13 and above and do not target children under the age of 13. We do not knowingly collect personal information from children under the age of 13, and in compliance with the Children’s Online Privacy Protection Act, any information which we may receive from users that we become aware of are under the age of 13 will be purged from our database.

Using Our Services Outside Australia

If you are using our Services from outside Australia, please be aware that your information may be transferred to, stored, and processed in Australia where our servers are located and our central database is operated. By using our Services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Services.